The Continental Monthly, Vol. IV. October, 1863, No. IV. - Devoted to Literature and National Policy. by Various
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page 8 of 280 (02%)
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them _for their own good_, so may they dispense with them for their own
good, whenever the national safety requires this. As they have established certain modes of lawful procedure _for their own security_, so may they adopt other modes when their safety demands it. Their laws and their codes of procedure are for their _uses_, not for their destruction. 'When a sister State is endangered, red tape must be cut,' said Governor Seymour, when it was telegraphed to him that some delaying forms must be gone through in order to arm and send off our State troops who were ordered to the defence of Harrisburg; and all the people said, Amen! The people of the United States inaugurated a government, whose forms of law were admirably suited to times of peace, but have been found inadequate to seasons of intestine strife. They have, as we have seen, superadded, in some degree, other methods of action, indorsing and adopting those to which the Executive was compelled to resort as better adapted to changed conditions. They have not done this in accordance with prescribed forms, in all instances, because the forms of _civil_ government do not provide for a condition of society in which civil authority is virtually abrogated, to a greater or less extent, for military authority. In the same way and by virtue of the same sovereignty, the people of the United States may lay aside the common method of indicating their pleasure to the Executive, and substitute one more in consonance with the requirements of the times. They may make known that they _do_ lay aside an established mode, either by a formal notice or by a general tacit understanding, as the exigencies of the case require. They may recognize the right, aye, the _duty_ of the Executive to act in accordance with other methods than those prescribed for ordinary seasons, in cases where the national security demands this. |
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