Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1861-06-19
The plea of NecessiIY.

That one little word necessity is made TO cover
a great MANY sins. 1t is the plea of the tyrant
and the despOt, the world over; but the people OF
the United States have not been so much aceus
toned to accept it as the apology for overriding
constitutional provisions and legal enactments.
In desllotic countries where the will OF the ruler
is supreme it is always easy to justify any acts,
however extreme, by the plea that the public
exigencies demand it, and that, therefore, it is
the duty of the sovereign TO assume the act, how
ever oppre sSivc or distasteful it may be To the
people at large. But here where the people are
understood to be the real sovereigns-where gov
eminent is supposed TO exist by consent of the
governed, and where those in authority derive
their power from well defined language in the
written onstituti0n-aninstrum which clearly
cOnters certain powers, and as clearly reserves all
Others To the peOple-it has been stOmary for
the public officers, from the Chief Magistrate to
the lowest subordinate, to place their justification
for official action, not upon any real or supposed
necessity, but upon the power conferred by the
Constitution and laws. Within these limits they
may exercise the functions belonging to their
several positions; and where discretionary power
has been conferred, it needs no plea Of public
necessity to apologize for the exercise of the
thority vested in them by the fundamental law, or
by the Legislature i'll accordance Herewith.
1t can not have escaped the notice of observ
ing men, that L new doctrine has lately obtained
the approval, or at least the assent, of largenum
bers of our citizens doctrine which may seem
very harmless for the time being, but which. if
suffered to become engrafted upon our system,
must sooner OF later undermine our Institutions
and transform the Government into very diff
ferent from that established by the men of
revolutionary DAYS 1t is simply The doctrine
that political or public necessity warrants the ex-
erciSe of powers not conferred by the Constitution
and laws doctrine which is at with the
=
fail to work infinite mischief, if not quickly re-
buked by the good sense and judgment of the
people.
Perhaps the most serious thought connected
with this s-bject, is the fact that the principle TO
which have alluded apparently receives the
sanction of many who have ever been considered
conservative, aw-abiding men. Their minds
have been thoroughly aroused to the alarming
condition of the country and the imminent peril
in which Government il placed. they naturally
ask what Can be done to avert the impending cat
astrophe and without stopping to inquire pirtic-
uarly whether the remedy proposed is cOnsonant
with system of government, they accept what
seems vigorous and energetic plan OF putting
down rebellion justifying its departure from con
stitut onal and legal rights the pie, OF neces-
sity, which they argue may be admitted at such
time and under such extraordinary circamstan-
This is very suspicious. and very taking
with unreaecting minds bat to what dangers
does IL ield, and what violations OF the COnStltu-
ton may it not be made TO cover, under the pre-
tense of promoting the public good Once open
the door to this doctrine, and we shall find the
flood gates of oppression and tyranny fast dis
charging their hitherto restrained waters upon US
ard we shall soon be overwhelmed with the evils
and dangers which at first appear so harmless and
even so beneficial. Ii Is like tho gentle stream
which is made to irrgate and fructify the SOIL but
which gradually wears away the embankmen;
raised to restrain and direct IT, and rushes with
the force OF the torrent, and Carrying ruin and
desolation where only Irutfulness and verdure
were looked for as the result of its gentle in
fuenceS.
There is no safety for any government except
i'm a rigid adherence to established constitutional
and legal enactments; strict observance OF the
charter under which it is established, and which
alone should be its guide and the law of its add
ministration. Ii we admit the heresy that a great
public necessity may justify disregard OF the
Constitution, and departure from its wise and
salutary provisions, may rely upon the
renee of such public necessity. just us often as it
may suit the convenience of ambitious rulers, or
their more ambitious advisers. 1t will always be
easy create the necessity, it the motive is at
hand. The safe and sllutary rule-that which
alone can render our Government secure and
protect the people against the abuse of power is
jellOuSly to guard against the Entertainments OF
evil and to hold all to IA rigid observance of the
laws, which made to govern their official
action.
The present is emphatically the time to en-
force and impress upon the people of the United
States the Importance of strict regard for consti-
tutionil obligations. We are engaged in 4 war
ostensibly to sustain and uphold our institutions
to maintain the Constitution and the laws. Let
US take care that we do not, while protesting a
religious regard for the sacred charter of our lib
QnfQ hl+ will x-nFfl,r flxy
both and make the Presidents judgment of pub
lie necessities, power over and above the funda
mental law-an agency for destroying, while pro
Tossing to uphold it-N Y. Sun.