It is evident, therefore, that at times the accustomed methods of Civil government must, in deference to national safety, be laid aside, to some extent, and the more vigorous adaptations of Military government substituted in their stead. But it does not follow from this that arbitrary power is necessarily employed, or that such methods are not strictly legal. There is a despotic Civil government and a despotic Military government, a free Civil government and a free Military government. The Civil government of Russia is despotic; so would its Military government be if internal strife should demand that military authority supersede the civil; the Civil government of the United States is free, so must its Military government be in order to be sustained.
But what is a free Military government? There is precisely the same difference between a free and a despotic military polity as between a free and a despotic civil polity. It is the essential nature of despotic rule that it recognizes the fountain head of all power to be the ruler, and the people are held as the mere creatures of his pleasure. It is the essence of free government that it regards the people as the source of all power, and the rulers as their agents, possessing only such authority as is committed by the former into the hands of the latter. It matters not, therefore, whether a ruler be exercising the civil power in times of peaceful national life, or whether, in times of rebellion, he wields the military authority essential to security, he is alike, at either time, a despot or a republican, accordingly as he exercises his power without regard to the will of the people, or as he exercises such power only as the national voice delegates to him.