Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1861-08-14


ate exercise of our authority; but that the spirit
nfallibly viii continue; and. continuing, viii pro-
luce such effects, as now embarrass US; the sec
)nd mode under consideration is. 10 prosecute that
spirit in its overt acts, as criminal
At this proposition, / must pause moment.
The thing seems a great deal too big for my ideas
Of JURISPRUDENCE Ii should seem, to my way Of
such matters, that there is very vide
difference in reason and policy between the mode
OF proceeding on the irregular conduct of scatter
ed individuals, even OF bands of men, who dis
turb order within the state, and the civil dissen-
tons which may. from time to time. on great
questions agitate the several communities which
compose great empire IL looks to me TO be
narrow and pedantic, 10 apply the ordinary IDEAS
OF crimial Justice to this great public contest l
do not know the method of drawing up an indict-
ment against an whole people / cannot Insult
and ridicule-th feelings of millions Of my fell
low creatures, as Sir Edward Coke insulted one
excellent individual (Sir Walter Raleigh at the
bar. | am not npe to pass sentence on the gray
est public bodies, entrusted with magistrates of
great authority and dignity, and charged with the
safety OF their fellow citizens, upon the very same
title that | am. | really think, that for wise men
this Is not judiciOus; for sober men, not decent;
for minds tinctured with humanity, not mild and
merciful.
Perhaps, sir, am mistaken in my idea of an
kingdom. But my idea of il r this: that an en-
pre- Is the aggregate OF many states under one
common head, whether this head be a monarch
or presiding republic. IL does, in such consti-
tutiCns. frequently happen land nothing but the
dismal, cold, dead uniformity of servitude can
prevent its happening) that the subordinate parts
have many local privileges and immunties. Be
tween these privileges and the supreme common
authority, the line NAV be extremely nice OF
a
and much i'll blood will arise But though every
privilege is an exemption lin the case) from the
ordinary exercise OF the supreme authority, IL IS
no denial OF il. The claim OF a privilege seems
rather eT "a feTRiHi, TO imply superior power.
For to talk of the privileges of a state or Of a
person, who has no superior. is hardly any better
than speaking nonsense. Now, in such uniortu-
nate quarrels, among the component parts of a
great political union of communities. can scarce
ly conceive any thing more completely imprudent:
than tor the head of the empire to insist that if
any privilege is pleaded against his will, or his
acts, that his whole authority is denied; instantly
to proclaim rebellion, to beat TO arms, and to put
the offending provinces uner the ban. Will not
this sir. very teach the provinces to make no
distinctions their par:l Will it not teach them
that the government, against which claim of
liberty is tantamOunt 10 high treason, is a gov
eminent to which submission is equivalent to
to impress dependent communities with such an
idea.
We are indeed, in all disputes with the colonies
by the necessity of things the judge. 1t is true,
sir. But confess, that the character of Judge in
my own cause, is thing that frishtens me. In
stead of filling me with pride, / am exceedingly
humbled by il. | cannot proceed with a STERN
assured, judicial confidence until find myself in
something more like judicial character. | must
h,.o 10 I IL
to recollect that, in my little reading upon such
contests as these, the sense Of mankind has, at
least as often decided against the superior as the
subordinate power. Sir, let me add too that the
OisiniOn OF my having some abstract right in my
favo- Sould not put me much at my ease in pass
ing sentence. cnless ! could be sure, that there
were no rights wi;~n n their exercise under Ger
tain circumstances, ere Eat he most odous of
all wrongs, and the most vexatioGs ia all injustice
Sir, these considerations have great WSssSt with
me, when find things so cirrums,anced, tina:
see the same party, at once civil litisant against
me IN point OF right, and culprit before me;
while sit criminal Judge, on acts of his, whose
moral quality Is to he decided upon the merits Of
that very litigation. Men are every now and then
put, 10y the completely ef human affairs, into
strange situations; but justice is the same let the
judge he in what situation he will
There is, Sir, also a circumstance which con-
vinces me that this mode of criminal proceeding
is not lat least in the present stage of our con-
test altogether expedient; which is nothing less
than the conduct of those very persons who ha We
seemed to adopt that mode, by lately declaring a
rebellion IN Massachusetts, Bay, as they had fer
merly addressed to have traitors brought hither
under an act of Henry the Eighth, for trial. For
though rebellion is declared il is not proceeded
against as such; nor have any steps been taken
towards the apprehension conviction of any in
dvidual offender, either on our late or former adj
dress; but modes of public coercion have been
adopted, and such as have much more resem-
blance to a sort of qualified hostility towards an
independent power than the punishment of rebel
lous subjects. All this seems rather inconsist-
ent; but it shews how difficult il is to apply these
iuridical ideas to our present case.
In this situation let US seriously and coolly pom
der. What is it we have got by all our menaces,
which have been many and furiOusl What adj
vantage have we derived from the penal laws we
have passed, and which, for time, have been Sc
we're and numerousl WHAT advances have we
made toward our object, BY the sending of a
force, which, by land and sea, is no contemplate
strength Has the disorder abatedg Nothing
less. When | see things IN this situation, after
such confident hopes. such bold promises, and
active exertiOns, / cannot, for my life, avoid
a suspicion that the plan itself is not correctly
right.
But the colonies will 90 further Alas alas
when will this specializing against fact and rea-
son endg What will quiet these panic fears which
We entertain Of the hostile effect Of concilia-
tory conduct? Is il true that no case can exist,
in which it is proper for the sovereign to accede
to the desires of his discontinued suiyjectsl Is
there anything peculiar in this case, to make
rule for itselfl Is all authority of course lost,
when it is not pushed to the extremeZ Is il a
certain maxim, that, the fewer causes of diSsatis-
faction are left by government, the more the sub
ject will be inclined to resist and rebell
All government, indeed every human benefit
and enjoyment, every virtue, and every prudent
act, is founded on compromise and barter. We
balance Inconvenience; We give and take; We
remit some rights that we may enjoy Others; and,
we choose rather to be happy citizens, than subtle
disputants. As we must give way 10 some natu-
raj liberty, to enjoy civil advantages; so we must
sacrifice some civil liberties, for the advantages
to be derived from the communion and fellow
ship of great empire. But in all fair dealings
the thing bought must bear some proportion to
the price paid.
From this day forward the empire is never to
know an hours tranquility An intestine fire
will be kept alive in the bowels of the colonies,
which one time or another must consume this
whole empire.
DEATH OF HoN. QUISToS LoMAx.-The Orange
County Eagle contains the following notice of the
death of Senator LoMAx:
Died, at his residence, in this county, on the
9Th day of August, 1861, Hon. Quinton Lonax,
of nervous debility. in the 55th year of his age.
He was born in the State of Tennessee, and emi-
grated tn Indiana In 1915 He filled many town.
ship, county and military Offices, and acquitted
himself with credit He was the Senator of the
counties of Crawford and Orange-served four
s.-:.... L..