Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1862-10-11
From the New York Journal Of Commerce.
Tbe Goverufueut

Constitution We may conquer the rebellion,
may crush all our enemies, and if come
out of the war a people without constitutional
government, we shall have to repent in long
shame and sorrow the loss OF the greatest of po
htical blessings.
Keep before the people ALWAYS the grand prin
ciples on which the Fathers formed the Union
Let neither the excitements of war, nor the folly
OF political campaign, blind US to our grand
creed OF Union aud Government.
In the contest now going on for the political
power in New York, there is at stake principle
on which rests the entire fabric of American in
situations. Ii the radical party is successful, the
blow struck at the Constitution will be fatal. 1t
the conservative party is successful, the grand old
instrument will be strengthened. and it, lite will
be ensured, we trust, for "A thousand wears.
The radical principle is this: 1.-The Govern
ment Is he Administration. The power of the
Government resides in the President and Con-
gress. and the President in time of war. possesses
it all. He may. for war purposes, exercise abso-
Lutte power over the persons and property of all
citizens in the loyal well the rebellious dis
tricls He is superior to the Supreme Court of
the United States, and the judgments of that
Court may be suspended by the will of the Pres
dent"
The conservative and constitutional doctrine,
on the contrary, is this: The Constitution of the
United States is the Government Ii creates
three independent departments of the Govern
ment Article |. creates the Legislative Depart
ment, and confers the Legislative power. Article
III. creates the Executive Department, and con-
fers the Executive power. Article III. creates
the Judicial Department, and confers the Judi
cial power These three departments and classes
OF persons. must be independent OF each other in
order TO the perfect system of American Govern
ment The President can not suspend Congress;
the Supreme Court can not control the President:
neither Congress nor the President can control
the Supreme Court, long as the great system
iulflls It's functions. The Supreme Court has the
power of calling on the citizens To execute its
mandates, the President has the power of calling
on the citizens to execute such orders as are pro-
vded by law, and Congress has the pow er of call
ing on the ,itlZens 10 execute It's enactmelts.
The Executive Department is inferior 10 the 9th
or Departments, IN as much a. most of its func-
tons depend OH the previous acts of Congress,
and its independent powers few. But the
only method by which the perfect working OF the
system Is attained, is found in the words of Wash
ngton himself
1T is important, likewise, that the habits of
thinking, in free country, should inspire caution
IN those intrusted with its administration. to con-
fine themselves in their respective constitutional
heres. avoiding. in the exercise of the powers of
one department, TO encroachment upon another.
The spirit OF encrOachment tends to consolidate
the powers OF all the departments in one and
thus to create, whatever the form of govern
ment. real despotism just estimate of that
love of power and prOneness to abuse it, which
predominant in the human heart. is sufficient to
satisfy of the truth OF this position. The ne
cesslty OF reciprocal checks in the exercise of 20
litica power, by dividing and distributing it into
different repositories, and constituting each the
guardian OF the public veal against invasiOns BY
the a. hers has hp..u owl cal nv
cient and modern; some of them in our country.
and under our own eyes. To preserve them must
he necessary To institute them. Ii, IN the
opinion OF the people, the distribution or modii-
cation of the constitutional powers be in any par
ticuar wrong. let il be corrected by an amend
ment in the WAY which the Constitution desig
mates But let there be no change by 'lSurpa
ton; for though this in one instance may be
the Instrument OF good, it is the customary
weapon by which free governments are destroy
Ell. -FGTetceH address
The more we study that grand legacy of
Washington. the Farewell Address, the more we
must be impressed with its clear prophetic wis
dom. There is no trial through which We have
been called To pass which not foreseeD 10y
tie Patriot Father, and which might not have
been ayerted by strict adherence to his cOun-
sells
Let Us look this suggestion of possible danger
in the face, and apply the warning he gives to
our own present condition, before it i too late to
avert the consequences which Washington so
plainly and 30 CONSIDERABLY depicts.
The position taken by the conservative party
in this State on the general subject of the arrests
of citizens heretofore made by the Administra-
tlUn in loyal States, and their incarceration with
out the benefit of the habeaS corpus, Is very re-
markable point in our national history Hitherto
there have been differences of opinion TO the
unconstitutionaty OF acts of Congress, and
these differences have always been settled by
the constitutional authority. the Supreme Court
of the United States IL has so happened, there
fore. that the people of the United States have
never been called on To pass jsdgmen at the
polls for or against the Administration. on
question relating the relative constitutional
powers OF the President and the Supreme Court
The peculiarly of the present difference l. tins
that the radical wing OF the dominant party have
rejected the authority of the Supreme Court and
declared il not entitled To respect when its deciS
cisions cOn.rOverted their peculiar ideas the
slavery or on any other question. They devoted
themselves 80 thorough, To the overthrow of con
hdence in the Court that it has ceased TO be re
garded among them a. the great Interpreter of
tie Consultations; on the contrary, the principle
has been nduStriOusly incucated that the Court
needed political reform and 10 crafty the views
taken 10y a political party, il determined as
one OF the party principles, that when they OBJ
tanned pow e. they should remodel the Supreme
Court of the United States. place Judges in il
who would interpreted the Constitution according
10 the higher law. some other political notion
AMI who should obey the dictates of party rule
We state the case celriv without mncing words
THIS the proposition in its nakei deformitv
The radical men denounced the Court because il
refused TO decide the law according 10 radical no.
lions and cunsirue the Constitution in taN or of
the Abolition view Ii precisely the same
radical doctrine which adopted in England ia
times when Judges were depo>ed tor not con
demning obnoxious persons. and when they we're
appointed 10 u>e the courts for the purpose of the
dominant power SO important was this change
in the cour; deemed that il was manifest 10 all
who gave the subject thought. that if the Repub
h.an party OOt,ined power the Supreme Court
could no longer he relied on as the de. ender of
right against oppression
Mr. Lincoln in his inaugural address. took &C
ca~ion 10 express his views of the authority of
the court, and TO intimate that he was not likely
10 be bound by it, decisions except in the paricu-
lar cases which were decided. This was unfortu-
nate IN view of the occurrences which took place
aiterward. since il was all done aad said without
the idea that the nation about Ia pluige into
civil war When that came on. and the PTe~i-
dent authorized the arrests Of citizens IN LOYAL
States and directed Officers disregard the writ
OF htbeis corpus IN certain Cases. on the ground
that he had power to suspend the privilege OF the
writ. the question which presented Itself TO the