Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1862-10-13

Washington, the Farewell Address the more
must be impressed with its clear prophetic wis
dom. There is no trial through which We have
been called to pass which not foreseen by
the Patriot Father. and which might not have
been averted bv strict adherence to his coun-
sells.
Let us look this suggestion Of possible danger
in the face, and apply the warning he gives us to
our own present condition, before il is too late TO
avert the consequences which Washington so
plainly and so considerably depicts.
The position taken By the conservative party
in this State the general subject of the
of citizens heretofore made by the Administra-
ton in loyal States, and their incarceration with
out the benefit of the habeas corpus is a very re-
markable point in our national history. Hitherto
there have been differences of opinion rs to the
unc0nstitutionality of acts of Congress. and
these differences have always been settled by
the constitutional authority, the Supreme Court
Of the United States. Ii has so happened there
fore, that the people of the United States have
never been called on to pass Judgment at the
polls for or against the Administration, on a
question relating to the relative constitutional
powers of the President and the Supreme Court
The popularity of the present difference is this
that the radical wing of the dominant party have
rejected the authority of the Supreme Court, and
declared II not entitled TO respect when its decis
cisons controverted their peculiar ideas on the
slavery or on any other question. They devoted
themselves so thoroughly to the overthrow of con-
6dence in the Court that it has ceased to be re-
garded among them as the great interpreter of
the Constitution; on the contrary the principle
has been industriously inculcated that the Court
needed political reform, and to crafty the We've
taken by political party, il was determined as
one of the party principles, that when they OBJ
tanned power they should remodel the Supreme
Court of the United States. place Judges in it
who would interpreted the Constitution according
HIGHER Or oil
and who should obey the dictates of party rule
We state the case clearly without mincing words
This was the proposition in its naked deformity
The radical men denounced the Court because il
refused decide the Law according to radical no.
tons and consirue the Constitution in favor of
the Abolition view. Il WAS precisely the same
radical doctrine which was adopted in England in
times when Judges were depOsed for not con-
demning obnoxious persons. aud when they we're
appointed TO the courts for the purpose of the
dominant power SO important was this change
in the court deemed that il was manifest to all
who gave the subject thought. that if the Repub
litan party obtained power the Supreme Court
could no longer be relied on as the defender Of
right against oppression
Mr.. Lincoln in his inaugural address, took oc-
casion to express his views of the authority Of
the court, and TO intimate that he was not likely
10 be bound by its decisions except in the lartcu-
lar cases which were decided This was unfortu-
nate, in view Of me occurrences which took place
afterward, since it all done and said without
the idea that the nation was about to pludge into
civil When that came on and the Presi
dent authorized the arrests of citizens i'm loval
States, and directed officers To disregard the writ
OF habels 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
American citizen was one OF great moment. For
if the Supreme Court were not only not to be re-
I .lr9. a. -.
under the Constitution, but il il is a department
subject TO the Executive and ii the President can
OF his own judgment arrest and imprisOn citizens
and suspend the power of the Supreme Court over
them by the writ of deliyeIance without an act Of
Congress or the voice of the people, then il is
sadly apparent that there is terrible in
the construction of our free institutions. For it
may occur again in times of less excitement than
the present
Thus, for example. an instruction in New
/ DREAMS, local and temporary, would be an ample
justification of the suspension of the writ of habeas
corpus in Maine or New York, and the seizure
OF suspected or offensive parties by the President,
according to the Republican and Administration
doctrine. A riot in New York would confer no
solute power on the President over all citizens
everywhere. For it is to be observed that the
new doctrine is that the President is the sole
| Judge OF when the public safety requires the
pension. Invasion Instruction anywhere,
Immediately confers on the President the absolute
power, and il follows part of the new doc
trine that there is no appeal from his judgment.
/ He is supreme since he holds the power I'm his
hands, and the supremacy is asserted against and
over the Court. There is no method of trying
this question, therefore, by the courts. For,
/ however often the Supreme Court o! the United
| States should affirm the doctrine already laid
down by several of the most eminent of its men,
| bers-a doctrine which scarcely lawyer to day
I 4 i II
| the writ OF habeas corpus, and that Congress
alone can do it, the affrmance is of no value
since the doctrine of the Administration is, that
the President shall not obey the decisions of the
| Supreme Court, and the practice in the cases
arising out of this question is to command the
military power to resist the courts and not obey
| them.
In short, the decision is a direct one betM cen
the Administration and the Supreme Court. And
here readers will see the great importance Of
| the distinction between the Administration and
the Government The Court is one of the grand
departments and parts of the Government. Ii is
an Independent power It's special duty is to
fulfill that part of the Constitution which declares
its object to be to insure justice. But the Exec
/ utive DepaI tment Is in collision with the
Judicial Department. What is left to be done
by the peopleg
The answer is that the people must bv their
votes determine this principle and determine it
] forever. If majority of the people are indeed
in favor of the doctrine that IN all times of nsur
reciion or invasion the President NAV exercise
absolute judgment OF the proprety of suspending
the writ of habeas corpus and arrest ami imprisOn
citizens when in his opinion the public safety re-
quires H. then that doctrine must be understood
the American doctrine. But If there is in this
doctrine death blow at liberty. terrible thrust
at the sacred character of our Courts, and the
immunties which the Constitution throws around
the citizen. then it is eminently proper that a
great political and patriotic patty should place il
forward a grand point n their creed and chal-
lenge the Administration and its supporters TO
sustain their views of the Presidents authority at
the polls, and every citizen should vote conscien-
tiously on the subject. IL is no small matter but
the contrary it is trial question OF the purity
and strength of American institutions.
We need not say what our own views are on
this subject. They have been expressed again
and again, calmly aud dispassionately We have
lived to see great change in some opinions on
this subject. The newspapers which year ago
called traitors for advocating the freedom of
the subject. under the jurisdiction of the Courts
wherever the country was ut peace, have with
general uEanmity abandoned their own views
and come to ours. Some of them are most ac-
tive in their arguments against the arrests 9th
ers are silent But we repeat, what we had occa-
sion to say last spring, that we do not know of a
journal in the United States which now defends
or iustifes those arrests
The Administration, however. is understood to
maintain its right TO continue them, and within
three or four weeks past numerous persons have
been consigned to prison the authority of Pro-
vost Marshals or Leffres de c0chef Several writs
of habeas corpus have been granted by different
Judges of the Supreme Court, within brief