Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-01-27

although not receiving najority Of the popular
vote. nevertheless legally elected, and appre-
tension Of prospective Unconstitutional action on
hrs part did not warrant the disruption OF the Gov
eminent
iLLE3AL ARTISTS
The war now in progress was with unanimitv.
declared by Congress to be waged on the part Of
lLe -LAllel SIaies, not tor Any pgT1OSe II eoa-
q7res, Or Sut1ucyriJ III overthrow mr. 0- Interfering
with the rights or established institutions Of the
States. but 70 defend and maintain the suprem
acy OF the Constitution and 70 maintain the Union
With the equality and rights of the several States
unimpaired This was the only legitimate pur
pose for which the var could be prosecuted. and,
With this purpose "a view, the people of the loyal
States responded TO the call Of the Government.
In accepting the stern reality Of war Tor the main
tenance OF the Constitution, they had a right 10
expect that their own constitutional privileges
would be respected. They did not expect that.
in order 10 suppress rebellion, the inalienable
Liberties OF loyal citizens must be sacrificed.
They did not expect that the Constitution of the
United States was 80 impotent that It's supremacy
could only be maintained by violation of It's
provisions
Citizens OF this State have been seized without
due process oflaw without the opportunity of in
vestigation before a committing magistrate,
without being confronted by accuser witnesses,
without being informed of the cause OF detention,
and without indictment or trial have been forci-
bly, taken and confined prisoners out OF the
State OF New Jersey Such action is a violation
of the rights of the individual IL demands seri-
Gus consideration. 1t concerns every man in the
community. 1t is the privilege well the
solemn duty of n free people to inquire into any
claim Of power which nfriDges upon the we'll
defined guards of personal liberty.
/ The Constitution of the United States provides
that mo warrant shall issue except upon proba-
bic cause, supported by oath or affirmstion;"
THAT mo person shall be deprived Of his lite lib
erty or property. without due process OF law"
aud that 1.-The accused shall enjoy the right to a
speedy and public trial by an impartial Jury of the
State and district where the crime shall have
been committed, and to be informed of the ma
ture and cause of the accusation, and to be con
frontcd by the witnesses against him"
PERSONAL LIBERTY AN ABSOLUTE RIGHT.
Personal liberty i one of the absolute rights
J of men Its protection is one OF The primary ob
| jects OF government. Under our system courts
of law are established 10 try criminals OF every
grade The Federal and State courts, having
their defined and proper jurisdiction, have con
tinualy been accessible. The law points out
| the mode OF proceeding against the alleged of
| tender and whatever may be the nature OF the
crime. the courts in New jersey will fairly inves-
tigate the charge and punish the criminal, if le-
gally convicted Ii any citizen of New Jersey
be guilty OF the high crime OF treason let him be
punished but his guilt should be established by
the same Judicial means that the law awards 20
the meanest culprit
! THE RIGHTS OF NEW JERSEY TO BIZ PROTECTED.
Whatever legal and constitutional powers are
vested in the Executive OF New jersey, for the
protection oil the lawful lights of the citizens of
the State will be exercised during my admins
tration. 1t cannot be that these arbitrary arrests
OF citizens, without due process, and imprison-
ments beyond the jurisdiction. are localized 10y
virtue OF authority emanating from any civil
magistrate. Neither can they be justified be
cause OF any power flowing from military com
mander; for the persons arrested were not in the
military service, and therefore not subject to
| what is termed military law, and it Is a clear
principle that what is called martial law cannot
rightiuly extend beyond the field OF active ope
rations OF the commander.
HABEAs CORPUS
But illegal arrests would not have been as op
pressive if the privileges of the writ of habeas
corpus had remained inyiolate, for, in such case
| the Imprisonment, il unla wful, would have been
but temporary. The suspension OF that writ
caused the term OF imprisonment to depend upon
the will of the person who commanded the
rest There is no doubt but that the writ of
nabeas corpus. may be suspended in of
rebellion or invasion If the public safety require
it. But il IS Of vital importance TO the people to
know by what power the privileges of this great
| writ can be suspended, ard at whose will their
Liberties are held. The power to suspend the
writ OF habeas corpus exists in the legislative
AMI not in the executive branch of Government
Such has been the course OF judicial opinion
both in England and America. In our National
| Constitution the provision IN reference To the
suspension of the writ is enumerated among the
powers delegated To Congress The representa-
tives, coming from every State and district and
more Immediately representing the people, are to
decide when public safety requires Its suspen-
| sion.
THE WRIT INTENDED TO BE A PROTECTION AGAINST
! EXECUTIVE POWER
/ If it had been intended that this great power
over the liberty of millions should be deposited
| in the breast OF one individual, it would lave
been 20 stated III the Constitution in express
terms The writ, in its origin, was intended TO
relieve from the abuse of Executive power. and it
would be palpable absurdty to vest the Suspen-
sion OF IFS operation III that department OF GOV
eminent. the action OF winch it was designed TO
review and restrain IL j. is much departure
from the Constitution, and almost as dangerous
in It's tendency-ior one department OF the Gov
eminent 10 infringe upon the province aud assume
the powers delegated 10 another department ~
IL Il To u,urp powers that have never passed from
the people.
THE WAR POWER DOES NOT SUSPEND THE cONsTI-
TUITION.
In the absence OF other authority to Justify
these arrests, Imprisonment and denial Of the
writ at Aabeas corpus, new power has been iii
voked iamiliarly called the war mower OF mill
taty necessity. lt is claimed that tD> power
oyerrides all Others, and vests ~ The ExecuiiVe
OF government in time OF war the right. as mil
ltary COMMANDER, to 90. in any part OF the couu-
try. ANYTHING which he NAV think will best sub
due the enemy. THIS power, a. claimei, virtu-
ally susqend> the Constitution III time of war. 1t
ignores ali branches of the Government exeep;
the Executive. By it Congress cnn be dissolved
at pleasure, and the Courts can be suspended
By Il every member of Congress and every J ud.e
in the land can be imprisoned, it it be thOug mt
the best means 70 subdue tie enemy. BY 1t the
vaults ST the banks be entered. anc the treas
ure taken thereirom without pledge OF payment
or return of money. at the time beng considered
limited only by the will and discretion of him
who exercises II, there is conceivable form of
Outrage upon individual rights public interests
that cannot he perpe;rated under H.
All Legitimate war power Is subordinate 20 the
Constitution Any other doctrine would give to
ono man, IN time OF War, power co extensive with
his wIi-or IN other words. despotc power
The motives with which this power may be
used are various Suppose the motive good in
one Executive, = there any security that the mo
tive OF another will be purer Asaia: the motive
may oe pure, ami yet there NAV be a radical error
. o. Judgment. But not now discussing
, motives IL against the prncille protest