Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-03-28

gerous Issue Between the Federal
Government and the People OF a
Sovereign state.


Sovereign state.
feen The \. " York Word. March 81
OF all the issues which government in the
United State raise with the people OF State.
the most delicate and dangerous has Jus, been
raised IN the great Western State OF Illinois A
Judge in the performance Of his judicial duties,
has been arrested under warrant from the W ar
Department. carried ont Of MS own State into
another. and "held to bail" by Major General
in the military service Of the Federal Govern
ment.
The facts in the case seem 20 be few. simple.
aud beyond dispute. While the Circuit Court Of
Clark county, Illinois VAS in session. woman
appeared before Justice Of the Peace and made
oath that two persons from Indiana were attempt
ing To kidnap her son upOn che charge that he was
deserier from The Federal army. The Justice
thereupon issued warrant for the arrest of the
accused persons. They were brought before him.
and, at the request OF their counsel. their case
was carried before the Circuit Court. J dge
Constable Of that court, heard the case IL was
established that commission Was the posses
SION OF the accused authorizing two persons
named "tO arrest deserters' IA certain district
OF the State Of Indiana n was not shown that
the accused we're the two persons named IN this
commission. Upon this. neither the question of
desertiOn nor the persons of any alleged desert
ers being before him, Judge Constable held the
tempted kidnapping in the State Of Illinois
These proceedings having been taken, Major
General Wright. the military commander in the
Indiana district sent "a. officer under bis orders
with force Of two hundred men INTO the State
OF Illinois, arrested Judge Constable. and con
veyed him ont OF the State, to answer 20 the
charge OF "hArboring and projecting deserters-'
We have called this matter the raising Of an
issue between the Federal Government aud the
IL oil
rant the OF stronger language II any Ian
guage could make the niture OF such an outrage
upon all policy and principle more plain than IL
is made by the bare recital of the facts The
courts of law are the one final barrier between
administrative violence and popular passion. To
treat their decisions aud the persons Of the iudci
AIRY with respect j. the only safety Of the Govern
ment against the people. we'll rs of the people
against the Government. IL was said the other
day by Archbishop Hughes. that. however strong
a Government may appear. il j. the weakest thing
in the world, and the remark is one which the
authorities at Washington will do we'll % lay TO
heart.
Government which dsdainsi,s constitutional
connections with the lite OF tie peop'e thereby
throws itself into an attitude IT auagunism with
the people which leaves il entirely dependent for
it, very existence upon its own resources Where
Government can ally itself with any powerful
caste IN the community, with priesthood, per.
panent army. landed aristocracy. IL may occupy
such position rs this in comparative security Tor
n certain time. la our own country the Govern
ment has absolutely no lie ia itself lt has no
reserve of permanent interests % support it, in
dependeuty Of the popular will aud feeling The
officials who administer IL certainly IA liable
To error ~ their fellow citizens. aud the well
known effects OF the possession of little bfiet
authority upon average human nature should
make them even suspect themselves of en in
/ creased and peculiar exposure 90 mistakes. When
they come or bring themselves into collision,
therefore. with individual citizens who raise a
/ legal question OF the propriety OF action, IL
should be their first duty TO see that question re
fern eel To the tribunals which commlnd an obe'li
euce never To be wrung 10y force alone from free
ana high spirited eople
! Ii the Government not utterly infatuated
and reckless IL will recognize at once. and hasten
so far rs lies in its power To repair the DANCE
blunder of it, military representative IN lndiana
/ Such nh invasion of The sword upon the gown i
fire bell in the night" which should rouse the
most minimizing to the pers which mad aud pas
sionate counsels are preparing alike for the PEG
! pie and for the Government.