The daily Evansville journal. (Evansville, Ind.) 1862-1863, 1863-03-05

ties to perform. The duties properly be-
Inging to their Offices are transferred to
the staff officers of the Major General.
1t is possible that in case the Governor
should be drafted into the service of d
Justice of the Peace, he might be au-
| thorized to take his staff officers along,
but as he is made private soldier, his
staff would be more ornamental than
useful.
The whole scope of the bill is to dc.
grade the Executive, and, while leaving
him nominally, as he is by the Consttu-
ton actually, the commander-in-c chief of
| the military forces of the State, it de-
prives him of all power to exercise the
functions conferred upon him by the
organic law 1t gives the Secretary, Au-
ditor and Treasurer of State, and the
Attorney General the appointment of the
Major and Brigadier Generals, and the
custody of the public arms He cannot,
under this bill, in the greatest emer-
gency, furnish arms or subsistence to
corporals guard, nor the smallest article
necessary to the comfort or efficiency of
y soldier. The Legion, organized under
the law of 1861, which has always shown
its readiness to respond to the call of
the Governor when service was required,
is by this law disbanded and disarmed,
and the State is left without an organ
lied company of militia; for the neces-
sity seems so urgent for the destruction
Of the present system that the act is to
take effect from its passage.
But it will be said, "If the law is so
clearly in violation of the Constitution,
Why not leave it to the Courts to so de-
eide it? Independent of the obligation
resting on each member of the Legisla-
ture to judge for himself, under his off
cial oath, whether a proposed enactment
IS violative of the Constitution, there are
sive to our mind:
First, this is not time of peace, in
which months, or years, can be spared, |
waiting the slow movements of Courts to |
settle questions OF this character; but it |
is time of war, when instant energy |
and the concentration of the military |
power of the State in the hands of its |
constitutional chief may be essential to |
save the State from invasion and from
the destruction attendant upon the march
Of hostile armies. Within the last six
months, armed enemies have hovered on
the borders of the State Has any one
that Gov Morton exhibited
Il lack ofenergy in meeting the crisis, or
that the faithful members of the Indiana
Legion, to whom this bill metes out the
punishment of towards and deserters.
we're recreant to duty? No such com
plants are made. Why, then, in this
period ofpublic danger, should the safe
ty OF the lives or property of our people
be put in Jeopardy, whilst the constitu-
of an unnecessary law is being
ediously discussed and slowly elabora-
ed in as many courts as we have
We said we would give two reasons
Hhy this delay should not be allowed, but
40 other will be needed to convince any
;andid mind of the mischief and public
disorder which would follow the enact
nent of such law, and we will not at
present refer to any other. The minori-
y assumed grave responsibility which
should only be embraced in extraordina-
y emergencies, but which has been re-
oeatedly accepted by Democratic minor
ties on questions having no greater pub
ic interest than contested seat IN the
Senate, the passage of an apportionment
aw, or the election of United States
senator. The public judgment will JUS
ify the action of the minority of the
House Of Representatives What they
rave done has been from conviction of
is necessity, and for the defense of the
Constitution and the safety of the State
Nay such necessity not arise again; but
f it should, may it find the faithful and
determined men of the Session of 1868
'eady to meet it.