Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1863-03-30

The Arrest of Judge Constabls-A Dan
and the People of N
Sovereign state.
Iron the New York Word, March 81
OF all the issues which a government in the
United States eau raise with the people of a State.
the most delicate and dangerous has just been
raised in the great Western State OF Illinois a
Judge, in the performance of his judicial duties,
has been arrested under "A warrant from the War
Department, carried out of his own State into
another, and she'd to bail" by a Major General
in the military service of the Federal Govern
ment.
The facts in the case seem to be few. simple.
and beyond dispute. While the Circuit Court of
Clark county, Illinois, was in session. a woman
appeared before a Justice of the Peace and made
oath that two persons from Indiana were attempt
ing to kidnapher son upon the charge that he was
a deSerter from the Federal army. The Justice
rhereupon issued a 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. Jrdge
Constable. of that court, heard the case. 1t was
established that a commission was in the posses
sion of the accused authorizing two persons
named "to arrest deserters" i'm a certain district
of the State of Indiana. 1t was not shown that
the accused were the two persons named in this
commission. Upon this. neither the question OF
d~esertion nor the persons of any alleged desert
ers being before him. Judge Constable held The
accused to bail. TO answer for the crime of at
tempted kidnapping in the State of Illinois.
These proceedings having been taken, Major
General Wright, the military commander in the
Indiana district, sen; az. officer under his orders
with a force of two hundred men into the State
of Illinois, arrested Judge Constable, and con
veyed him out of the State, to answer TO the
charge of '.harboring and protecting deserters. y
We have called this matter the raising of an
issue between the Federal Government and the
people of n sovereign State. 1t might well war
rant the use OF stronger language if any Ian
guage could make the nature of such an outrage
upon all policy and principle more plain than i
is made by the bare recital of the facts. Tht
courts of law are the one final barrier between
administrative violence and popular passion. To
treat their decisions and the persons of the iudici
airy with respect is the only safety OF the Govern
ment against the people, as well as of the people
against the Government. 1t was said the othe
day by Archbishop Hughes, that, however strons
a Government may appear. it is the weakest thin.
in the world; and the remark is one which thu
authorities at Washington will do well to lay Il
heart.
A Government which disdains its constitutions
connections with the lie of tie people thereb.
throws itself into an attitude of antagonism wit
III DCOluCs HlaNb WV Z IL III IBCnaS ~
its very existence upon its own resources. Wher
a Government can ally itself with any powerful
caste in the community, with IA priesthood, a per
manent army, a landed aTistocracy, it may occup
such a position as this in comparative security 70
a certain time. In our own country the Govern
ment has absolutely no life in itself. 1t has m
reserve of permanent interests to support it. in
dependently of the popular will and feeling. Th
officials who administer it are certainly as liabl
to error as their fellow -citizens, and the we
known effects of the possession of a ''little brie
authority" upon average human nature shout
make them even suspect themselves of an in
creased and peculiar exposure to mistakes. Whe
they come or bring themselves into collision
therefore, with individual citizens who raise
legal question of the ~propriety of action,
should be their first duty To see that question n
ferred to the tribunals which command an obed
ence never to he wrung by force alone from a fre
and high spirited people.
IL the Government is not utterly i~nfatuate
and reckless, it will recognize at once. and hasteI
so far as lies in its power, TO repair thedangeroE
blunder Of its military representative IN Indians
Such an invasion of the sword upon the gown
n 'fire-bell in the night" which should rouse Il
most unthinking to the perils which mad and pa
sionate counsels are preparing alike for the PEE
pie and for the Government.