The Plymouth weekly Democrat. (Plymouth, Ind.) 1860-1869, 1863-04-02

| LIE ARREST OF 81 I DGE OokSTABLE.-OI
all the issues which government in the
United States can raise with the people OF
State, the most delicate and DANCE rous
has just been raised in the great western
State of Illinois. A Judge. in the perform
ance of his judicial duties, has been ar
rested under warrant from the War De.
partment; carried out Of his own State INTO
another, and held to bail by Major Gen.
eral in the military service Of the Federal
government.
The facts in the case seem to be few,
simple and beyond dispute. While the Cir
cult Court of Clark County, ia Illinois, was
ir session. womao appeared before JUS
tice Of the Peace and made oath that two
persons from Indiana were attempting to
kidnap her son, upon the charge that he
was desertcr from the Federal army
The Justice thereupon issued warrant for
the arrest of the accused persons. They
were brought before him, aud at the re-
quest Of their counsel, their case was car
ried before the Circuit Court. Judge Con-
stable, of that Court. heard the cause. Ii
was IS ablished that commission
was in the possession of the accused
authorizing two persons named "to
arrest deserters' in certain district in In
diana 1t was not shown that the accused
were the two persons named in this com
mission. Upon this, neither the question Of
desertion nor the. persons of any alleged
desertion being before him. Judge Consta-
ble held the accused to bail to answer for
the crime of attempted kidnapping in tie
State of Illinois.
These proceedings having been taken,
Major General Wright, military command
er in the Indiana district, sent an officer
under his orders with q force of two hun.
dred men into the State of Illinois: arrest
ed Judge Constable, and conveyed him
ont of the State, to answer to the charge of
protecting deserters."
I've have called this matter the rails
ing Of ALI issue between the Federal Gov
ernmant and the people of sovereign
State 1t might well warrant the use of
.sir, niger language if any language could
make the nature Of such an outrage up
on all policy and principle more plain than
it is made by the bare recital Of the facts.
The courts oflaw are the one final barrier
between administrative violence and pop
ular passion. To treat their decisions and
the persons of the judiciary with respect
is the only safety of the government against
the people as well as the people against
the government. l. was said the other
day by Archbishop Hughes that. howev
er strong government may appear, it is
the weakest thing in the wrold; and the re-
mark is one which the, authorities at
Washington will do well to lay to heart.
A government which disdains lis constiiu-
tional connections with the life of the peo-
pie thereby throws itself into an attitude Of
sntagonism with the people which leaves it
entirely dependent for its very existence
upon its owu resources. Where a govern
ment can ally itself with any powerful
caste in the community, with priest hood,
a permanent army, a landed aristocracy, it
may occnpy such position as this in COM
parative security for certain time. La
our own country the government has ab-
solutely no life in itself. Ii has no reserve
of permanent interests to support ii, inde-
pcndently of the popular: will and feeling.
The officials who administer it are certain
ly as liable TO error as their fellow citizens,
and the well known effects of the posses
sion OF "little brief authority" upon av
ei age hAman nature should make them
even suspect themselves of an increased
and peculiar exposure to mistakes. When
they come or bring themselves into colls
ion, therefore, with individual citizens who
raise legal question referred TO the tri-
bunals which command an obedience new
er to be wrung by force alone from tree
snd high spirited people.
If the government Is not utterly infa,u
ated and reckless, and it will recognize at
once, and hasten, so lar as lies in its power,
to repair the dangerous blunder of its mill
taIy representative in Indiana. Such an
invasion of the sword upon the gown is
''lire bell in the night" which should
rouse the most unshinking to the perils
which mad and passionate counsels are
preparing alike for the people and for the
government.