Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-06-22
The Presidents Justification of th g
Exercise of Arbitrary power.


Exercise OF Arbitrary Power.
We reproduce this morning from the Louis
vile Journal AN able review OF President LIN
coins letter. in response to the Albany meeting,
from the pen Of Judge NICHOLAS. of Kentucky
We concur with the Journal IN saving that 1.-The
review. which il marked by the learning and
ability characteristic of the distinguished author,
will be read with deep interest by rejecting
patriots Its coniutation of the Presidents ar
gument /, in our opinion thorough and decisive "
We regard the arguments of the President "a
the most dangerous hereses ever uttered by any
OF our public men. They are the more danger
ous because the sentiments he utters specous
and plausible and have the sanction of high
official position For these reasons trust the
review of Judge NICHOLAS will be perused with
thst care aud consideration which its merits
deserve
Tae President in his letter remarks that prior
to NV installation here il had been incucatei
th,t any State had lawful right to secede from
the National Union" This is true, bu, no one
- taore responsible for the inculc ,tion of that
sentiment than Mr. LiScoLv himself Previous
10 his installation "a President he fully indorsed
the doctrine THAT any State had right To secede
from the National Union" Hereis what lie SAID
while member OF Congress. " hch we quote
from the Congressional Globe:
Any people. anywhere being inclined and
having the power. have the right to raise up and
shske of the existing Government, and
form few thtt suits them better
Thus - most valuable. most sacred ght
which we hope and believe is TO liberrfe the
world Nor i this right confined to eases in
which the whole people of an existing govern
uient choose to exercise it ANY oriion of
such people thtt can. m " rev0 uti0n II. putting
dawn minority. interIningled with = nenr about
thegi. who may oppose their movements. Such
minority wls precisely the ease oi the torres of
our revolution Il is quality Of revolutions not
To 20 b. old lines. or old laws. bur To break up
both and mike
II this passage does not read like justification
in advance of the purposes aud acts OF the States
now in arms against the Union. the language
fails - properly express the speakers sentiments.
The President is equally unfortunate in refer
ring to the example Of General Jackson to Justly
his argument \ contemporary foreby remarks
upon this point:
President Lincoln'- alluson Ia the action of
Geu jackson n New Orleans A. "an in>tan OF
pertinent history - ANYTHING but fortunate ~
far az a Justification of hi> position i con
eerneI tseu ia k-ou military commander
at the heaa oi ~ army N heleaguered cit,, and
first declared martial low. AMI only within the
limits Of hi camp. before he asserted po~er
above the Judiciary AMI he PRESIDENT remark
th,, he maint,ined marital law alter tcouid lie
said that the wsr over" wifh''t further ex
plantipn 81 the situation. - worihs ct "A etti-
h-eer Who attempts To eeeiVe While pretending
to he hottest md ingenious True the wr WIS
over. and peace had been concluded but General
Jackson I'D ofiic i know edge ct the f,ct; aud
he was manaced Nv the enemy Just rs much until
the efiiei'i Information wa~ promulgated he
hid been before These Important facts Mr.
Lincoln i very careful not 10 give
Bat IT, very point which the President seeks
70 make hv citiag Gen Jackson Turns against
himself. What lie assumes IA a In tae peaceful
Ssste of Ohio. Gen Jackson did attempt 10
do even ~ the belea -uereJ city of NeW Ore ,nS
Before Assuming de>,ete power jackson cum
plis,l With an Indispensable necessary precedent
condition. the declsrati'n Of mtrti,l law Mr.
Lincoln claims TIE power 20 ply the lespOi with
out declaration of martial ltw and pls,ins
the petti'ogser again. Tugs N the name OF Judge
Douglas 70 sustain his etetsions. hut At the
same time ftils TO give the grouni taken nv the
lamentei statesman. The deUate 10 which refer
ence ! made WIS mainly upon the question 70
Gen JsckSon's ti-h 70 declare srtisl law. the
Dem rais claiming, as they noS eluceie such
right when the military exigencies within an
insure. tsonary district reaier =; .b>olafelv
slry. lie Oh o. ton 90 tie Dempcfacy argued
against the right OF any military commauier u
do =, This Wis tie oily CONSTITUTIONAL cues
ton involved ard on this Nr Douglas sui:
- The defense of the lives and liberties of the
people. we'll A. their property, ben. All ~.
trs-tssl sac discretion ol the cs,rnr, tus.ii,-
genera. i became hs duty 10 de- re m trti i
Nv i ne necessity 81 the sc required n II
il bcctme necessary To blow upa fort ne Wa
authonzei % 10 &C: il il became necessary t.
burn vesse be was authorized 90 ia H. aud il
IL became ne essary - burn a city. he wts au
thor zed . d. i. The necessity OF the case VS.
the 10 u govern him. and be- on his feSpou-i
lty. must judge ct the existence a. thst neccs
sitv Il -. the hr-f law ct nature which ga
ihg ~ mia = .e'eni bis o.n per-ou sn1 his
vie 81 ~ cin'..ren IS 10 hlztras L ~ titt
lss abch suia1si1ei Tia, bads {, reael sssses
sin aniu-uIt. aud pr3fec, it-el. r., tie exercise
OF - legislative Functions. ani L 49, thd law
winch auth0Fzel courts of ja-sice 20 defend
th=aselve- and punish for eoafemats lie &c
kigs gel tiftt fhs was a b III h4nlsd Al
oe-p9tie y.ser--0ns that sssepl3 ~ be exert fe.l
waen aecesssfv. AMI winch ceased ehen she
necessii, h1u-er existed Such va ihe er
unfler wnira Gee. Jackson declared MARTA. Law
a. Ne~ Orleans"