Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-03-16

10 reject the advice of the spirit of JACKSON be-
cause il was that Of warrior, aud adopt that OF
the .pirit Of JEFrKasoS because il the spirit Of
a statesman. Hence the proclamation emanci-
psting colored Americans OF African descent.
The Arrest OF Judge Constable.
On Saturday we gave the details of the arrest
of Judge CoNsrAsLE. of Illinois Since then we
have learned some of the particulars OF the
Two Sergesnss. representing themselves to be
under the charge OF Captain LIssLEY. stationed
at Teue Hau,e for the purpose Of arres,ing de
serters and sezing United States property. ar
reste'l four men. whom they claimed To bee desert
ers. in Clark county. Illinois. An affidavit was
fled charging the Sergeants with kidnapping
under the laws Of Illinois. and upon this nforma-
ton they were taken in custody. Upon the trial
of the cause before Judge CONSTABLE the follow
ing facts were elected: The accused presented
orders issued by Colonel CARRlSGroN. directing
Captain LINsLEY arrest deserters and seize the
property of the Unitel States in Vigo aud the
surrounding counties in Indiana. This order was
indorsel with the name Of Captain LiNsLEY in a
miserable handwriting. which the Sergeants
claimed was delegation of authority from that
officer them. An order also exhibited
issued by Lac. NOBLE. Adjutant General. under
the direction OF Governor MoRroS. as Commander
ia Chief of the army aud navy of Indiana. dele
eating similar authority to Captain LiSsLEY.
Railroad passes were also shown ms further evil
dence that the Sergeants were empowered to act
in the premises This was all the evidence pre-
scented TO the Court TO show the right of these
men to enter the territory of Illinois aud arrest
her citizens.
The persons claimed and arrested deserters
presented the following facts They had been
captured while within our picket lines near Mem
phis by the Confederate. and were subsequently
paroled by Colonel in that service: they were
transferred To JEFF TuoNrsoS's command in
Arkansas. crossing the Mississippi below Mem
phis, and while under his charge they were taken
To a point just above Cairo aud there released.
From thence they found their way To Clark
county. Concedns this statement to be true.
the Jndge decided that they were construc,ively
deserters for the reason that they had not com
piled with the military regulations in not report
ing to the nearest Federal military post immedi
ately after their release. He also decided that
the Sergean,s had not presented sufficient
thority To arrest parties in Illinois. as Captain
LISsLKy only empowered make such ar
rests in Viso AMI the surrounding counties in
Indiana. Judge CONSTABLE made no order re
leasing deserters. out Stated. aud meant To be
understood. that tie effect of his decision was to
release them. He advised this couI sc to be pur
sued for the purpose of allaying excitement ana
preventing outbreak. but stated at the same
time that they were subject to arrest for their
alleged offense by the Sheriff of the county the
Postmasters and other persons authorized To per
form that service tie held the Sergeants to bail
for $500 for their appearance to answer the or
Tense charged against them. which was given
and they released. An early day was fixed
for the trial aud grand jury was Immediately
empanneled. composed OF members ofdferent
political parties. to investigate the affair.
These the facts in the case briefly recapit-
ulated. The Judge decided the upon the
evidence presented. The Sergeants showed no
authority persons in Illinois Under the
laws OF that State, parties making Unauthorized
arrests deemed guilty OF kidnapping Grim
inal oflen-e A conscientious judge. sworn to
support The Constitution OF the State and its laws
could only follow the path of duty. which he un
douhiedly thought he was doing.
In his arrest may say the law also vim
dicated. There was no resistance on the part of
Judge CoSsrAsLs or his friends. The party
whom the Republicans charge with being organ
lied to resist the law. submitted to what they re-
garded an unjust arrest because it was made
under the forms OF law or by proper authority.
What Justice ia the arrest of Judge CONSTABLE.
or what good purpose will il serve! As Judge
osseeking or desiringthe responsibility, he dc
eded the case according To law aud the evidence
he decided !, in aecors,ncc with has convictions
oil aay- Suppose be committed an error of
jaSx me"ss Are Judicial officers be subject to
arrest and trisl AZ criminals because their inter
probation OF the law msy ritfcr from ,h,, -, ,hs
ruling po~erf 1.-THE Judiciary is TO be stricken
down Via, protection Is lett for the constitutional
and legal rights Of the ci,izenl
There Is evidence that Judge CossrARI,
Is guilty of any crime against the Governments
There s nothing 10 show that lie intended to re
lease aud harbor de-erters There is nothing to
sho" mat he did otherwise than an upright
and faithful Judge should do We canno, bu;
believe the facts Ia the case have been misreore-
scented " toe authority that ordered his .rras,
And every good eitizes cannot but reear,, +, :.
fragrant outrage. This case should rere;,s. tho
serious thought OF the people. N Judges ,h,
conservators Of Law aud order. are thus to h..
stricken down in the discharge of their duty
v:af b.rrisr A fsft f.r the r,r.,t e~sa, "A "A a..