Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1863-03-30
From the spsogheid QnI) Register, March %.
military De~sDofIsm i'm sflInois-CiyII
Law Superseded-The Case of Lieu
tenant Dustin.

From the spsogheld Ql) Register, March %.
Military DesDotism in tfIInofs-ciyii
Law Superseded-The Case of Lieu
tenant Dustin.
On Saturday evening. Colonel Lynch. com
mandant at Camp Butler, came into town on a
special train, with three companies of soldiers,
proceeded 10 the counts Jail, and demanded Of the
Jailer the person of Lieutenant Dustin, there con-
fined ON a charge of murder. The Sheriff of
Sangamon county, being present, demanded his
authority for taking the prisoner. Lynch said he
had a telegraphic dispatch from General Wright.
commander Of this military department, ordering
the release of the prisoner. TIE Sheriff asked
for a copy of the dispatch, and was told he could
not have il. Colonel Lynch's orders being chilli
tary The Sheriff replied that. if the prisoner
was taken from his custody, it must be by force
ard against his protest.
Colonel Lynch said he had come to take him,
and would do so. having the necessary military
force at hand ThejaiI was then in possession of
the ~so.diery. The prisoner wasataken, without
resistance other than we have stated, Colonel
Lynch on demand of the Sheriff, leaving with
the latter the following paper:
"SPRISGFIELD, March 81, 1863.
'1n accordance with instructions, | have this
day taken from the custody of Sheriff Hicks the
person of Lieut.. Emery p. Dustin. of 5Sth Hi
nois infantry. W. s. LYNCH,
"Col. 56th Illinois infantry. com'd'g post at Camp
Butler, Ill"
During the day, as had been previously inti-
mated by the Illinois Journal, a writ of habeas
corpus had been served on the county iaiier for
the person of Lieut.. Dustin by a military officer
from Camp Butler, and witnesses had been sub
ponaed to appear at Bloomington, where the
case was to have been taken, before Judge Davis
or Judge Scott; it having been arranged that the
prisoner and the witnesses subpenaed should be
taken up to Bloomington that evening.
So il will he seen by the proceedings Of Satur-
day evening that the Illinois Journals statement
that the military force was here. on Wednesday
night and Thursday, to preserve the peace OF the
town, and not to take the prisoner, by military
force. from the civil authorities, is no proven TO
be false. Col. Lynch obtained higher authority
for his then proposed action. and the seizure has
been made.
We are led to hope that the circumstances of
the case and the position of the prisoner. held as
he was. were misrepresented to General Wright,
and hence his order. If he has directed the action
Of Colonel Lynch, under full understanding of the
faces. then we are to understand that the civil law
of the State, so far ms offenSes committed by sol
diers are concerned, is suspended, and that men
in the military service can shot, cut, slay, and
kill ut pleasure, being amenable only to a court
composed of those who are now claimed to be
invested with this "inestimable privilege" 1t
will be a question, too, whether other than a mil
itary posse has a right even to arrest culDrits,
that they may be brought before a military tri-
bunal.
The spirit which actuated hose who had charge
Of the force which took the prisoner back to the
camp, and the probability that justice may be
rendered at their hands, may be inferred from the
fact that the prisoner, charged with murder, was
crowned with ii garland of flowers, and a salute
triumph was fred at the depot to testify their
exultation over the fact that the civil authorities,
! Mt the point of the bayonet. were forced to sue
cumb to the military.
Gov. Yates knew whereof he wrote, a year
ago. when he declared it was the intention of the
rulers at Washington TO set up a military despot-
ism. 1t is upon us Constitution, law, and pub
lie aud private rights, are irampled under foot,
: and the law of military force is the law of the
land. And we have men among us, so blinded
2 by partisan bigoiry and prejudice. so ignorant
; that they are enamored OF the web of tyranny
which is weaving about themselves in common
with all other freemen; and others, whose venali-
E ty impels them to Endorsement and approval OF
any act. however malicious. corrupt, or tyrannic-
al, on the part of those who fill their pockets,
who hail this outrage upon liberty and law as one
+, worthy Of the highest commendation Such men
! are only worthy to be slaves with the sable OBJ
jccts of their partisan idolatry.
As to the prisoner forcibly taken from the civil
authorities, and the crime laid ut his door, we
' hope, as sincerely ~ any. that "A fair and impair
; tial trial may show him tn he guiltless of the HON
icide other than in self defence. But this has no
{ bearing, pro or con, upon the military act, which
4 unerringly points the people of Illinois to the
fact that the sovereignty of their State. the sane
THY of their Constitution and laws, and their indi
yidual rights guaranteed thereby, are among the
$ things that were.