New Oregon plaindealer. (New Oregon, Iowa) 1859-1866, 1863-04-03
TIE REASON WHY.

ASH'.NSOt~ w II
Our usually courteous nei ghbor of the Re-
public undertakes to be captious instead of
argumentatve, ever our construction of the
Sec, Of the Consumption act excepting felons
from the operation ofthe civil law. The Re:
pubic man is peculiarly unfortunate in his
attempt at criticism stultifying and most
completely annihilating himself in his at
tempted reply He starts out on the assump-
ton that we are wrong and proves that we
are right by publishing the section alluded
20; then follows with an explicit denial that
our construction Of the law is correct and
closes with the assertion tina. we counsel re-
s.stancc to the law IF his construction of the
act is correct it is such an invasion of State
rights rs to render it null and void ob initio
and consequently was never q law, constitu.
tionally enacted ; if ours is correct, then our
advise with the broade construction he can
put upon il, is simply that the people uphold
and obey the law Of the land despite all at
tempts of unjust and illegal usurpation of
powers wisely withheld by the Constitution
from Congress
The President it is true is the Commander
in chief Of the militia Of the several States
when called into the actual military service
ofthe United States, but nowhere in the con-
stitution is any authority given Congress or
the President to comm and the States militia
except upon caa in conformity to law, made
fhn ~, ~cIl
Our State ConsttutionproEid es that the
State militia should be armed, equipped and
trained as the general assembly may provide
by law It also provides that ;:the Cover
nor shall be comander-in. chief fthe militia
the army, and navy Of this statco and no law
enacted b. our legislature has attempted to
surrender this right to the President. nor has
it any power to enact such Inv lift would
80 so.
But to return to tbs question: let us see how
the law operates in its actual workings. At
Springfield ILL.,, a Lieut.. Dustin, recently
committed most unprovoked murder; was
arrested by the civil authorities, examined
and bound over for trial for murder in the
first degree. Col. Lynch of the So, H., In
& -antry being at the city at the time Of
The outrage, finding himself unable
20 wrest the culprit from the civil authorities
such was the determination of the people to
maintain the laws and sovereignty of the
Stste; obtained three companies OF soldiers
and surrounded the Tail where Dustin was
confined, taking possession of and releasing
the prisoner against the consent of the Jails,
and in open and defiant violation Of laws Of
tho State. Nor is this ali, the culprit on be-
ssag received by his military comrades was
crowned with garland Of flowers, the militi.
actually firing salute at the depot in tri
nmph that military had trampled down will
in,purity the civil law of one of the States.
We say further of this aw, that there i
no clause in it providing for the arrest O
any man coming within its assumed juris
'letlon let tho crime he what it may !; it be
ing grave question under it whether an
other than military posse has the right {
ssrest culprit or stop him when found eve
10 The not Of committing the most hagitiou
crime known to the laws of q State. An
III Republic will not Or any other paper su.
tanning the law attempt to gainsay this fac
How then in the name of law, Of reason,
Justice and humanity. are the people to /
protected in the enjoyment OF their mo-
sacred rights and privileges if this act sha
- sa;t.;-a! " It's ccurt7