Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1863-04-29

AdSt u auuSc Oou>ttDtcs
The COMMITTEES on Arbitrary Arrests. author
lied by the resolutiorro of the House of Represen-
tatives of this State, in their report thus refer TO
the facts connected with the arrest of Judge Cox
STABLE of Illinois. The comment OF the com
mittee on this arrest, are eminently worthy of
consideration al the present time. further evil
dence be needed that the party in power is at
tempting to undermine and overthrow the liber-
ties of the people-iheir constitutional rights
the arrest of judge CONSTABLE most forcibly il
illustrates il:
But leaving these questions. we propose to
look more in detail at the classes of cases pre-
sensed: but, before doing so, we desire to call
special attention to the case Of Judge Constable.
He is not a resident of Indiana, but he was brought
into the State and imprisoned here. We do this
for the reason that the principle involved in his
case is CLOSELY connected with civil liberty itself.
What is il that distinguishes civilization from
barbarismg The one is established upon condi-
tional rules-wise, humane, d~eterminate laws;
the other is the sudden growth of prejudice. sci
6shness and passion, affording shelter to day, and
bringing swift destruction to morrow. Upon the
just administration of the conventional rules and
and prescribed laws upon which civilization is
built, depends its highest degree of perfection.
All writers agree that 10 insure this end, magis-
trates OF The law should be learned, independent,
unbiased and honest; and thus qualified, they
must be left 10 act freely. No man could thus
act If. for at honest error of judgment. he should
be subjected 10 penalties. Every beginner in the
study Of law knows this And why is it Be.
cause of the infallibili:y OF the human mind. No
man is iufalIibie A Judge must decide one way
or another upon questions presented to him. he
L. - HI. - - ek.s IL 49,
Superior courts are instituted TO correct decisions.
If he does. The imprisonment. or even worse
punishment of the Judge, would not reverse that
judgment. For these. among other reasons, il is
a settled ard known principle of legal jurispru-
dence. that a Magistrate or Judge can not be
made to respond. either criminally or in d images,
in a civil suit, because of any official decision he
NAV honestly mike. This Is to support his dig
nifty and authority, and to draw veneration to his
person, and submission to his judgment. In sup
/ port of this theory, the Committee would refer to
the following standard English and American
authorities: Co. Lit 294: 2 Just. 422; 2 Dali
r. l6D; | YeateS' r. 443; ? N a Nee. los. 1
Day. r 3l5: | Root X Oil: 3 Gaines R. 10; 5
| John r 2e2. 9 John. r. $685.: Ii John. r $50:
3 Marsh r.. IS; l South r "A; l n H Rep.
374; 3 Bay. 1863: Z Wend 46S: 3 Marsh. R rs.
Ii it were otherwise, judges wouldbe the mere
tools of those in authority, there would be no in
dependence of thought or action. No citizen
could safely trust his interests in the keeping, or
to the determination of ajuiiciary thus trammel-
ed. Communities would be driven back toward
a state Of barbarism. Every man would be com
I PEELED 20 take into his own hands the adjudica-
ton Of his own controversies. The strong would
govern the weak. Men would combine together
in clans and factions TO protect each other. This
condition OF things would be anarchy.
In the above suggestions we have assumed that
Judge Constable committed an error in the Judi
cial decision upon which he was arrested-but liz
fact he did not, ~ could be amply shown if it was
at all necessary 10 enter into an argument on the
subject. But it is not necessary. for, conceding
for the sake of the argument that he was in error
in his decision, IL is not pretended that he decided
cOrrUptlv. and therefore, all the reasons we have
stated, fully apply in favor OF the freedom and
independence Of the judiciary in his case. Again,
admitting he was wrong, in England even, from
whose expressions we separated by a long war, il
is held by the king, that he looks upon the in
depence and uprightne-s of the judges as essential
to the impartial administration of JUSTICES one
of the hest securities Of the rights and liberties
OF his subjects, and as most conducive to the hon
or or the crown Id Raym, 741, Blkst. Com.
Jacobs L. Diet. 3, 547.
A Judge is not answerable then. even to the
king, for an error of judgment in a matter OF
which he has jurisdiction. | Salk. 391, 2 Hawk.
C. /, sec. Ii.
But here. the President, as Commander in
Chief, though his subordinates usurps greater
powers than the king in England dare exercise
for through them ne undertakes to determin,
when a Judge has decided right or wrong, and 4
punish him for that decision-not by any regular
course OF judicial proceeding, either civil Of
criminal. not yet by the mode pointed out by tn,
Constitution for corrupt acts, which is by i'm
parchment but by an arbitrary Turkish process o.
military despotism, merely because, as in thu
case of Mr.. Green. these gentlemen may believe
they are backed by six hundred Thousand
bayonets."
1t is time that the people should arouse TO
just sense of the great danger to their liberties
when the men and the monev they have placed a
the disposal OF the Government are thus boast
ingly diverted from the purpose for which they
were furnished.