The daily Evansville journal. (Evansville, Ind.) 1862-1863, 1863-06-15


the hatred of men against our Govern
ment and resistance to the Conscrip-
ton law, he is within the purview of the
section, although in the conclusion he
might insert saving clause, by formal
ly declaring that the laws must be obey
ed, and no resistance offered to the Gov
ernment. In such case the law will
look to the spirit and reasonable effect
of. what is said, and not to the mere
words employed.
1t is within my knowledge that public
speakers and editors have presented
to their hearers and readers every state
ment, arguments and motive that could
excite them to hatred of the Government
and resistance to the laws, but for their
own protection, have interlarded their
discourses with set phrases that there
must be no violence, or resistance to
the laws. Such men are cowardly and
treacherous,,,as they exhort,,others do what
they are unwilling to do themselves, and
seek to put their advice in form for
which they will not be held responsible.
The subterfuge will not avail against the
provisions of the section am now con-
sidering
The Legislature of Indiana, at the ex
ira session, in 1861, passed ''an act to
define certain felonies and provide for
the punishment of persons guilty there
of. Approved May 9Th The first sec
ton of that act reads as follows:
SEC. l Belt enacted by the General
assembly Of the State Of Indiana, That
any person or persons belonging to or
residing within this State, or under the
protection Of its Laws, who shall take or
accept commission or commissions
from any person or persons, State or
States, or other enemies of this State,
or of the United States, for the purpose
ofjoining or commanding any army or
band of men hostile to, or in rebellion
against, this State, or the United States,
or who shall knowingly and willingly aid
or assist any enemies in open war, or
persons in rebellion against the State or
United States, by joining their armies,
or by enllsting or procuring or persua-
ding others to enlist for that purpose, or
by furnishing such enemies or persons
in rebellion with arms or ammunition, or
provisions, or any other articles for their
aid or comfort, or by shipping, sending,
or their agents, any arms, ammunition
or provisions, or other articles for their
aid or comfort, or by carrying on trail
torous CORRESPONDENCE aA----i+i. tlr---.f
shall form or be ii. dnyiciSe concerned IL.
.torminy any combination or plot or con-
SpirGcy .tor betraying this State, or the
United States, or the armed forces of
either, into the hands or pot0er Of any
pretcnded gO1erTa,eSt cry ssyyo!9gr o!9ryagaized or
ing the laaos or authority Of the GoUer'l-
4,e,.t 1e The limited Sfs34s 4f. -Aaneric6.=
or shall give or send any intelligence to
any such enemies or pretended govern
ment or their forces, for that purpose,
every person so offending shall, upon
conviction thereof, be imprisoned in the
State Prison for term not less than
two nor more than twenty-one years,
and be fined sum not 10 exceed ten
thousand dollars"
This section is very broad IN its char
acter, and comprehends all organiza-
tions having for their purpose resistance
to any of the laws of the United States,
or which are intended to weaken the pow
er of the Government, and disable 1t
from suppressing the rebellion-thus
giving aid and comfort to our enemies.
1t having been enacted by the Legisla-
ture of the State, it is especially COM
mended to the consideration of such per-
sons as are tainted with the dangerous
heresy that their allegiance is due to the
State and not to the United States.
The offenses defined and punished in
the statutes ] have quoted are below the
grade of treason, and the guilt of the &C
cused party may be established by one
credible witness, or by circumstantial ev
idence, as in ordinary criminal prosecu
tions.
1t will be my purpose in the future, as
in the past to do my whole duty to the
Government of the United States and
the people of Indiana. In the admins
tration of the law, and the performance
of official duties, | recognize no parties.
All who obey the laws, keep the peace
and discharge their duties as citizens,
are alike entitled to and will receive pro-
lection in person and property. The
alarm which some are attempting to ere
ate of the improper interference of the
military authorities, may be dismissed as
without foundation.
The right of the people peaceably to
dSSeluDtS dAO PSCAtAOiA AL q ACuiSoo -
grievances, and speak and publish their
opinions touching the policy of the Gov
ernment, or the conduct of the war, must
be respected, and the enjoyment of it
protected. But there is wide difference
between the legitimate exercise of this
right and that unbridled license of speech
which seeks by the assertion of the most
atrocious falsehoods, to exasperate the
people to madness and drive them into q
position of neutrality between their Gov
ernment and the rebels, if not into the
very arms of the rebellion, combine them
in dangerous societies, provoke them to
resist the laws, and thus contribute di-
irectly to weaken our own Government
and strengthen the cause of the enemy.
The criticism of one who is friendly
to the Government, and who is anxious
that it shall succeed and be preserved,
and who points out its errors in order
that they may be corrected, is wholly
different from that denunciation which
seeks to bring the Government into con-
tempt and render it odious to the peo
pie, thereby Withdrawing from it its life,
when struggling in battle with u power
ful enemy. The one can never be mis-