Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1863-07-06

The civil and the Military taw--Ger.
Pope Declares the SUPREMACY of the
civil Authorities - his Depart
ment.
" isconsin papers publish the correspondence
which has taken place between Governor Solo
mon Of that State and General Pope, in reference
TO the exercise of militarS authority in enforcing
the CONSUMPTION The Governor, leirning that
requests had been made 70 supply State arms 10
the ~assistan; Provost Mlrshals, tikes occasion 10
express his confidence that tine people are willing
to obey the law and the civil authorities are gen
orally willing to execute it. Furthermore, Ne
suggests that the military power should not be
EMPLOYED in the enforcement of any law in the
first instance, but il should be left to the ordinary
civil officers and tribunals to see to its execution.
unless il should Clearly appear that the latter are
unwilling or unable to do so
The following j. Gen POpe's reply:
HEADQUARTERS. DEPARTMENT OF THE
N~o,rHwEsT.
MILWAUKEE,. Wis. June 25th. 1851
GOVERNORS: | have tie honor 20 acknowledge
the receipt of your letter of the 23d inst. in rela
tion To the execution of the conscription law in
this Stlte. and 90 the question of the use of mill
tary force for that purpose
I fully agree with YOU that military force
should not be employed within the loval States.
ia the eNetuilnil OF tnlS OF tnN otnef law. untN MI
The means for IFS e~utorcemcut usual in times ptst
have heen exhausted. Conflicts of authority he
tw een the military and civil departments. or be-
tw cen the military lorcPs and the people, are en-
Il rely 10 he deprecated.
am sdre that YOU will betr willing testimony
TO the aspect which has been exhibited toward
the constituted authorities of this State. and to
the care with which. in the DISCHARGE of duty in
this military department. complications OF misun
IL. - .s-I. -. =
have been avoided
! have been satisfied from the beginning that
in nearly every case the transcription law can be
executed bv the civil authorities alone, through
the people acting Under their direction in the lie
gal and usual forms. l. the discretion intrusted
To me bv the Government. rs to the employment
Of military force for the execution Of this Law
within this military depart ment. | have steadily
declined TO permit the use of any troops under
nv command unless | could be convinced TIA;
all other legitimate means had been tried without
success. Already. in one or two cases. ! have
found that application for military aid had beer
made without necessity. the enrolment under
the law having been completed thoroughly by IN.
willing aid oi the civil authorities.
The habit of resorting To military force in eve
~ trihing case of opposition or resistance 10 thu
laws. is becoming so common AS To excite in III,
minds oi indiciOus men very serious alarm. Sucl
~ - ntAA&I NIA'A ANN AINl dAhtA AAfCI
sets aside time honored means for the enforce
ment of the laws in this country. destroys in th'
citizen that feeling of personal interest in thei
execution. through which alone we have main
tanned popular government. and prepares he pnb
lie mind for complete abdication Of civil rule
It is impossible to believe that citizens of thi
country, except under the immediate influence O
excitement, can be willing Ia trust the enforce
ment of civil law To military force, and thus t
,,ra,Ja ,Ia ,arv Iirhacf DrfviloUa aud .1ntv n
American citizens.
Such a course would inevitably lend. if persist
ed in. the complete dominion of the military, ant
the final overthrow Of free institutions. TIL,
practice also tsIds naturally TO weaken in tn
soldier that reverence for the civil law and tina
respect for the civil authorities. with which he Ell
terrell the military service, which he still earneStl'
cherishes. and upon which alone we must RELY TO
the quiet disbanding of our great armies. and tn,
return of The soldier To his home, an orderly. law
abiding citizen.
Every dictate of wisdom and of patriotism
should teach us to discourage. both bv act an
word. ANYTHING that might ~pOsSibly tend to i'm
pair in the miud OF the soldier his feelings as
ritizen. therefore hope that all well dispose
citizens of this State will, after short reflection
understand the imperative necessity of exercising
their right, through the civil tribunals. to eniOrc
every law of the United States, however mucl
they NAV have heen opposed TO its enactment.
Whilst therefore nv duty to the Government
requires me to furnish Whatever military aid
necessary to enforce the conscription law through
out this department in strict accordance with il
terms. l shall only EMPLOY milit'r force for tha
purpose after every resource Of the civil aurhorii
has been used without success. II is nv etrnes
hope that the people of the several Stlies com
prised within this military department have al
ready adopted some such views as are here pre-
.otl .t all -, - ,,-ND sban, an ~ ala
me from the necessity of using measures in tn
performance If my duty which are rs unpleasan
to me as they can possibly be to any loyal citizen
/ am, Governor, respectfully. your ohedien
servant, JOIN PoPE
Major General Commanding.