Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1863-03-16
The arrest of Juage Constable.

JULIUS BoETTlCHER,
DIV Chairman Township Committee.
The Arrest of Judge Constable.
On Saturday we gave the details of the arrest
of Judge CONSTABLE, of Illinois. Since then we
have learned some of the particulars of the case
Two Sergeants. representing themselves to be
under the charge of Captain LINsLEY, stationed
at Terre Haute for the purpose of arrestng de-
serters and Selling United States property, ar
rested four men, whom they claimed to be desert
ers. in Clark county. Illinois. An affidavit was
filed charging the Sergeants with kidnapping
under the laws of Illinois, and upon this informa
ton they were taken in custody. Upon the trial
of the cause before Judge CONSTABLE the follow
ing facts elicted: The accused presented
orders issued by Colonel CARRINGroN, directing
Captain LINsLEY TO arrest deserters and seize the
property of the United States in Vigo and the
surrounding counties in Indiana. This order was
Endorsed with the name of Captain LINsLEY in a
miserable handwriting. which the Sergeants
claimed was a delegation of authority from that
officer to them. An order was also exhibited
issued by LAz. NOBLE. Adjutant General, under
the direction of Governor MORTON. as Commander
in Chief of the army and navy of Indiana, dele
eating similar authority to Captain LINsLEY.
Railroad passes were also shown as further evil
dence that the Sergeants were empowered to act
in the premises. This was all the evidence pre-
scented to the Court to show the right of these
men to enter the territory of Illinois and arrest
her citizens.
The persons claimed and arrested as deserters
presented the following facts: They had been
captured while within our picket lines near Mem
phis by the COnfederates, and we're subsequently
parOIed by Colonel in that service: they were
transferred to JEFF. fHOMPsON's command in
Arkansas, crossing the Mississippi below Mem
phis, and while under his charge they we're taken
to n point just above Cairo and there released.
From thence they found. their way to Clark
county Conceding this statement to be true,
the Judge decided that they were constructively
deserters for the reason that they had not com
piled with the military regulations in not report
ing 70 the nearest Federal military post immedi
ateiy after their release. He also decided that
the Sergeants had not presented sufficient au-
thOrity to arrest parties in Illinois, as Captain
LISsLEY only empowered to make such ar
rests in VigO and the surrounding counties in
Indiana. Judge CONSTABLE made no order re-
leasing deserters, but stated, and meant to be
understood, that the effect OF his decision was to
release them. He advised this course to be pur
sued for the purpose OF allaying excitement and
preventing outbreak, but stated at the same
time THAT they were subject to arrest for their
alleged offense by the Sheriff of the county, the
POstmasters and other persons authorized to per-
form that service. He held the Sergeants to bail
f0: $500 for their appearance to answer che of
tense charged against them. which was given,
and they were released An early day was fixed
for the trial and grand jury was Immediately
empanneled, composed of members of different
political parties, to investigate the affair.
These the facts in the case briefly recapit-
ulated. The Judge decided the case upon the
evidence presented. The Sergeants showed no
authority 20 arrest persons in Illinois. Under the
laws of that State, parties making Unauthorized
arrests are deemed guilty of kidnapping, a Grim
inal offenSe. A conscientious Judge, sworn to
support the Constitution of the State and lis laws
could only follow the path of duty, which he un-
doubtedly thought he was doing.
In his arrest we may say the law was also vim
dieated. There no resistance on the prrt oil
Judge CONSTABLE or his friends The party
whom the Republicans charge with being organ
lied to resist the law, submitted to what they re-
garded unj ust arrest, because it was made
under the forms OF law or by proper authority
What justice in the arrest of Judge CONSTABLE
or what good purpose will it server As Judge
not seeking or desiring the responsibility, he de
eided the case according to law and the evidence
He decided it in accordance with his conviction:
of duty. Suppose he committed an error o
Judgment Are judicial officers to be subject L
arrest and triNl criminals because their inter
pretatiOn of the law may differ frUm that OF tn,
ruling power? If the Judiciary is to be stricken
down what protection is left for the constitutions
and legal rights of the cizeng
There is evidence that Judge CONSTABLE
is guilty of any crime against the Government
There is nothing to show that he intended to re
lease and harbor deserters. There is nothing Il
show that he did otherwise than an uprigh
and faithful Judge should do. We cannot bu
believe the facts in the case have been misrepre
scented to the authority that ordered his arrest
And every good citizen cannot but regard it as
fragrant outrage. This case should receive th
serious thought OF the people. IT, Judges, tn
coaservators of law and order, thus to b
stricken down in the discharge of their duty
what barrier is left for the protection of the lib
erty ofthe ctizen?-wbat security for person an
property? This is a subject which rises hig
above mere party considerations and demands tn
deliberate attention Of all who desire TO preserv
constitutional liberty and a constitutional Gov
ernmeat If such acts receive no rebuke fror
public sentiment. the end of both, we fear, ha
arrived.
A SINGULAR HallucauaffOn.