Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1863-01-19

ed; or 10 iingef out lie IN aceit without tial
presents body of tyranny which cannot be en-
larged"
The suppression of journals and the imprison
ment of persons have been glarinsly partisan
allowing to some the utmost IcentiOnsneSs oil
criticism, and furnishing Others for the fair exer
else of the right OF discussion. Conscious oil
these gross abuses, an attempt has been m Ide to
shield The viOlatOrs OF the law and suppress in
quiry into their motives and conduct This at
tempt will fail. Unconstitutional acts cannot be
shielded by unconstitutional laws Such attempts
will not the guilty. while they will bring n
just condemnation npon those " no try To perv ert
the powers of legislation to the purposes of Op.
preston To justify such action by precedents
drawn from the practice of Governments where
there is no restraint upon Lee satve power, will
be of no av il under uEr system, which re>traias
the Government and protects the citizens by writ
ten constitutions.
shall not inquire what rights States in rebel.
lion have forfeited. but deny that this rebellion
can suspend single right of the citizens of loyal
States. | denOunce the doctrine that civil war
in the South takes away fir I'm the loyal North the
benefits of one principle of civil liberty
IL Is high crime to aoduct a citizen Of this
State lie is made my duty by the Constitution
TO see that the laws enforced. shall inves-
tigate every alleged violation of our statutes.
and see that offenders are brought TO justice.
oueTlh~ anu OStrlct Attorneys are uGtnutilSneu
that it is their duty To- take care that no person
within their respective Counties are imprisoned.
nor cirried by force beyond their limits, without
due process of legal authority. The removal to
England of persons charged with offonse, away
from their friends their witnesses and means OF
defense. one of the acts of tyranny for which
we asserted our Independence The abduction
of citizens from this State for oenses charged to
have been dOne here. and carrying them many
hundred miles To distant prisons IN other States
or Territories is an outrage of the same charac
ter upon every prime pie OF right and Justice
The General Government has ample power to
establish courts. to appoint officers to arrest aud
Commissioners to hear complaints, and to i'm
prison upon reasonable grounds OF suspicion. Ii
has judicial system, in full aud undspuied op-
eratien. Its courts. held at convenient points
in this and other loyal States are open for the
hearing of all cOmplants Ii its laws are not
ample for the punishment of Oilenses, it is due to
the neglect OF those in power.
Government j. not strengthened by the exercise
OF doubtful powers, bu by wise and emery etic
exertiOn OF ll',se which are incOutestibe Tine
former course never fails to produce discord. sus
piciOn aud diSfEust, while the latter inspires re
spect and confidence.
This loyal State. whose laws, whose courts
and whose officers have thus been treated with
marked and public contempt AID whose social
order and sacred rights have been violated, was
at that very time sending forth great armies TO
protect the National Capital, anu to save the Ma
tlOnal officials from fight or tpture Ii was
while the arms of New York thus sheltered them
against re1elliOn, that, without consultation with
is Chief Magistrate, subordinate department at
Washington insulteu our people and invaded our
rights. Against these wrongs and outrages the
people OF the State OF New York, at its late elec
ton. soemnly protested.
The submission of our people TO these abuses
TO IL time only, was mistah en- at home and abroad
Tor an indifference TO their liberties. But II was
ouly in spirit OF respect for institutions that
they waited until they could express their will in
the manner pointed out by our Laws. AT the late
election they vindicated at once their regard for
law and their love for liberty. Amidst all the
confusion of civil war, they calmly sat in judg
ment upon the Administration, voting against its
Candidates Nor was this the only striking proof
OF respect for the Constitution. The minority
OF nearly equal numbers. yielded to this decis;ou
without resistance, although the canvass was AMI
mated by strong partisan excIIements. This
calm assertion OF rights, and this honorable sub
MISSION tO the verl CT OF the balIot-box, vndca
ted at once the character OF our people and the
stability of our institutions. Had the Secessoni<ts
OF the SUu.h thus yielded to constitutional lie
c>ions, they would have saved themselves and
our country from the horrors of this war, and
they wOuid nave found the remedy for every
wrong and dlnger
MARTIAL Law.
The claim of power under martial law is not
only destructive Ot the rights Oi the States but it
OveilhrOws the legislative AMI judicial depart
ment of the General Governments lt asserts for
the President more pow CT the head of the army
than a. Il representative ruler ut the people. This
claim has brought discrelL upon Us ia the eyes
..tf II 4, .rl.. ii.
beliCn it has Weakened ,he cOufidence OF loyal
States; It tends lO destroy the value OF our Gov
eminent IN the minds oi people it leads to
d:scUrd and discomfort II the North, Will. il has
united and invigorsiei the South
IL there i necessity which justi6es that pol
icy, let uS openly and honestly say there is Il no
cessity which Justifes revolution. Blu, this
pretensOn Is put forth Is "A necessity which
0verieaps for time all restraints. and which is
justified 10y great exi 2eDcy; il is theory which
exalts the miilt.ry power OF the President above
his civil and constitutional rights. 1t asserts
that he may, in his discretion. declare war, and
then ext n1.ush the State hnd National COnStitu-
tons Toy drawing the pail OF martial law over our
vast country.
Martial law" defines itself TO be law where
war is IL limits its own jurisdiction by its very
term. But this new and strange doctrine holds
that the loyal North lost their nstitutIoIa rights
when the South rebelIei. and all are now gov
erne,l by military dictation Loyalty is thus
less secure than rebellion, for il stands without
mems to resist outrages or 10 resent tyranny
Amidst all the horrors that have been enacted
under martial law ia the history of the world,
aud amidst all the iustifcations attempted of its
usages. it was never before held that il could be
extended over peaceful States. Ii never
before claimel that the Power OF military com
mtnder Was superior to the powers OF Govern
ment.
Mvre than two centuries since, that bold de
fender OF English liberty, that honest and indie
pendent Judge. Lord Coke. declared: 'sWhere
courts oi law are open. martial law cannot be K
ecuted, J." and alsO that 1.-The power that is above
the law is unit for the King To ask or Us to
grant" Are English laws more sacred, or is
English liberty more secure. than our.?
lt was one of the c4u.es set forth in the De
cl1ration of Independence. for renOuncing allesi
ance To the King OF England. 'that he has at
lected 10 render the military independent OF and
superior to the civil power" During the struggle
for national life, although surrounded by ene
mics. spies and iniormers. who upheld the pre-
tensions of the crown. Washington never declared
martial law or claimed the right under any cir
cGmstances to make the military superior To the
civil authority. On the contrary, he was most
deierential to the latter. The feeling of the
fathers on this subject best be learned by the
constitutions which were formed by the men who
established our National Government; all of them
had provisions inconsistent with this new and
mUnstrouS pretensiOn.
Massachusetts,. New II mpshire. Connecticut
Delaware. Pennsylvana, Maryland. North Caro-
lima and South Carolina, eight of the twelve
States which originally nude mp our Union. ex
plicItly declared that the military power should
in all cases. and at all times. be held in ex.si
suborlination to the civil authority. and be gov
erned by il; this was expressed in each constitu
ton ia terms almost identical. IL is Incredible