Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-10-27
From The view YORK Express.
ARBITRARY ARTISTS UNCOsSTf-
IT TfpNaL.
Important Decision i'm the Supreme
Court of New York.

VI NcN
The celebrated case of George W Jones, late
Senator from Iowa, V VIM. Seward, was
decided this morning by Justice Clerke. of the
Supreme Court
1T vas an action for damages for alleged false
imprisonment The .elen-sabt applied for an
order of this ceart To- remove the action proceed
Ing therein to the next Circuit Conrt OF the Quite
St-te~ be he "a ia ard iss the SSutleEs District
Of the Safe at New York
The defendant siatess IN BIZ petition for this
order Tint the action w. brought for sets alleged
70 haze been none by him "a Secretary of Stale
for the United States Of America under auIhori
" derived by hum from the President OF the
United States. in causing the plaintiff 10 be ar
rested and imprisoned. or for some other wrong
/ alleged 90 have been done TO the plaintiff under
such authority during the present rebellion. and
that il therefore comes within the of Congress
OF March 81. l-63. relating to the writ OF habeas
corpus bv which case my be removed To an
other Court
THE question to be determined being whether
I the President OF the United States during a re-
bellion arrest any person not subject to mill
tary law withog the process of some court, this
was a question that would arise under tie Consti
I tuition OF the United St--tes.
ut cannot of course he pretended by the most
ardent advocate of this high Presidential nreroga-
1
/ There Is nothing in that instrument that can be
tortured into the comforting of such power uDon
/ the President in his civil capacity; and this it
appears tu me- plainly dispos,s of the question,
/ for il would be asserting the greatest conradc
/ ton and the strangest anamoly TO say that abso
/ lutte and unlimited power equal to any exercised
/ by CIR or Sultan, can be implied by COnstitu-
ton which gives no power to any depart ment that
| is not specific lily set forth, except simply the
all
cessary the execution of the power.
IF there is anything beyond all controversy in
the constitutional history Of the nation. il is that
the purpose of the Constitution and the provi-
si0ns which il contains, were. for considerable
time before its adoption. thoroughly discussed by
the people and their delegates i'm convention. and
anv man protesting 10 confer unlimited power on
any department OF tfe Government, on any pre-
text, would not have been deemei sHne."
After referring - the constitutional history of
Uni'ei States and England. the learned Judge
remarks:
Could it be supposed that the trainers of the
/ Constitution intended any such power that
claimed in the present case. either expressed or
implied2 If they intended "A dictatorship exist
under any emergency, they would not leavelt to
the Chef Executive 10 assume i when he NAV
in his discretion declare necessity required it. bur
would have provided that this necessity should be
power alone should select the person who should
exercise it, That the President can assume
such power is extravagant assumption which
cannot be entertained by anv court No such
inquiry can arise under the Constitution of the
United States IL does reach the proportions
or stature ola question
"Mr. Lincoln military commander can
possess greater power than if he were not
President Suppose the Constitution vested the
commsld in chief of the army and navy to some
person other than the President, could this func-
tlou1ry suhvert the Constitution and Laws under
the plea OF military necessity Surely not"
The learned Judge thus concludes:
The power for which the defendant contends
il plrinlv not necessary for the safety of the ma
ton. and is not conferred by the Constitution
When that safety shall be endang ered within the
Immediate rheater of instruction war. the
Comm lnder-in chief and his suhorinates are
judges of the occasion: but beyond that the
binary course of proceeding in the Courts of jus
tlce will he sufficient To punish any persons who
furnish inform ttinn afford aid to an enemy. or
betrhy their country. In case of emergency,
caused by invasion or insurrectioE, the powers
expressly given by the Constitution and acts
of Congress To repel the one and suppress the
osher are ample and effective IL requires no
exercise of an extraordinary power over the
sacred rights of personal liberty to accomplish
this Ii Is manifest that it is beyond all co"tro-
versy that those rights. in or in peace during
invasion or domestic violence, even during the
hdeous rebellion which now confronts US, exist
in the cases which | have stated, and in
voahle
The President, therefore, whether in his civil
or military capacity COMMANDMENT chief, has
no such power ~ that claimed for him
The ground upon which the application is
made has foundation in right 1t cannot he
entertained question in any State or in the
United States Courts The only question in this
motion worthy of consideration. and which can
be entertained. does not arise under the Const-
tuition ct the United States. hut is clearly within
the jurisdiction of this Court. The motion is
denied with costs"