Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1864-03-14


charges and iusinuations that you know to be
unfoundedf
The length of this communication forbids my
indplging in such reflections as would otherwise
deem appropriate. ~sf
OSCAR b. HoRD.
Ray; Repubiicantsm and Arbitrary
Power VS.. ConstitutionaI Liberty.
CAsEs-So |.
When, few years ago, the Republican party
came into power, one of its fast deeds was to
enact the Maine law prohibiting anybody from
making or drinking cider, wine, beer ale. &c,
except, &c. -.
Under this tyranncal measure. BEEBE, HAIR
MON, and many others. were consigned to prison
until released by the Supreme Court. 10.
WRIeHr. then having commenced to fall from
grace, signed the bill.
Next came their attempt to break down that
provision Of the Constitution providing for
uniform system OF common schools and 10 de-
prive the country children of the benefit of
free schools. Here again the Supreme Court
stood in the breach and saved the Constitution
and free schools for the children OF the State.
The Court said, in the CITY of Lafayette VS..
Jenners. 10 Ind. Rep. ~: 1--WE have said that
under the former Constitution, the local school
system broke down the general one; and the
same would be the result we're both tolerated
under the present Constitution. The constitu-
ents of members representing counties having
towns and cities which had adopted the local sys-
TEN Marion for example, would, TO great ex-
tent. prefer TO have no other to interfere with
that, T" and, hence, would resist sufficient taxa
ton to keep up the general system; but, on the
other hand. IL to get schools for themselves they
had to maintain the general system, il would be
supported and all the children Of the State have
equal advantages of education. Judge HovEY,
now General HovEY, wrote the first opinion put.
ting down the local school system unconsti-
tutional. See Greencastle Township VS.. Black,
5 Ind. Rep, 557.
81 NO. B.
Next came the attempt Of the Republicans to
annu that provision of the Constitution which
ordains that no money shall be drawn from the
treasury but upon appropriations made by law,
and to induce che executive officers to put their
hands into the treasury at discretion and takeout
the money. Here. again. the Supreme Court
upheld the integrity of the Constitution.
NO. A.
Next came the Republican War Poper. with
Its iron heel, trampling upon the Constitution,
and the liberty of the citizen. Judge RAY de-
cded that this all right, that the citizen had
II a.. e..
violating the Maine Law enacted by the Provost
Marshal Here, again, the Supreme Court stood
by the Constitution and the liberty Of the people.
The Republican party, however, to show Its ap-
prevail of the doctrine of arbitrary arrest and to
make il the issue in the coming election. imme-
diatey nominated Judge RAY as their candidate
for Judge of the Supreme Court, showing that it
is part of their policy to Court that
will, as they expect, register Executive and Pro-
vost Marshal edicts. The Republicans, in the
coming canvass, have thus planted themselves
squarely upon the platform of arbitrary power,
and invite the people to uphold them upon it,
and thus surrender to them liberties. We
shall see If they viii DO IL. ~
As sample of the operation of government
by arbitrary power. we give the following case,
decided by the Supreme Court. and which we
take from the 2lst volume of Indiana Reports.
now passing through the press. The title of the
cause is SKKES VS.. MoSKErMER.
APrEAL FROM THE RIPLEY CmcUrr CouRr.-
The following special order was issued:
HEADQUARTERS DrsrRIor or INDIANA ANDl
MIcmGAS, indianapolis. Aug.,5, 90.
Special Order No. 40.
Col. CONRAD Baker. Assistant Provost Marshal
General, State OF Indiana. will arrest and send
to these headquarters all persons engaged in
stealing, concealing, or presenting the delivery
of any Government property, or any property to
which the United States have just claim. Col.
Baker will instruct his Provost Marshals accord
ingly. s.a ,ra
BY command of Brig. Gen. Wilcox
Robert W. A. Hutchins, Captain and A. A.
General r.f f.Nl trrf $50.
Col. Baker, by John G. McGuiston. Captain
and Provost Marshal, forwarded the foregoing
order to Jeremiah ID. Skeen, Deputy Provost
Marshal for Ripley County, Indiana, with in
structioas to prudently carry il into effect. In
so doing said Deputy Provost Marshal Skeen.
experimenting that Dederick Monkeimer had
stolen horse belonging TO the United States.
arrested said Monkemer, nero motu. and took
himto Jail in Ripley county, and required the
lhOf 70 cOnnDe hlm tDcfeih, winch stiu jaltor re-
fused to do; whereupon said Deputy Provost
Marshal Skeen required the j ailof to surrender
the keys of the jail TO him, which the jailor did;
aud thereupon said Deputy Provost Marshal
Skeen locked said Monkeimer up In cell of the
Jail The next day Monkeimer obtained thorough
Ed. p. Ferris, Esq, his counsel, from Judge
Chapman, of the Ripley Circuit Court, Indiana,
writ of habeas corpus. upon the return of
which he was set at liberty by the judge. vers.
fled charge Of any offence whatever being pre-
ferred againt said Nonkeimer. -.
Deputy Provost Marshal Skeen appeals to this
Court, on the ground that judge of the State
Of Indiana had 30 Jurisdiction or power to take
Monkeimer from the prisoners cell-be AYERS
that he is Deputy Provost Marshal Of the United
States for Ripley county, and that he l., there
fore, not liable to to a State tribunsl Ia
relation to any arrest he may make by color of
that oiice, nor to obey the order of such tribunal
for the release of prisoner so arrested 1000
We have said all that we desire to say on the
general question raised Of jurisdiction 10 the
Ohio and Mississippi Railroad Co. v. Fitch. 90
Ind 495