Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1864-09-19

"-s be lcgalls stressed. trIei 80 runi-h-i in the
military courts The right b Try a = Idle even.
an places ~here the civil suth,-.ty bOt -ts,i-
is''ed or SUSPENDED hy force for shv ofrnces COG.
nirtb bs the civil c. arts -s- o. rs,niesr.d on
a'i''-'y tribunals prior &, the lsst Csngrr~- H.
til then u vas, by erpre-s relu sfion. msde The
day oi srmy oihres- tn deliver up. ~h-ii s-.ua. q
~ sH'ldiers 20 the civil auth. r'ie-. on demand
sith crimes sgsinst The civil la~: -nd the duty
sss un'ormly and I'll hf.liv 2. ormef But. w
act passed during ths, Congress. cotcurre,
jurisdiction II th.t class of offeniers-ss rou,,r.
ei uoon h. military csutt. Ia .r,er.ded
however. 20 no Tiers o. course sIl Others are
ekem, u from It's operation by an innpiic-ti.u n.
lear ss erpres ~osds could possibly eremps
them. tor u u = maxim OF inierwe,stiOn that The
er.sessi"n OF one excludes tie ret
When sede-cessd iuto particulars and stfemps
70 sppiy martial lac 20 individual cs-es OF citi-
zens IN the Sts'es where the courts sre open ard
c'riI order re'ens ne shsll Ind the prscfice sub-
Ject 10 all The objections shesds urged sg.in,s
tie general principle upon ~hich 10 ,tsnds lss
victims feel and knos the ou,rsge of unlimitsd
uosef: and their seBse OF ~rong - deep-s.ed .ps
envenomed nv the tact. IN st all around Them are
)th.u no better before the lsu than h,n-.lyes
sho are secure from the Oppression that cru.h. .
themselves. Thi- sense Of injury makes even
the vol, Of e. e. IN oh. N.
L he iutss Of sn-ei- toue "a % near
Hell Confines that the damned ca bear.
Hence. one misiortune-f mem 10 the pubic
arises from these individual cases Of .un-rii r.
Men forget the public wrong ia the sharp .gonies
oi individual destruction; ami there "a for the
time bengS q entire obvion 30 20 ~hst m-v fall
from the same sourte of oppression uuon the
ommuni'y at large. In q word. il begets sIsrk
pi public spirit-s -snt OF ntere-, in she general
seiiate-s vsbt OF united action
Az INSTANCE.
Congress taxes gunsmith. he pays ter dol.
lsrs for a license: and Eve per cent sdvslorera
on all the proceeds of his labor. His shop il fuii
OF work, made 10 order. sDd ready for delivery:
and Of guns repaired for old customers and
friends for whom he has lsbored for thirty yesrs.
All at once. an order Loses hi shop and for the
ime being lie business Is NJ an ED There h,s
been ne open declaration OF martial law All
departments Of the Government have exacted
the tax Tor license to bur-ue his trade: but one
department with dash of the pen sbolishe. IL.
Had he foreseen this destruction would he have
paid the taxi know it will be urged. that the
Suspension of that business was = miIitsry neces
sIty So. too, II NAV be said thas the destruction
ot any shop, or saloon. is % oper sud necessary.
But is IL quite certain that this anninistion Of n
mans bus'De-s IL no. in conf CT With rights that
stand higher than this act of military pa.erf
The United Strtes Supreme Court hsve slre.dv
considered similar questions; aud they decide
thus:
"Our duty Il to determine under What circum-
stances private property NAY be taken from the
owner BY = mtsry oiicer IN time Of var And
the question is Whether the Law permit. IL to
be taken, To insure the surces- of an eniernrise
against public enems, which the com mmapdipe
officer may deem q advisable to una-tt he A,s.i
we think IL very clear thai the iar dsss NOT pe,
mn II. The case mentioned by l. ,rd NJ ,p-hrld.
IA delivering his opinion. in Mo-tyn v Fsbrlgas.
u Cowp loO.I illustrates the principle of whi.h
we are speaking. C'pt Gsm Dier, of rhe Br,rish
navy. bs order of Admiral Boscswen. pulled
own the houses of r"me suffers on ths co.-t %;
Nova Scotia, who we're supplying the sailors With
spiriiuous liquor. the health OF the sailors being
injured bs irequenting them. The motive 49,
evidently laudsble one and The act done for
the public service. Yet u vas All invason OF
the III hts of pu,ic prop ,riy -nd ~iihour anthor
ity oil Law aud the officer VINO executed the or.
der vas held liable TO action and the sutl<rs
recovered damages against him 10 the value of
the prOperiy destroyed. This case shows how
carefully the rights of proi ert, are eu.r .rsied nv
Engisnd ond fhey are certainly NOT less rslued.
nor less securely guarded under the C-psfifsf,os
and iars Of the United Sfafss"- M.teAsu g.
Harmony. I3 How lis.
oeg iease Also 10 refer TO the case OF Capt.
Wilcox. appealed TO the Supreme Court Of Indi-
,ns. from the Nirion circuit court, | believe AZ
fully supporting the same principles The opinion
OF his Honor Judge Perkins. has pissed. 9Th APP
provai intp the American Enc, clio, G liza and
may be now sessrcei. as constituting n part Of
the permanent science OF American Law
rxrESr or rowrR CLAIMED.
But this power extends To the lite and liberty. a.
we'll as 10 the properly OF all ctis.ns sndthc Pre-
ident expressly place il on . b,sis that must
satisfy all thinking men. that. in hi. opinion. lit
l. entirely without limit: tor tie say: '.As Com
mander-in- ChiJ Of The army and nary in fime Of
psr. suppose hsoe right 10 fake say meas-
ure rhieh may best sgtdse the emmy"
In pursuance ol thus coIs rnct. q, of his Dow
ere, he i--uei procls nation Oh the ~ h of Sel.
tember. 1861. whereby ord~r-i:
First. i hat during the existing insurrec n.
aud asa necessary measure tor suppressing the
the same. all rebels aud grgebt-. their aiders
aud abeitOrs, within the UniIei States, aud al
persons discoursging volunteer enlistment-, "a.
si-ting militia drifts. or guilty OF any di.lov.i
practice, sfJring aid and comfort 10 rebels
against the authority of the United States. shsll
be subject to martial lac. and liable to trial snj
punishment by courts martial or military com
mission.
Second. That the writ OF habess corpus ia
suspended in respect 20 all persons arrested or tho
hereafter during the rebellion sh-ll be imprisoned
IN ans fort. camp. sI-enal, military prison, or
other place oi c. nfnement by any military .u
thority. or by the sentence OF any couri martial
Or military com MISSION
Nov. ask: l. TINS not legislation. spd legis.
lstion. too. affecting the most sacred rights Of
the peopler Here 10 the source oi military ar.
rests aud imprisonment: the eBd Of tree speech
and free press Does not the order suspend ev.
cry Law ia the land designed to secure the Der.
sonal liberty oi the citizeuf If.ny such sill ex
irt. II does ~ merely b, PERMISSION OF the chief
magistrate he holds them .t hi- merry re-
gard this order as study for all men Who would
d,rstsnd upon what cvnuna asbcsss their ti,es
lIOertie- aud prprrty nav devehd What shall
be ield "discouragng snlismenfsf' What
are "dI-loyal practacesr" Aud Co xhst pus,ssh-
ment shall the guilty party be su'jectf The or
der does not tell US We have uo lxw dthnIng
such crimes, aud. therefore. no pen-i'e- de-
nounced rg,inst Their peryer tus The pun
ishment. OF course, must depend upon The all
of the conrt: and .h-t shall be res arded ss a
"d-loy ractic," vill vary sith the political
Opinions Oi those sho prefer the chxige and
conduct the ui-l. According Ia Mr.. Fornev TO
oppose the administration. IN The Old party sense
OF The term. j. ''di-loy1l prsctce. because the
ad ninist alton is the Governments loy.l Cd
pstion. hOsever. has alvsy. been held q ssie.
guard not Ouly to con-tii iutionsl liberty. hut 10
the Constitution tell. m all Tree re,re-entatiye
governments If which nave an, kno~leaee
The second clause at thi- order .u-t~sd- The
writ OF hsbsss eoypus and ensble- tho Pss,iiest
/. ~. L--f - -.