Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1864-03-21
emo er.a, rnaIana nee,.lon.


the Commercial and Gazette. Only one of them
the latter-has recovered speech, and il does
not answer our interrogat0ry whether or not it
indorses its name under that Of Chase, CASH
Clay. Spooner. Rufus Spalding. Ralph Plumb,
Judge Tden. and the O0erln sympathizers, on
the back Of Thomas Jeferson's famous Kentucky
Resolutions IL found great fault with the En-
qurer for its fidelity to State Rights but the quo
tation Of the 0berlin proceedings have silence1 it
for nearly month Lately it ventures timidly
to carp the great Indiana decision in Griffin
Wilcox where the Supreme Court broke down
the war power of the President in that State by
showing that martial law could only exist where
the Courts were closed, and not where, as in In
DIANA the judicial force was ample TO do Justice to
all parties in civil and criminal cases We can
not be too grateful for that decision nor too proud
of the Judges who pronounced il, and who intend,
understand. TO insist upon their right as
tribunal OF the last resort against any Federain-
reference by the President or the United States
Supreme Court. The people of Ohio. as well as
the people of Indiana, will come fully TO appre
ciate the extraordinary value of the safeguard
which the Supreme Court in that threw over
them all. for it is hardly possible, after such an
iIustrious example of learning. ability and indie
pendence that our own Judiciary should not coin
eide with il.
We can not too often call attention to the
grounds of the decision referred to in the re-
marks of the Gazette against it; if not deserving
the name of argument, they at least fresh
provOcations to continue the line of our former
discussions. We owe great debt to the Indi-
ana J Judiciary, and that debt is increasing every
moment While we are writing dispatch comes
from indianapolis to the following effect Judge
Perkins, of the Supreme Court OF Indiana. has
been notified by Col. Conrad Baker. Provost
Marshal of the State. that he has issued writ of
habeas corpus in cOntravention of the Presidents
clam All nd had bopn cd at
Washington" We we're prepared FOR this rude
interference of the same military power with our
sacred courts of justice lie has been going
here for long period. and has had some ptltry
advantage over a Probate Judge, and Sheriff
who was directed to arrest Lieut.. Kemper for
contempt in "A where he disObeyed the vital
writ OF liberty. But il has come to an issue,
probably, in Indiana, and we are proud and hap
py TO FnOw that the great ability. learning.
spirit and weight OF the Supreme Court of that
Stare will be equal to the emergency. Every
freeman is deeply interested 10 supporting the
supremacy OF the courts over the military and
semi military assumptions of courts martial and
Provost Marshals in all cases relating to citi-
zens not connected with the army. Let the
abolition organ OF this city, the Gazette, sheer
at the magnitude of the present crisis, and try
by shallow jokes to discreiit the highest tri
bunal in Indiana; the Court, for dispOsing final
ly. and in the last resort, of the lives, liberty
and property of the people, Court whose dig
nifty is so great that were the President of the
United States himself 20 commit the crime of
murder anywhere in that State. and have been
condemned, after trial, TO be hanged for it, il
could by its own constitutional powers. and tree
from any eirthly control remit his sentence,
order il to be strictly executed.
Let US look for moment before we leap. into
the future which Provost Marshal Generals are
evidently preparing for the people of Indiana.
IL mIy be the same with ourselves Indeed it
depends largely upon the Supreme Court of In
diana; more. apprehend. than upon
Supreme Court. whether ofhciOus violence shall
be at arrested and the consequent reign of
terror averted.
What has the Supreme Court of Indiana al
ready done2 1t has decided that there is no such
thing as martial law in that State and that cti-
zens of Indiana cannot be subjected to military
law unless they beloag to the army or navy. That
the arrest of citizen, for violating military
order, by squad of soldiers is unlawful, and can
not be pleaded in bar Of an action for damages.
And that the arrest in that case for selling liquor
TO soldiers Is not more unustii ibie and illegal
than the arrest of public speaker for addressing
the people. The decision is OF immense inpOr
lance for there is doubt of it's soundness and
il comes from the source of all judicial construc
ton, in one of the most powerful sovereign
States of the Northwest IL will be precedent
be followed in Otto and elsewhere The same
Court which pronounced it will 90 forward. no
doubt. when the arises. and hold that the
citizen may lawfully resist such unlawful arrests,
and that, if the trespassers persist. they may be
killed, because the slayer would be acting in his
rishtful self defense.
The bill of March, 1863. which Senator Bayard
calls in his printed speech the bill to appoint a
dictator, under the TILE of can act relating to
habeas corpus and regulating judicial proceed
ings in certain cases. Processes to delegate to
the President the right to suspend That writ of
liberty; and processes to authorize the removal
of civil and criminal cases out of the State courts
into the inferior Federrl courts. Al any stage of
| the proceedings, where the assumed powers OF
the military and semi-military are concerned.
| That distinguished Senator, who took half the
learning and more than half the dignity of the
! body away when he resigned his seat. because it
was no longer worthy OF him. denies the sht of
suspeniiug the habels corpus in any other case
except invasion or rebellion, and then asserts that
| it can ouly be done by Congress passing law
to that effect He holds that Congress not
delegate the power of suspension to the President.
and farfiori that the latter can not delegate it
to his officers IsS all other cases the privilege
of the writ remains-the writ itself being the
summary remedy for the protection OF the per
/ sonl liberty Of the citizen The right of the
citizen TO due process OF law in all is very
different thing from the remedy for It's prntec-
tion yet we nlten confound them, End even as
sign the higher Importance to the writ than the
right.
! The amendments to the Constitution were
necess lry to its adoption by the several States
who To become the p,rtie- To the comp
/ They were not satisfied with the original draft
as il me from the hands of the convention at
/ Philadelphia The fourth amandme1l states that
1.-The RICH. of the people TO be seizure in their
persons. houses. papers and effects against
reasonable searches and seizures, shall not be vi
Olated; and no warrants shall issue but upon
probable cause supported BY oath or affirmation,
and particularly describing the place to be
searched, and the persons things to be seized I"
| fhs amendment requires a warrant specifically
stating the cause of the accusation, and founded
upon an affidavit sworn to be competent person,
aud specifically stating the suspicious or guilty
circumstances
Observe how the Congress of 1863 has broken
down all these safeguards Of the citizen. which
are, by the by, only preliminary TO the further
protection of the grand aud petit jury and all the
privileges OF fair, open and speedy trial. accord
I ing To the laS and the evidence, with the nvalu
able assistance of counsel learned ia their pro-
fesson The fourth section of the act which
Senator Bayard calls bill TO establish Dictator
| provides:
THAT any order Of the President, or under his
authority, made at any time during the existence
of the present rebellion. shall be defense in all
courts 10 any action or prosecution, criminal or
civil, pending or commenced, for any search,
seizure. arrest or imprisonment. made, done or
committed acts omitted to be doae, under and
by virtue of said order or under color of any
law of Congress: and such defense NAV be made
by special plea, or under the general issue And
he asks, as we ask, How can this possibly be