Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1864-02-15
Judge Perkins, opinion.

Judge Perkins Opinion.
The Journal is evidently afflicted with Per-
xrss on the brain Yesterday it had another
long essay, the fifth or sixth of similar kind.
reviewing the opinion OF Judge PERKINS in which
he discussed the war powers of the President
The organ of the Republican party does not
meet the issue stated by the Court. Ii cannot
be eoutroverted thai the President has assumed,
or rather susurped powers, clearly in violation
of the Constitution The leading members OF
the Administration party concede this position,
but they spolOgize for it on the ground of mill
tary necessity. In other words, that it became
expedient necessary to trample under foot the
organic laws of the land in order to save what
they term the life of the Government The
Journal thus finds itself in the predicament of
justifying usurpation and tyranny. and the apollo
gy is that the citizen must be deprived of his lib
erty. of his constitutional rights, in order to pre-
serve or secure them.
A marvellous change has come over the
Journal AZ one time it argued with great vehe-
mence thuswise:
Secession Is revolution and the FIRST act of it
lifts the whole case above all questions of forms
and laws. In the present case it seems TO
Us clear that If the enforcement Of the Constitu-
ton leads to civil war, shall be better off TO
let the Constitution be broken and save blood
shed We can imagine no evil equal to
an American civil war. The separation of the
whole Coniederacy into independent nations
would be harmless beside it Ii coercion
means anything, it means to preserve the Union.
or what value will an Union be that needs links
Of bayonets and bullets to hold it togetherg''
- Such we're at one time the sentiments of the
Journal Rather than the terrible evil of civil
war now upon the country. it proposed to see the
Union separated into independent nations. After
acknowledging the terrible evil that must result
from an interneeine war. ;t now favors its vigor-
Gus prosecution, and for what& An ancondi-
tional Uuion-an Unoin that needs links of bay
onets and bullets to hold il together.
The sole purpose of the opinion and decision
OF the Supreme Court. which the Journal so
herceIy aud virulently combats. is maintain
those great principles Of civil and religious lib
erty for which the men OF the Revolution con-
tended and which are the basis Of all free gov
lernments- This the Republican organ regards
as a crime-and, in the Republican party appIi-
cation Of the term, as "disloyal." Ii takes issue
with the court for upholding the liberty and rights
OF the citizen as guaranteed by the organic law
Of the land, fealty to which should be the only
test Of loyalty. This is the predicam ment in
which the Journal places itselfby its attacks upon
the opinion of Judge PERKINS,. a-.F
In this connection We give the following trib-
ute to the professional merits aud logic Of the
opinion, from eminent and learned jurist OF
Ohio, addressed to Judge PERKINS: s
take leave as one of the fast friends of the
Federal system, 10 thank you for the ability
learning and independence Of the opinion Of the
Court pronounced oy you in the case of Griffin
vs. Wilcox. 1t appears In full TO day in the En-
auirer, and has been read by thousands of the
citizens Of Ohio as well as Of Indiana. It's spirit
can be appreciated by any one, and will find very
soon that universal response which lies in the
breasts Of all freemen TO acts Of judicial inde
pendence. It's professional merits Of clearness
research and logic will not fail TO influence the
opinions OF lawyers and judges when they have
canvassed the decision and made the ordinary
attempt 10 defend the encroachments Of the Ex
ecuuve, and Congress too, upon the rights anC
liberties Of the citizens of the different States
win not withhold the expression Of pleasure j
gave me 70 observe that in these Western States
which ought 20 be the intellectual fortress Of th
CONSTITUTIONS, State as we'll as Federal. we hav'
a court Of last resort, able and ready 70 defens
the citizen from military well as civil oppres
sion, and which can cite Cicero, Buckle and May
and Washington irving. az we'll as Coke, Kent
lWbez1ou and DeHsrt- The complexion o
study and science given to your opinion by TIM
departure from the dry walk OF the reports AM
taxi books is must pleasing novelty, and 10 ba
made it all the stronger while making il attract
i've T -H1E ,1 f1fti PSI
q. The treatment Of the ill understood subject o
martial lzw could not have been improved, an
the 6rmness IS we'll as precision Of that part Q
sfb< discussion is worthy of all praise. .sel-
d So, too, the accurate statement OF the origi
and nature Of the var of sections in which Oh
Hor<h and South are engaged, which Is 90 con
snsnfly miwepreseptei. Nothing could be :
appropriats ~ the illustration drawn from os
colonix history Of the position Of nffzirs. and {
she right Of discussion. which yon well say stand
90 The very ssme1(oundafion 30 the case in hsn'