Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1864-02-01

liver up ther leaders 90 chains " they can bt
once more received into the Union: and one
pe,Iantic member of the committee hs~ written
a paragraph for The report. in which such
restoration i compared 10 the restoration Ut
the mouarchy IN England after the death ct Crvm
NeH Such restoration would be 40 resis-
ration a al for II would restore io The south
ern people whst thet never had. namely;
form Of State government sri stem
socia. pOiIty which they aiii y AMI dele-t lhe
people Of the South. IN common With the people
OF the NORTH 30 ndee look iorWard " re-to
ratisii that would restore - every citizen and
cvery State tls rights ~hich we're enjoyed from
the dAy tie Republican party cifue lutU power
Such q restoration y wnat every COOL citizen.
North ard South, Dray~ for every iav, and sin
refely hopes 10 zee Such res'0r iten would
indeeI find it. parallel in the restoration of
Charles II and in the JOY Of the people 81 Eng
land az that event For that was not n much the
restoration Of mon richly; ~ Vas The restoration
OF the constitutional government at the country
For that reason u Vas that the people ni Engl md
gave way "a those manifestation Of JOY - h en-
Maculay has described
The form of our government has been changed
into a military de-notism The he-t of our ciii-
zens are arrested without warrant, AMI impris
Oned without hope of release. or banshed without
law The Csnsfituflon has been trImped ia the
dust. All this has been done by the usurpers
ment" When the voice Of the people huri>
them from the POSITIONS they disgrace, aud a
Democratic admiHi~lratICn succeeds theirs. .hen
there will be restoration" ct our former sys
TEN of government and there Will be some hope
of reconstruction.
What sail. IN recent letter. about the cor
rupiiOn that pervgics every department al the
military service has Just received a remark able
illustration You remembef ochenck. 81 Y ienna,
AID his IN ~ Fish the latter appoin'eiby Scilehck
Provost VI irshal Oi VI ~ land. 90 which capacity
be arrested huntes 81 worthy and innocent cit
izcns. sent dozens of delicate lt'iic> acrbss the
lines in mid winter and cut up other doeS ot that
kndl Well F.,h himself, the great arreNer has
been arrested and j. now here, IA HE stme pris-
on % which he sent scores of people Tar better
than himself The charges against him ue OF
the m"st srtve auI serious nature. aud involve
fr,ui aud corruption in the very worst degree \
nose j. being made about IL: and there i, no end
To the stories that are being circulated about
Fish. Win. however. ~ al he I'LL. only 0beyed
S.henck os,iar~ pretty pair. he~e vere. 10
manage the ie-tiuies ut great State Bu'. If
ter AL thee l. nothing priSins IN the IN .tter
Ia j. snch men " HON the administration delights
To honor. LpOk At Ben Butler, after squeezing
million OF dollars on, Of the rich planters and
mech ms of Louisiana, now trying 3" exc out
another quarter of a million by selling permits
to fish iur oysters in the waters of al. depart
rnen'' No one i allowed tn take single oyster
from the great oyster bcis OF the Che,ape Ike,
until he has irs' paid good round sum Ia But
Ter for he pivilese Aud 80 II goes Wherever
an official al the Lincoln administration pow er
to do 80. the leope h-cce and r,bpel, in
order that these loyal" men may roll in luxury
X
The war Power of she President of
the nited states-an Ism rtant De-
cssicn by the supreme court of-r.n-
dian.
Griffin J
v. Appeal from the Marion c. p.
Wilcox.
PERKINS, 1.-The following general order was
issued:
"HEADQuARTERs DISTRICT OF INDIAaA)
AND MICHIGAN,
INDIANAPOLIS, june 8, 1868.
Capt. Wicor, P,orot Marshal, indianapolis:
CAPTAIN You will at once issue an order
prohibiting the sale of liquor, by any party, to
enlisted men. This order must be rigidly en-
forced. ANY one violating it will be severely
punished. have noticed, with surprise, many
intoxicated soldiers in streets. This evil
should and must be stopped.
Very respectfully
Your obt servant,
G.. COLLINS LYON,
Major, and Chief Provost Marshal,
District of Indiana and Michigan"
Capt Wilcox thcreupon issued the following
notice:
Coffee OF PRovosT MARSHAL,
ISDLANAPoLIs, June g, 1868
All persons engaged in the traffic and sale of
spiriiuous and intoxicating liquors within this
city are notified that they are strictly prohibited,
from and after this date from selling the same TO
any enli ,ted soldier. y violation of this order,
by any person whomsocver, will be visited with
severe punishment.
BY order of
FRANK WILCOX,
Captain, and Provost Marshal"
Joseph Griffin was arrested and imprisoned by
Capt. Wilcox for an alleged violation of the
foregoing military order and notice. After his
release he commenced this suit in the Marion
Common Pleas, against the Captain for false
imprisonment Griffin was licensed TO retail to
everybody cXcepr minors, intoxicated persons
Sc. both bv the S.atc and Federal government
Capt. Wilcox answered the complaint of Grit
fin by ju>,ifyiag his arrest and imprisonment
under the order and notice above set out and the
court held the Justification sufficient. and bar e
Grdns sui, for damages. Griffin appealed t,
this court
Legal authority Is justification to person il
mixing an arrest. Authority appearing on il,
face 10 be Illegal. is not a justification, and viii
BE- no protection for making arrest.
This ease, il may b. remarked, does not in
volye the question of the right in any person, o
body of men, 10 suspend the writ of hu5esiS cor
pas. Griffin did not apply for thar writ in ordc
10 effect his discharge from imprisonment. III
submitted to that, and then sued for damages 70
the imprisonment And, it NAV be here observ
ell, thar the sus ension Of the writ of haitas corya
does not lcgalize a wrongful arrest and impri>on
ment; il only deprivcs the party thus arrested o
the means of procuring his liberty, but does no
exempt the person making the illegal arrest from
liability 70 damages in civil suit. for sucl
arrest. nor from punishment in a criminal prose
cutiOn.
The real question, lying at the bottom
of this ease. involves the J0'cer of the PreSi
dent of the United States, thar X, his power {,
act uDon martial law without its having beer
first declared by the sovereign power ofthe state
an authority claimed b. some to be a "mvsteri
on. power. un lelinei by law, unknown 10 tn
subject which we must not approach wi-hou
awe. nor speak of without reverence; which n,
man NAV question. and 20 which all men ma,
submit :: but power which we think exist, GAL
within limits capable of being defined with rea
Sonable certainty. The question is one that NJ
w,uiI Gladly hay., avoided de. linz. bur from