Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1864-01-16

tie Constitution. lave. sn3 authorizes thereof,
theteupon the power OF Congress i exhausted,
and the insurgents arc immesiatelv RENTED 70
al the rights liberties. privileges, and deties Of
citizens. subject to such forfeiture thereof a. may
have been declared by law after il shall have
heen adiudged by The civii courts in the mode
prescribed by the Constitution. and Congress
much les de Pre.ident. has no power 20 impose
upon them any other terms or conditions
IL. hat the whole power and duty Of the
President IN the existing resurrection Is 20 grant
paFdons q those engaged IN II, and. a. Com
mander ~ Chief Of the Army ard Navy, q direct
their operations for IL suppression: and as such
his powers are strictly nilitary. ard are not df-
tereLt or greater than would be those Of the ser
Tor general in The service II the Constitution had
designnted him 70 be the Commander IN Chief:
the power 70 devise policy or measures for is
suppression, IS legislative, 10 which the President
j. Incompetent. whether - TIE first executive on
Ger of the Government, or Commander in Chief
OF the Army and Navy
IL That the law Of militar, necessity is not
established, but only tolerated. in the United
States II does not. nor cannot. IN peace or war.
abrogate or suspend the Constitution in whole or
IN part Ii cannot authorize arbitrary arrests or
Imprisonment, or IN any way interfere with the
person OF the cirizen. but only with his property
IL does not appertain TO the President or TO the
Commander IN Chief unless he be in the actual
command OF a military force, ana then Only
under particular circumstances IL results from
present aud urgent need Of an aimy or military
corps which is SO pressing that it cannot await
other modes, but must be supplied anywhere IN
ITS reach by rs own power and action ~ il not
an expedie0cY but necessity OF a military BODY
and creates law ard confers power for the
occasion only, on its commander of whatever
grade he may be. to supply that necessity by
taking property with summary military force
without deuri VIM the owDer nj bts r;.h, 20 H..
compensated tor u by the United States. Each
case OF military necessity makes its own law
adapted to its peculiar circumstances and
expiring with that particular necessity There i
not, and cannot be. any uniform. permanent or
even continuing law of military necessity The
idea that law always accidental evanescehf
and IA truth so ineonsiderabIe should have the
magic force To enable Abraham Lincoln 10 bound
over the Constitution and all is limitations and
restrictions. and clutch the vast powers which he
claims under II. y gigantic ab~urdity.
Id nat Ut the beginning, under the panic of
the defeat OF Bull Run. the party in power pro
feSsed TO carry u ON for the constitutional end To
put down the rebellion and vindicate the laws aud
authority OF the United States ia insurgent States
and when that effected il was TO cease But
more than year ago. another and paramount
and Unconstitutional end. the total subverSon OF
slavery, was inaugurated by them; and at length
10 carry on the war ~ this perv erted and aug
meHied form. the annual expenditure the part
OF the Uniied States has swollen 10 one hundred
thousand lives and mnch larger amount Of
personal disability, and thousand millions of
money. and yet the wIsest cannot see the end of
the war. Verify. the people North and the peo
pie South ought to revolt against their war lead
ers, ana TAXI this great matter into their own
hands aud elect members Ia a national conven
ton OF ali the States To terminate a war that is
enrichlng hundreds nf thousands OF officers
plunderers and spOilsmen ia the loysl States ami
threatens the MASSES an both sections with ire
trieyable bankruptcy ant indefinite slaughte and
TO restore their union and common government
upon the great principles OF liberty and com
promise devised by Washington and his asso
ciates
ii That the present executive government of
the United States has subvered, for the time. in
large portions of the loyal States the freedom OF
speech, the freedom Of the press. and free suf-
frage. the constitutions and laws OF the States
and the United States. the civil courts and trial
by jury. Ii has ordered, al iibifum arbitrary
arrests BY military officers not only without
warrant but without any charge or imputation of
crime or offense and has hurried the persons so
arrested from home and vcinage 10 distant pris-
ons, and Kept them iDcarcerated there for an in
dehulte time, some OF whom discharged without
trial and in utter ignorance of the cause of their
arrest aud Imprisonment, and others il caused To
be brought before courts created bv itself and
to be tried and punished without law; i'm viola
ton OF the constitutional guarantee 10 the citizen
OF his right TO keep and bear arms and of his
rights Of property, il has forcibv deprived as
well the loyal as the disoyal OF both: IL has
usurped the power To suspend the writ of habeas
corpus and TO proclaim martial law, and has es-
tabished military tribunals in States and parts of
States where there no obstruction To the due
administration OF the laws of the United States
and the States by the civil courts and authorities
ana ordered many citizens who were not connect
Ell with the Army or NAVY. to be dragged before
its drum head courts, and to be tried by them for
new and strange O0enses declared by itself and
by an uedehned and ndehnabe law being hut the
arbitrary viii OF the court ordained 1t pleasure
military despoism in the loval States by means
OF courts martial. provost mtrshals and military
forces, governed neither by law principles nor
rules. from whose tyranny and expressions no
man Gan claim immunity; all OF which must be
repudiated and swept away by the sovereign peo-
pie.
10 That free press, free speech and free
elections are tie great and peaceful forces bv
which the NEUTRALITY-SUSPICIOUS. OF our Government
whether in the legislative or executive depart
ment, = prevented. reformed or reversed aud It's
authors brought to public condemnation and pun
shmeut: ard those bulwarkS OF constitutional
government md popular liberty are formidable
To malveTs itorS. usurpers and tyrants only, and
they must be upheld by the people AZ all haZlrds
10 That aS the Constitution and laws afford
no means TO exclude from the office OF President
mau appointed to il by military power. or who
Is declared To be chosen to II bv reason of the
suppression OF the freedom OF election, or by the
exclusion OF legal voters from the polls or bv
any other means. the people Of the United States
would be incompetent 20 defend and unworthy to
have received the rich heritage of freedom be-
queitheri TO them by their fathers IL they permit
that great Office 10 be filled or in any other
mode than by their own free SURFACES
IL. That the scheme of the President 10 bring
back the insuIgent States j. open TO many and
insHperable objections The parton AMI amnesty
offered by him l. upon the condition that those
who accept il shall renOunee their right to their
slave property. and swear to support his uncou-
sti'utiona proclamation and unconstitutional acts
OF Congress, which attempted 10 take il from
them he must have intended to put this cond
ton in form 80 ObnV xious to secure its reiec
ton by most OF those TO whom IL was offered
He affects the position that ten of the insurgent
States have forfeited dissolved their State gov
erna ents. and requires that tley be reconstructed
on a condition prescribed bv himself and this
ags'inst the true principle which he and the leg
I>lauve department OF the government hid preyi-
ously recoguizei-that all the acts OF the insur-
gent Ssate- and people tending 10 their secession,
separation and Independence were void: and when
the iuundltion with which their iusurrection coy