Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1864-03-18
r,~ great INDIANA oecr.,on

the Great indiana Decision
The Oberlin declaration of State Rights. which
was teoroduced by ~ "A few DAYS ago. fairly took
away the tfeath OF those two Abolition journals,
the Commercial and Gazette. Only one of them
the Iatter-has recovered speech. and il does
not answer OUT interrogatofy whether or not II
indor.es IL name under that Of Chase. CiSh.
CLAW. spooner Rufus Spaldng. Ralph Plumb.
JUDGE Tilden. aud the Operlin syuIpaihizers, on
the buck OF Thomas Jefferson's famous Kentucky
Resolutions Il found grea, fault with the En-
aurcr for it, fidelity 10 State Rights but the quo
tat:on OF the Oberlin proceedings have silence1 il
for nearly month Lately Il ventures timidy /
q carp the great Indiana decision IN Griffin vs.
Wilcox where the Supreme Court broke down I
the var power of the President IN that State by /
showng that martial law could only exist where 4
the Courts we're closed. and not where. IS in In I
diana the judicial force ample 10 10 justice TO
All parties In civil and criminal cases We can I
not be TOO grateful for tia, decision. tpo proud
OF the Judges who pronounced IL. aud who intend,
"a we understand. TO insist upon their right a
tribunal OF the last resort against aEy Federal in
reference By the President. the United States
Sapreme Court The people OF Ohio. we'll a.
the people ~ Indiana, will come fully 20 Appre
ciate tie extraordinary value OF the safeguard
which the Supreme Court in that case threw over
them all. for il Is hardly possible. after such an
iustroGs example OF learning ability and indie
pendence that Own Judiciary should not coin
eide with il.
We cln not TOO often call attention to the
grounds OF the decision referred to in the re-
mark Of the Gazette against Il: II not deserving
the name OF argument. they are at least fresh
prosocstions 10 continue the line OF former
discussions We owe great debt TO the lndi-
ana Judicisr, and that debt j. Increasing every
moment " h.le We are writing dispatch comes
from indianapolis the f,l,owing effect: Judge
ferk ns. oi the Supreme Court OF Indiana, has
been notified bv Col Conrad Baker. Provost
Marshal OF the State. that he has issued "A writ Of
habeas corpus in ron,rayention OF the Presidents
procla nation and the fact had been reported NJ
Washington. We prepared Tor this rude
Interference of the same military power with our
sscreU courts of justice lt has been going on
here Tor long period and has had some paltrv
advantage over a PTob4te judge, and a Sheriff
who wa directed 10 arrest Lieat Kemper for
contempt in 4 where he disobeyed the vital
writ of liberty. But il has come 20 an issue.
probably, IN Indiana, aud We are proud and hap
py 10 SNOW that the great ability. learning.
spirit aud weight Of the Supreme Court of that
Sia'e will be equal to the. emergency. Every
srecintn Is deeply Interested IL supporting the
Supremacy OF tbs courts over the military anu
sent military assumptions OF courts martial and
PaBvost Mlrshals in all cases relating citi-
zens not connected with the army Let the
abuiion organ OF this civ. the 6 zelte, sheer
1t the IN guitusle OF the present crisis. aud try
BY shtiiSw Jokes To iiscrelit the highest tr
buba in lndisna: the Court Tor di~posing final
". and IN The last resort. OF the lives. liberty
anl property ot the people: Court whose dig
nifty - great that the President of the
Usaei S,ltes himself 20 commit the crime OF
murder anywhere N that State. and have been
condemned. alter trisi. to ne hanged Tor il. II
could. by IL own cons'itut onal powers. aud tree
from any earjhlv control. remit hS sentence, or
order j. 10 be strictly executed.
Let "a look for moment. before we leap. into
the future which Provost Marshal Generals are
eviiends preparing for the people of Indiana
IL may be the same with ourselves Indeed II
depends largely upon the Supreme Court OF Ia
diana; more Ne appsehend. than upon our own
Supreme Court whether otficous violence shall
be n un,e arrested: and the consequent reign OF
terror averied
What has the Supreme Court of Indiana al
reaiv done! IL has decided that there Is no such
thing A. martha! law ia that State. AMI that citi-
zeus OF Indiana cannot be subjected TO military
law eniess thew belong 10 the army or navy. That
the arrest of citizen. for violating military
order. by a squad OF soldiers is unlawful, and can
not be pleaded in bar OF AN action for damages.
Aud that the in that case for selling liquor
20 soldiers i not unlusih bic ami Illegal
Oh the arrest of pun ic >pe lker tor addressing
tanc- for there i no doubt Of its soundne>s. and
il comes from the source of al judicial construc
tion in one of the most powerful sovereign
States of the North-west IL WILDE apreceient
for the hundreds OF minor State Courts. and will
be followed in Ohio and elsewhere The same
Court which pronounced il will 20 forward. no
doubt. when the arises. and hold tat the
citizen lawfully resist ~ n uni awful arrests.
anil that Il The treSp,s>ers persist. they may be
Ifr.f hQ
rishtful self defense
The bill ct March. 1863. which Senator Btyard
CALI in hiS printed speech the bill u appoint
Dictator under the title OF "an act relating Ia
babess corpus and regulating iudicial proceed
incs in certain ct>eS. profe~se> "a deieg'te To
the Pres ieut the right 10 >usoeni that writ OF
liberty. ami processes 10 authorize The removal
OF riv, and criminal cases out of The state courts
into the Inferior FEEDER courts. at any Stlge oi
the proceeling> where the assumed powers oi
tie military and semi-miit,rv are concerned.
That distinguished Senator. Who tuok halt The
ie srnng ami more than half the dignity OF the
bsiv away when he resigned his seat. because Il
WIS M longer worthy D. nm. denies the = 10 ol
susDendins the htbe,s corpus IA any other ct>e
eKcep; invasion rebellion. aud then erts that
il c,n ody be done by Clagres, passing a Law
70 that effect He holds that Clngre-~ can not
delegate The power Of suspension % the Press ieut
AMI . fsrfi9ri that the latter can n,i delegate .
% hi< .sai--rs H. All -<her ease, The privilege
OF the writ rem sins-the writ itself beng the
summary remedy Tor the protection OF the per
s0nsi liberty OF the citizen. The right OF the
e'tren 70 due process OF law in all cases Is yer
different thins isoE the remedy ior ~ pratec-
ton. Vet se often -oufouad them. And even as-
s,sn tae higher Importance to;he ~rit thtu 20 the
right
The amendments "a The Constitution we're
necessary "a IT. sdoptiaa bv the several State.
Who we're g become the nu.e. u lie c,,n...f
Thev we're not sstshei With The ori..ipti draft
a. q came lrsG Tie haads Oi tie csnvsuti.,., ~
Phlslei-s ia The fourth amend net states ~ Il
the ri..fs- 81 the people 90 De secure IN their
perslu-, asu>es. ptpers alg egsrls asainst IN
r~ssofisee seirrhes anl - xnres. shall No, be n
0ls'sd: an1 NJ warrants shall 'ssgr haf gron
probable csa-e supported bs oath or 4lhrmltion.
sod particularly describing the place 20 be