Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1864-09-19


can hardly believe il 20 he necessary. in order
secure the right Of suffrage. I trust no sucl
necessity exisf-, NAV exist in our cOuntr,
know there are bad men. and not a lev, ever
here, ~ho would do almost any Iawless act 10 de-
prive their political opIoDsnts Of fair and eQnsl
election; or, indeei. Of zny election u alt.
say know t: and say g.. because have hesru
them make declarations TO that efect-declsra
tions full of violence. brutality and blood. ]
trust. however. thst better feeling will prevail
Ihs; Law abiding men OF all parties. peace-lovins
men everywhere throughout the State. will TAX.
hold of this matter and see to it that fair sn,
eQusl election be held-thst there be no frsui
no violence. no blood,hei Then all parties will
be satisfied with the result; sud rood feeling and
brotheriy love be restored. IL 10 only when on'
party fesls wronged in a contest of opinion. hk'
this. that i'll feeling and bitterness can arise
When elections cease 10 import any verify, thei
t 10 that the seeds OF revolution are so~n- l de-
sire. therefore, 10 be perfectly uuderslood. /
hold that the worst of all fevoutionists are thos,
who proceed by unfairness and fraud The mai
Sho commits an election fraud. better deserve.
10 perish UNANIMOUSLY. than the cold -blooded a.
sassn. he poisons the life of the nation st i's
founiainhead. OF this crime is every one guilty
Who casts, or induces another TO cast. an illegal
vote; or Who deteTs, BY force, or thrests. q legal
voter from going to the polls l trust thst ne
such practices will be tolerated among Us. Should
snv one force in such cause. upon his head
will rest the fearful responsibility OF all that ms,
follow Let US, however, cheri-h better hopes. snc
kindlier feelings. Let the arms We use be tho-.
of persuasion and kindness Let US all strive,
on the DAY, when the nation is eudeavoring 6
.s~ -. Ill a. n
OF peace makers; "ior they are the children
God"
MARTIAL Law.
I como In the next place. to the consideration
OF martial law which has been invoked by some
OF our citizens, who are the devoted friends oi
the Administration. and ayoweily so OF the Con-
stltuton. Whist il this martial law they 20 much
desire? Have you asked yourselves thar ques-
ton Ii 20. have you taken time to answer il I
Ii not. would it not be better TO do 80. before
YOU sgain ask the Administration for so great
blessing | will tell you what is is Ii is the
substitution of Abraham Lncoln's military or
der, for the Constitution and laws which through
your representatives. or by your own votes, you
have enacted. or adopted The order placing
you under martial law At once susJ ends and. ss
long as i: remsns in torce. annihiates every pro-
vision OF the State and Federal Constitutions
every department and power OF both Govern
ments as far ss the stricken district 10 concerned
IL is the destroying angel of all popular rights
The President becomes absolute lord and mas
ster OF us all. by virtue Of the declaration OF
martial Law. Are you prepared thus .urr~n-
der AT discretion 20 All absolute ruler If 80, you
have no right 80 voice among free men for
you are already slave
That | do not over-stste the effect OF declar-
alton OF martial law in any State. permit me To
cite q few authorities
m irtial Law is the Law Of war. that depends
on the just. but arbitrary power Of the king. OF
his lieutenant; for though the king doth
make any law but by common consent 10 PR
li,ment. vet in time of war. Dy reason of the ne
ces>its OF it. to guard serinst dangers that often
arise. be useth absolute nower. 81 thst his word
i lsw."-Smuh on the English Republic. Book
2, chap 4.
Again:
1.-The N ,rtial lac. according to Chief Justice
Hale. ia, Ia reality, not q law but somethng in
dulged. rather than allowed ~ q Law and il re-
lstes only 10 members of the army, being never
intended to be executed upon Others Who oughI
to be ordered and governed by the laws TO which
they are subject. though Il be in tine OF war -
Hate's His ofthe Lam 39. az cited by Jacob, ia
his Lou Dictionary. 1ale. Marital Lap
Again:
person might lose life. member or liberty, ms,
not be permitted in time of peace, when the
Kings courts are open for all persons to receive
Justice ibid 40
Snch il the nature Of martial law-mere per
sonal despotsm-sbsolute irresponsible power
IL is never allowed in England when the courts
are open; and never extended 10 citizens Who
ought to be governed by the laws" Now, |
think you will not ask for such Q blessing
again.
Let US next glance at the history or Martial
Law; and learn. II We may. what resistance our
sturdy English ancestors-mine we're Irish made
10 TIN. species of despotsm. | shall not 20 back
heyond the reign OF Charles the First. although
there are to be found all along the path OF Eng
lish history. noble precedents that might teach
Us how to maintain our liberty. Ii j., however,
enough for my purpose 10 fud that in the thru
year of Charles the First. Parlisment extorted
from that unwilling king the Petition Of Rghts;
aud. in il. the solemn grant Of this prayer: "Tla
the aforesaid commissions for proceeding by mar
tal law may be revoked and snnulled; and that
hereafter no commissions of the like nature may
issue forth ~ sny person or persons whstever,
TO be executed AS aforesaid. lest by color OF them
any of your N .jesty's subjects be destroyed or
put to death contrary to the l.ws and franchises
IT the land" : a. g. Car ,ci
These commissions hsre prayei against and
prohibited did not even embrace the trial Of
other than soldiers Hslam, speaking Of them.
says: The commissions To try military Offend
ers by martial Law: procedure necessary within
certain limit to the discipline OF an army, but
unsarranted by the Constitution of this country
which vas little used 10 any regular forces, aud
stretched by the kings adnini-trstiUn beyond
all bound," CoDst. His. p. 223
In discussing kindred topic. aud one. indeed
embraced in Il. The same author observes that
kings love to dispiy the divinity with which
their hstterers invest them. in nothing 80 much
IS the instantaneous execution OF their will; aud
20 stand revealed. ss it we're, in the storm and
thunderbolt. when their power breaks through
the operation of secondary causes, aud awes =
prostate nation without the Intervention o, las -
ID ,I43
THK PswkR TO DECLARE MARTIAL LAW CONSIDERED
OK PRIScIPLE.
!. Il will scarcely be denied by any one. and
certainly by none whose opinion il entitled To the
least consider ,Ion that all The poper the Prssi
dent has. or can possibly hsr,. 10 declare msrfiol
lsr, or to do any Other sef. he derires from sone
grant -euhsr erpress or implied contained ia hs
CoRstngtisn de H. the creature of the Con,titu-
tion. Beyond II ne does not. aud cannot exist ss