Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1864-02-05
a ssew for csnsttsuttenai Ltberty-
Decision Of the Supreme Court Of

We Published on Monday last the opinion or
decision Of the Supreme Court of the State upon
Che war power Of the President or the military
authority Of the representation Of the government
In the present juncture Of our public Affairs TINS
question l. Of absorbing interest to every citizen
a. il involves the rights. and duties and oblga-
tons Of all ~ho owe allegiance to the govern
ment As matter Of public interest, therefore
We reprodace the following comments OF the
Cincinnati Enquirer upon the decision OF toe
Court. and commend them to the consideration
of all who value constitutional liberty, and are
ready. a. we're the patriots Of the.revolution, to
maintain il With the pledge Of their lives. their
fortunes and their sacred honOrs. Says tie En-
qaires:
We publish 10 day decision of the Supreme
Court of Indiana which j. worthy the attention
of the friends OF constitutional liberty IL is an
able examination into the military authority Of
the government: or according q the current
phraseoiogy ef the times, 1.-The var power OF the
Constitution" and Indicate, 10 some quarters az
least the tendency to return to the better doc
trines Of happier DAYS. The appellant in the
case, n citizen. was arrested and imprisoned upon
a charge of having violated the order OF Pro-
vost Marshal, prohibiting the sale OF intoxicating
liquors 10 soldiers within the CITY of indianapolis.
After bis release he commenced suit against the
Provost Marshal. Captain Wilcox, for false i'm
prisonment. The Captain. in his answer. JUST
fed the order and ia execution by the command
Of his superior the Provost Marshal Of Indiana.
The Common Pleas held the justification sufi
Gent. and A bar 20 the suit for damages: and
upon this the appeal taken to the Supreme
Court
The doctrine supported by the advocates of the
war power and practiced upon by the Admins
trstion, is that the fact Of the existence Of war
any where within the boundaries OF the original
Union conferred upon the Administration the le
climate power 10 suspend the civil law every
where, and TO subject the people TO the operation
of martial law declared and executed by military
officers acting under the express or implied au-
thority OF the President. The end sought To be
obtained was 10 REFUGE the citizen, 80 far as BIZ
obligation to Obedience was concerned, TO the
condition of soldier OF the army. and to exalt.
in all cases. wherever the Administration should
choose. the military above the civil jurisdiction
IL is strange that men protesting to regard con
stitntional liberty az valuable should be found
not only uph0ldng practices IN conformity with
thu ldet, but actually taxing their faculties to
construct arguments in support of them upon
principle, hut il is mo- less true than IL Is strange.
IL isa fact that there never was dcspotiSm up
on the face of the earth that had not its advo-
matters of government, and To be guided by mo
tives of the most disintercsted character and IL be
fore this. i'm the United States, hopes OF better
things had been entertained, nothing Is truer IN
the liga of past events than that such hopes
without foundation.
IL - not our design to review the decision of
the Supreme Court of Indiana at length. The
doctrines which il upholds those which We
have. in our imperfect way, endeavorei to keep
before the minds of the people for which We
have. in innumerable instances. been taxed with
disloyalsy. In the eyes of the organs OF the AL
ministration, when appearing in the columns OF
the Enquirer. they have been the badges of
treason. and proof positive of sympathy with
secession. Nevertheless they are doctrines with
out the recognition of which good result
from war. any safety follow peace return
10 them in practice is the only thing that can
give efficiency To military operations, or preserve
the country from that anarchy which now
threatens TO overthrow all law and constitution,
and make despotism the only refuge from even
greater misfortunes-
The decision is an able and conclusive defense
OF the rights of the citizen and of the civil Juris
dcrion in all places where actual war does not
exist. 1.-The existing rebellion IN the United
States" saws the Court, "vast as il its extent Is
not general, but local. 1t Is confined to the
Southern States IL is a sectional rebellion.
The right of the military officers 10 govern by
martial law arises from the fact of existing or
Immediately impending force, at given place
aud time against legal authority" Governments
have no right to create war IN tranquil section.
and in the midst of peaceful population; and by
virtue of such creation take the rule from the
hands of the civil authorities. declare new
crimes and constitute tribunals to InHict upon
citizens i'm no way subject to military rule,
new md barbarous pLnshments. SAYS the
Court:
1--WE feel constrained. then, TO come to the
conclusion that the power of the President l.
limited 10 the simple right OF exercising marital
law. simply As a military chief, locally and TEN
porarily where actual or immediately impending
force renders it n military necessity No other
doctrine can be reconced with the Constitution
of the United States. oris compatible with the
liberties OF The people
Entirely germain 10 The matter IN hand are Ger.
tain remarkssof the Court having relation To the
nolitical condition OF the rebellion-its original
design ami the effects of its success. 10 over
throw the Government of she United States. lie
stroy constitutional liberty, and exungulSh Tor
ever all hopes of the existence OF tree Institutions
are the crimes ~ith which the leaders OF the re
bellion are charsed with having resolved 10 con
summate The war i. therefore, represented 10y
the orsaus Of the purity in power a. a war for lib
er,y: and we are constantly being told, in the
face OF ts obvious untruth. that, il the South
shall succeed gone will be the hopes of freedom
Tn man kind, now and forever. Indeed so siren
uously determined are those organs TO have tins
falsehood believed. that to deny its truth has been
put upon the footing of treason against thSGov-
eminent: and the time has been when hes"ould
be worthy TO be considered courageous man
who should dare to affirm in public assembly
that We were simply fighting for the doc 'rine OF
territorial ndivisibitv. and that neither wi 10
erty nor the Constitution were. IN any way, nec
essarily implicated in the result. In corrobora-
ton OF the views which we have sometimes ex
pressed, therefore, we are glad to cite the opln
ion of the Supreme Court of Indiana body
whose LOYALTY few will dare to impugn:
The rebellion itself did not originate in any
attempt. as we have read is history, TO over
throw The Government of the Utited States: and
now il Is ostensioly prosecuted for 'hat purpose
The rebellion consists in an aitempt.i II We have
read Alright, 10 withdraw certain portion OF the
people aud territory from under the jurisdiction
oil the Government of the United States-to III
vide the Union. leaving the North under eX sting
government, and placing the South under a new Is
created government
That i TO saw. tie people Of the South are
irving to do that which the ancestors 81 the PEG
pie Of the United States, North aud South. tried
To 10 on another occasion. and succeeded. The
doctrine upon which the first attempt made
was that "the Just powers 81 the government are
derived from the consent OF the governed The
acts of the patriots OF the American Revelation
are ap,iy described in the very words ia which
tI. Supreme Court OF Indiana describes the acts