Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1864-03-08

equal advantages OF educatloD JuoRe nofkf,
now General HovEY, wrote the first opinion put
ting down the local school system unconsti-
tutioua. See Greencastle Township vs.. Black.
Ind. Rep, 557.
Next came the attempt of the Republicans to
annul that provision of the Constitution which
ordains that no money shall be drawn from the
treasury bat upon appropriations made by law,
and to induce the executive officers to put their
hands into the treasury discretion and take out
the money. Here, again. the Supreme Court
upheld the integrity of the Constitution.
Next came the Republican War POtoer. with
its iron heel. trampling upon the Constitution,
aud the liberty of the citizen Judge RAY de-
cided that this all dDht. that the citizen had
no redress. and turned GRIFFIN out of Court for
violating the Maine Law enacted by the Provost
Marshal Here, again. the Supreme Court stood
BY the Constitution and the liberty of the people.
The Republican party. however, to show its APP
prevail Of the doctrine of arbitrary arrest and to
make il the issue in the coming election, imme-
diately nominated Judge RAY as their candidate
for Judge of the Supreme Court. showing that it
Is a part of their policy to secure a Court that
will, as they expect, register Executive and Pro-
vost Marshal edicts. The Republicans, in the
coming canvass, have thus planted themselves
squareIy upon the platform of arbitrary power.
aud invite the people to uphold them upon it,,
and thus surrender to them their liberties. We
shall see if they will do il.
As +, sample of the operation of government
by arbitrary power. we give the following case,
decided by the Supreme Court. and which We
take from the 2lst volume of Indiana Reports,
now passing through the press. The title of the
cause is SKEES VS.. MoSKEINER.
ArrEAL FROM THE RIPLEY CRcUrr CoURr-
The following special order issued:
ur,pVu aKrERs DISTRICT OF INDIANA ANpl
MIculGAS. indianapolis. Aug. 3. '63. (
Specis, Order No. A.
Col. Conrad Baker, assistant Provost Marshal
General. State of Indiana, will arrest and send
10 these headquarters all persons engaged in
stealing, conceaing. or preventing the delivery
OF any Government property, any property TO
which the United States have just claim. Col.
Baker will instruct his Provost Marshals accord
ingly.
Dl tomHaDu VI utu. lICOX.
Robert W. A Hutchins Captain and A. A.
General.
Col. Baker, BY John G.. McGuist0n. Captain
AMI Provost Marshal. forwarded the foregoing
order to Jeremiah ID Skeen, Deputy Provost
Marshal Tor Ripley County. Indians. with in
s,ructions TO prudently carry il into effect. In
so doing. said Deputy Provost Marshal Skeen.
apprehendug that Dederick Monkeimer had
stolen horse belonging To the United States,
arrested said Monkeimer, msro nIofu and took
him TO Jail in Ripley county, and required the
Tailor TO cosfne him therein. which said Tailor re
fused To do; whereuDon said Deputy Provost
Marshal Skeen required the jsilor to surrender
the keys OF the Jail 20 him. which the jiilor did
and thereupon said Deputy Provost Marshal
Skeen locked said Monkener up in a cell OF he
Jail. The next day Monk elmer ohtaiued thorough
III. T. Ferris. ESQ. his counsel. from Judge
Chapman. of the Ripley Circuit Court. Indiana.
writ of habeas corpus. upon the return OF
which he was set at liberty by the judge. no yer
fled charge of any offence whatever being pre-
ferred agsint said Monkeimer.
Deputy Provost Marshal Skeen appeals TO this
Court on the ground that Judge of the State
of Indiana bad no jurisdiction or power TO take
Monkeimer from the prisoners cell-he AYERS
that he is Deputy Provost Marshal of the United
States for Ripley county, and that he j., there
fore not liable 10 answer 10 State tribunal IN
relation to any arrest he may make by color OF
that office. nor TO obey the order OF such tribunal
for the release of prisoner 50 arrested
We have said all that desire saw the
general question raised Of jurisdiction in the
Ohio and Mississippi Railroad Co. '. Fitch. %
Ind 49S
The case is simply this Deputy Provost Mar
shall Skeen suspects that Monkemer has stolen /,
horse or prevented the returning of a horse. or
something else belonging TO the Federal Govern
ment and he, without any charge being legally
preferred. arrests Monkeimer. confines him in a
felon's cell till il suits his convenience 70 send
him to military headquarters NON. If he can do
this in one ease. he can do il IN all. and arrest
every human being in his county and serve
them in the same way. il he 1nd Jail room
enough: and il Deputy Provost Marshal Skeen
en- do it in his county. then the DEPUTY Provost
Marshals of all the counties in the United States
can do il. and thus every citizen Of the United
States NAV be arrested imrriSonei and sent tn