Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-08-04
VIZ. seward Rtngtng hts Little 8cil
AGAIN.

what do these people WANT Do they deny that the
eonspraors were guilty OF acts for which they ought 10
suffer death Do they doubt that Payne intended to
take my life why then make such cutlery about
the form Of his trial and sentenced
Such IL, in substance. the language which the
| Secretary Of State IL reported to have used in
| recent conversation To express his emotions to-
ward those who condemn the Executive for not
securing TO PAYNE, Surratt, and all the wretched
crew OF conspirators legal trial wherein there
would be compliance with the provisions and
guarantees OF the filth and sixth articles OF the
Amendments TO the Constitution
We quote this reputed remark of Mr. Seward,
not only because il indicates the temper of mind
OF the man who uttered il. but because il tcrsely
expresses the line of thought adopted by vast
numbers OF people who refuse to see anything
alarming in that violation of the Constitution TO
which all were parties who officially took part
in the putting TO death OF the Booth conspra.
| tors
The apathy OF the public mind as il witnessed.
and as it nov contempt ates, such trsmpling down,
| by men high in power. of the safeguard Of inno-
| csnce, is most extraordinary. Armed rebellion
was at an end when the Hunter court martial
was convened. The course of justice by means
Of the civil tribunals, along Is smoothly and
sternly in Washington during the conspiracy
trials as it did in Boston or Philadelphia This
calm and und- turbed flow of civil justice takes
away from the Administration oil possibility Of
putting in any plea TO JUSTIFY the plain. palpsbe
violation of the Fifth and Sixth Articles OF the
Federal Constitution.
To assert the guilt of the accused. and to have
the best possible proof commission OF an offense
punishable by death. do not deprive the cri minal
OF the benefit OF these constitutional provisions
! The President has sworn, on his Inauguration,
to secure TO every person accused of capital
crime the interposition of grand aud petit jury.
taken from the neghborhood of the locality OF
the ofense. But Mr. Stewards theories would,
in practical execution. enable Mr.. johnson 10
suspend the Constitution IN respect to every &C
cused person be deemed guilty.
/ Itwss just and necessary that Booths &C
completes should be punished. but il was equally
just and more necessary that the punishment
should be inflicted according to law The forms
OF law are a. important az the Law itself because
they secure protection to innocence, which is
quite as important as punishment OF the guilty.
Our forms OF criminal Law have come down to
Us from far of past, sanctifed by the sacrifices
of our Anglo Saxon ancestors. Trial by jury IL
justly deemed the safeguard Of English liberty,
which no sovereign dares withhold from the
gulltiest OF his subjects; ard that spirit of devo-
,ion to all guarantee, OF individual liberty found
expression IN the amendment TO the Federal
/ Constitution.
We may agree with Mr. Seward in thinking
that fsyne deserved death by hanging, but vet
that does not Justify his execution in pursuance
of the sentence OF Hunters Court Martial No
possible guilt OF Payne or Mrs Surrstt can fur.
n'sh defense for President johnson when ar
rsigned for failing TO preserve. protect and de-
fend" the fifth and sixth articles of the Amend
ments. The theory Of the Secretary of State is
plea for mob Law. lynch law, and summary
hanging by vigilance committees, and IL 10 this
aspect OF the condemnation of the Booth con.pi.
rafors which is 40 alarming.
Disregard Of the forms aud ceremonies which
once preceded the arrest and conviction OF &C
cused persons. Is now universal in Washington.
We read every morning OF suspected mAn ar
rested by telegraph There is no complaint on
oath before magistrate, spreading out the facts
Of the ofeuse, aud no warrant of arrest duly
issued Federal officers. who are mere clerks
order detectives to imprison citizens accused of
misdemeanors. Just as slough We bad no written
Constitution prohibiting 1t. The practice inst-
tuted in grave offenses - applied TO such lighter
crimes a. counterfeiiing robong mails. or steal
Ing treasury bonds. Let somebody believe the
suspected party guilty. and forthwith, in bis
case. the Constitution Is suspended
How long shall these things bey-New York
World