Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-06-06
MILITARY COMMISSIONS.


The Journal has an inside leading editor and
an outside leading editor. The one Is a preacher
With hyperb0lical tendencies and the other is =
lawyer with technical Isanings. The two sides
OF the paper do not always coincide 10 sentiment.
either. and sometimes they are in juItaposition
upon questions Involving both principle and pol
icy The court organ. in its issue OF yesterday
has an article upon Military Commissions. in
which IL takes occasion TO say: We can answer
for the loyal men Of Indiana, that do not join IN
eIecrating military commissions; on the con
rary. they think them capital institutions" AT
the sane time il comedies that civilians have
been convicted By these Illegal tribunals who
could not have been By the civil courts.
We refer 20 the expression Of the Journal. mol
because It's opinions have any weight With sensi
bic and fair minded citizens. for its readers can
not fail to be convinced that il il influenced
solely by bigoted pariizan views. and not by
either principle or justice. but a. text for few
comments upon the dangerous assumption oil
power. through military courts. to strike down
the civil rights and the personal liberty Of the
to sustain this view OF the case. We propose "a
give the opinions Of eminent lawyers who are
members Of the so-called Union party, and Whose
eminent sttainments end purity OF charac;er can
not be questioned. Mr.. Barns. the Attorney
General Of Mr.. LrNcoLs. has published series
of articles In the st. Louis papers, in which hs
takes most decided ground against military inter
ference with civil men and meddling with civil
government. In a late letter, Mr.. Bsrss use,
the following strong language:
AID may We not hope that many military
men. who have been made (perhsps unwilliDgly)
the agents OF unlawful power and popular op
precision, seeing that the occasion IL past. will a.
once confae themselves TO their proper vocation
as soldiers, and cease altogether from troubling
civil men. and from meddling with Civil Gov
ernmentf But, II unhappily. should be dis
appointed In this hope. then my advice 10 al
people il to resist oppression aud mis- govern
mcnt. aud by all the means which the laws
authorize Do l, calmly and prudently anC
taking care In keep the law always on your side
DO IL viii unaInching courage aud fixed pur
pose 90 press the controversy to- the eud Of thu
Law. IFS military officer presumes 20 interior,
with the Civil Courts. or To intefmcdie viii
popular elections. have him indicted for th'
ofense, no matter What Is his rank, aud prose
euted according TO Law. Aud IL any soldiers
high or low. do wrong to private person
under the presense OF military power let The
proper civil action be promptly brought aud
pressed 9TH all vigor. to a verdict and judgment
for damages Ny life upon it. this course. dill
gently and skiIlfully pursued. will soon bring
obstinate offenders 10 proper sense OF their snb
ordination TO the civil power
Recollect these sentiments come from one who
occupied the high position of Attorney Gene
raj during nearly the whole period OF Nh Lis
coLS's administration. and who had the entir,
confidence Of the late President
Hon. HORACE BfSSrY. Of Philadelphia. who's,
pre-eminent ability as a lawyer is recognized by
the American bar. has lately issued a pamphlet
on the Habeas Corpus. in which he points GU
the abuses which have been practiced during Ii
suspension. The following is a condense,
statement OF his reasoning upon the subject
which can only be properly appreciated by read
ing the argument entire
BE successfully maintains that the susren
sion Of the Habeas Corpus does not confer Al
unlimited. but only q qualified and restricted
power on the Government. itgves no authority
To arrest without a cause. Ii gives no authority
to arrest without warrant. IL gives no author
ity to arrest for any cause but treason, or some
offense kindred TO treason. which, like II, endan
gers the public safety. Ii gives no authority Il
do ANYTHING under authority of martial law; nor
on the other hand does martial law give any
authority TO suspend the Habeas Corpus The
one is civil the other military and part of the
authority pertaining TO the one is conferred by
the ether. The suspension of the Habeas Corpus
does not preclude judges from nquring into
cases of arrest under color of the suspension, in
order to see whether they come under the power
thus acquired"
IL the views entertained by Nessrs BAIKi
and BIRSKY are correct. and they sustain then
by irresistible arguments. it follows that the
acts of military courts, under the suspension Of
the Habeas Corpus. are illegal and unusti6abls
In fact Mr.. BArrs advises IF any soldiers, high
or low. do wrong to private person under tb,
pretcnce OF military power. let the proper civil
action be promptly brought and pressed with al
vgor to a judgment and verdict for damages
The Journal cannot charge that these are cop
perhead views of illegal courts. for they come
from the most eminent members of its own party
Notwithstanding these able and manly protest,
against the wrongful exercise Of military power
the Journal will still contend that military com
missions are capital institutions" for no othei
reason than they have been engines Of oppres
sion aud injustice to its party opponents.