Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-03-23
military one, 50 far as related to the civil affairs


of the state. regarding slavery a o purely civil
reiafion3 If the military necessity did not exist
on January l. 1868, why did itexist on the lrh
Of January, 1864, so far as related 10 New Or
leans and other parts of the state excepted BY the
president. Under what power and right, then
did Gen Banks declare void the constitution and
laws of Louisiana as 10 slayeryt Can anv man
telli Was il on the ground that Louisiana, a
state Of the United Sta;es. had been conquered
by Abraham Lincoln, and was subject TO gov
ernment by him, upon "a plan outside of and
wholly unknown TO the constitution" of the
United Statess i that, or is il not, the basis Of
emancipation and reconstruction in Louisiana.
Has the president of the United States, using the
army and navy thereof, power under any pre-
tense, or for any cause, 70 conquer state Of the
union, so as 10 give him or the congress power
TO govern il outside OF the constitutions Is the
government of the United States, ar some times
and for some purposes, in It's relation TO the
states, constitutional government, confined
within the constitution, and at other times, and
for other purposes despotiSm outside of and
unknown 10 the constitution, and in both cases
q rightful government
The government of the United States sir, as
understand it, is no such incongruous system, no
such Janus faced anomaly as the theory of this
bill and of this administration would make it !; it
is not at once law and no law, liberty and des-
potsm; it IS no form of horrible monstrosity
like Millions Sin
Woman 10 the waist and fair
But ended foul In many q scay fold,
VoiLminous and vast, serpent sTnl'c
With mortal sting
For one / desire more light from the gentlemen
of the majority as to the character of the duplex
government they have developed into such Wig
Orous life during the last four years. / desire to
know, for my constituents and myself, under
which government, the constitutional govern
ment of the United States, or the despotiSm of
the president or congress, il is our privilege 10
live. Under the constitu ion, l know their rights
and mine: under the despOtism am tossed upon
a sea of conjecture; forever wander in the mazes
of uncertain argument knowing neither the char
acter nor limit of rights federal state or personal
The practical evil of these dangerous hcreSies
which are daily obscuring in the minds of the
people all correct ideas of free constitutional
government and breaking up the tounda ions
and framework of the constitution, and establish
ING deSpOtism that governs BY It's own diScre-
ton and Judgment of expediency and not by law,
is apparent not alone in Louisiana and other
states declared 10 be in rebellion. but in states
not in rebellion and where there can be no hon
pretense for the exercise of powers extra con-
stitulional.
a military court, composed of elements afford
ing no guaranty OF Justice TO any man whose
political opinions were not in accord with those
of The men in authority, has lately for months,
in defiance of the constitution and laws of the
land, been engaged in trying citizens of nv own
state for alleged conspracies against the govern
ment. Three of those citizens. up 10 the time of
their arrest, were men of good repute, and appa-
rently peaceful, law-abiding men, have by this
military court been convicted and sentenced 10
death, and now await their doom in prison at In
dIanapoliS. with no apparent hope of life but in
the clemency of the president.
Citizens OF state pre-emlnently faithful 10 the
union, where courts of law are open and the court
Of public Justice unobstructed except as this ad-
miniStr3tion has obStructcd il by lawless invasion
of constitutional rights il was the right of these
men, wholly uncOnnected as they We're with the
military service OF the United States. if they
were guilty or accused of any crime known TO
the laws, 10 be indicted and tried according TO
the laws, before jury of their peers, and that
they have not been so indicted and tried is in nv
Judgment tlagrant outrage, not alone upon the
men accused, but upon every citizen of Indiana
who, by the precedent in this case, becomes
exposed without protection of law TO the same
Danger.
l speak of this case sir, III illustration and by
way of condemnation, not because of anv sym.
pathv with the condemned men in any purpose
or conspiracy they may have formed or attempt
ed TO execute hostile to the state or federal gov
those who know me best in Indi-
ana know where 1 stand in regard to these men
and al secret political societies and their alleged
ronSpiracies-but because l desire that, in their
case as in any other the law should be vindicated
by the law and because / believe that this should
be free, and not a despotic military govern
ment; and that the vilest criminal that ever
crouched before the bar of public Justice has
rights before the law that should be sacred in the
eyes of magistrates and people.
Pending the progress of themilitary manipula-
ton of a portion of Louisiana, comprising,
mainly, in votes, if not in territorial area. the
city of New Orleans, into . reconstructed state
TO the presidents plan, the bill of the
last session. commonly known as the recon
struction BILL and identical in its title and SINH
ar in its general purposes 10 the bill now before
the House, was reported from the committee on
the rebellious states, debated, passed on the 4th
Law of May last, sent to the Senate, debated and
amended there, and finally adopted as il passed
the House on the I'd of July last, and sent TO the
president for approval Ii was not approved by
aim, for the reasons stated in his proclamation
Of the sth ofJuly last.
The presidents objections to the bill NAV be
summed up in three pointE: First His unwil.
ngness "to be infexiby committed TO any sin
lie plan Of reconstruction" Second. Thai the
effect of the bill would be to set aside and hold
Tor naught the free state constitutions Of Louisi-
ana and Arkansas, adopted under his proelama-
ton of the sth Of December, Third That he
was unprepared to declare by an approval of the
Dill "a constitutional competency in congress 20
abolish slavery in states"
Is II not wonderful, sir, that the president, who
had swallowed the camel of executive emancipa-
ton should thus have strained at the gnat of
congressional abolition If General Banks
rould make void the constitution and laws of
Louisiana bv military order why could not
congress do the same by legislative sct2 Was
il, sir, an honest constitutional scruple or love OF
power that pointed this objection Of the president
to the congressional bill
The suticieney of the presidents reasons for
vefoing the reconstruction bill were,
soon after the publication of his proclamation.
considered in an able paper made public by
senator of Ohio, iMr Wade and
IN equally distinguished member of this
House, Mr.. Henry Winter Davis The tenor
of their mastery and conclusive argument
against the president Is best stated in their own
words, when they say of the presidents anoma-
ous proclamation:
4 more studied outrage OH the legislative
Of the people has never been perpe-
rated"
And further.
IL Is blow Al the friends OF his sdministra-
ion, at the rights of humanity, and the princi-
Dles OF republican government"
These assertions answer so far g. their authors
.frr, to rra hon ~