Indiana American. [volume] (Brookville, Ind.) 1865-1872, 1867-03-22

1000, tue rebei general, John Morgan,
crossed the Ohio river below Louisville,
Kentucky, into the State Of Indiana, with
thirty fire hundred mounted rebels, and
swept like q bosom Of destruction over
her fair fields, burning her railroad depots,
/ capturing her horses and provisions, rob-
bing her citizens, and shooting them down
wherever they resisted his onward march.
BY authority Of the Governor of Indiana
aud President Of the United States, as
commanderin n-chief of the army and ma.
w, over fifty thousand Of the gallant men
OF the State were organized and mustered
into the service to resist the invasion of
that rebel horde and yet we are told that
there was no "war in Indiana, or need for
bayonets to protect the civil court, nor
military aid to execute its Judgments .
If those venerable-looking gentlemen in
their black gowns will 90 with me to the
green hills which overlook the old town
of Corydon, the first capital of our State,
| will point them to the grave-stones Of
the gallant men Of Indiana who fell in
battle defending their and my homes from
the ruthless acts Of an invading army.
Our troops, though extemporized, threw
themselves on his front and rear, annoy
ing, but unable to capture him, drove him
out Of the State into Ohio, and across that
noble State to within fifteen miles Of the
Pennsylvania line when he was headed and
compelled to accept battle, and was captur-
ed with his whole army and equipments
by the combined troops of Indiana, Ohio.
and the United States. For six weeks l
followed the track Of that invading army,
collecting and disposing Of its debris, by
order of the United States military author
tiles aud yet this grave court assures the
country that it has judicial knowledge
that there was no war in Indiana, and that
the court was always open. needing no
bayonets to protect it, and no military aid
to execute its judgments"
No sane man dares deny that If the mil.
itary force maintained in Indiana and on
her border had been Withdrawn, in ten
days We would have been overrun by rebel
hordes, utterly ignoring all civil courts
and their processes; and yet our grave
court Informs us "that it needed no bayo-
nets to protect it, and required no military
aid TO execute its judgments in Indiana"
The courts were only open by the grace of
the military commanders, and while the
distinguished justice who delivered the
opinion OF the court asserts "that the court
had judicial knowledge that the Federal
authority was always unopposed and its
courts open in Indiana he was doubtless
obliyious of the fact that word from
their commander to file Of the "boys in
blue" would have changed the judicial
status and rendered military courts martial
indispensable to life, liberty and property
within the State of Indiana. If John
Morgan, by authority OF the rebel "bellig.
erents," made war on the United States
within the State Of Indiana in July, 1868,
and we by our strong arms drove him from
our borders, and held those rebel "belllg.
erents" at bay continuously until and dur.
ing the trial and conviction Of Milligan
and his co-consprators, there was no ces-
sation of that war, and the military courts
had ample and complete jurisdiction to
try, convict and execute the criminals. 1t
is singular fact, that no case found its
way to the Supreme Court in proper form
to elicit its opinion during the four long
years Of bloody rebellion through which
we so triumphantly passed; that rebels
and their sympathzers were repeatedly
tried convicted and punished, and the
most defiant advocate of our "erring breth.
rcn," Clement L. Val!andigham, Of Ohio,
was tried, convicted and sentenced by
military commission, and banished by or
der Of the Executive, as commander in
chief Of the army, from within the nation
al lines, and into the camp of its hostile
enemies. Did the thunder of our cannon
and tread of the loyal millions warn the
courts and people that there was, as there
necessarily is, pending such struggles for
the life Of great Republic, q power Of
self-preservation even higher than the
written letter Of its organic law? fear
that there is wanting with the majority Of
the court that comprehensive and elevated
judicial judgment requisite to the full de-
velopment Of the moral power aud gran,
deur displayed by people resolved to
save their national life at all hazards. The
dictHm OF the majority of the court has
swept away all military power to protect
and shield you as race from the ruthless
hands of your old opprcssors, and soon
may follow other decisions, declaring the
Freedmen's Bureau, ciUa rights bill and the
test oath all unconstitutional, null and void.
aJ iaaio. As | look over this mixed au-
dience, and contrast this day and occasion
with the past history Of our country, and
congratulate the freedmen before me that
they are citizens Of this great Republic
and equal before the law with all other
citizens, am Inundated that there is i'm.
minent danger Of abandonment Of those
great principles securing these joint rights,
by the sacrifice Of over three hundred
thousand of the brave and good men Of
the Republic. We had confidence in time
of war that this our court would not be
found wanting in time Of peace. In times
gone by we said, "Wait little while, and
the wheels of time will purify and make
safe this our city Of refuge But how
long, oh God, how long yet shall it be un-
Ill truth and righteousness prevail through.
out the land? There is yet hope and
promise for you in the fact that God
reigns and protects those who love and
serve him. This is Government Of the
people, before whose fiat courts aud rulers
bow in humble submission. With them
VIC intrust your cause.-the cause Of hu-
manity in the triumph Of the
right. exhort you to study the duties OF
, "American citizens" and in the light OF
the Christian examples which daily sur
, yound vou nractica them Strive IN i'm