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Voursies Pelee Imprisone ment. The exciting case on the docket for the past week has been the prosecution of Charles Fournier by Frank Long, for faler imprisonment. Weiving, distinctly, all expressions of partiality in regard to the parties, personally, either of favor or blame, we believe the question involved in the prosecution, of sufficient moment and general interest, to justify, if not to de mand, consideration of the facte devel oped by the trial, and the law which gov erns the cane, ‘rat, then, Faournivr placed, as a gard over guerrillas, four negecos. The disturbance, if not, the administrative revolation, of the times, makes the law of the State, forbiding the entrance of negroes into Indiana a dead letter. The chief and really tenable objection to the proceesing, was the fact, that the negroes were not, in any proper sense, soldiers. They had not been mustered. The govern ment acknowledges no claims upon it, from men who are not mastered. The rights of the government, and its obli gations are strictly reciprocal. A man whom it will not pay, it can not call upon for service. ‘This must be the rule— whatever exceptions may have arisen from preasing exigences in the face of the enemy, are plainly inapplicable in this instance. If they were not properly soldiers, Frank Long certainly had as much right as they or any others, to fill their place. No crime was committed, in excusing the Aarkien, who were singing ‘Glory Halle lujham, * for five coat contributions from bye-standers, and supplying an efficient guard. ‘The second question which arisen, is as to the right of Fournier to arrest Long, presuming the latter guilty of a crime. No such right, or shadow of right,can be shown to have existed. There are at least two all-sufficient reasons why there was no right. First, a Legion Col onel, has not the nual power of a regular army officer, and secondly, no military officer have right to arrest a citizen, and subject him to military law, and military comrra. The third gross outrage, the last in degree, near the order of time, was the taking of Long out of the limits of the State. No palliation can, or has been attempted to be urged for this violation, alike of civil and military and Home Guard law. The whole cane then,from first to last,seems to be as sorry , one,and oil of mitigation, as we may well imagine. The serious character of the question which has arisen in this case, the criminal over-riding of law, the peril of the presi dent, and the inestimable liberty stricken town, we are in danger of overlooking. We know the parties, we are warps] by political prejudices, we are familiar with all the circumstances, as they have arisen in the progress of the case. Thus situ ated, we are little prepared to regard it with coolness and impartiality. We are eminently in danger of slighting the great interests it involves: the inestimable liber ty of the citizen, in which all have started in the Fourth of July style, which we have seen laboriously defined in legal commentaries, and gallantly insisted on at great junctures in the histories of many nations. A. B. C.and D. do not remind them selves that if, Charles Fournier has a right to arrest Frank Long, he has a right to arrest, in the same manner, either or all of themselves. They forget, too, that if Charles Fournier has a right to arrest them, that any man, clothed in a little brief military authority, haa the same right. They do not remember that it follows, inevitably and unquestionably, that any Home Guard official in Indians, haa a right to arrest any citizen of Indi ana. It has escaped their reflection that if Frank Long may be taken to Louis ville, any traveling lieutenant may, upon any charge, take any citizen into his cus tody, and transfer him to any military post in Texas or California. But men reply contemptously to this statement: ‘There is no danger of these wholesale ar rents, the suggestion is only institative of personal hostility, or political chicanery, or it is the fiction of a distempered fancy and insane clarm. By ‘ach argument‘, has tyranny always made its approaches Through the single rupture in the law, have the thousand errors and wrongs poured in. Despotism has ever had its beginning in each examples as thms, it hanever been slow and save to the most vigilant eya wholly imperceptible in its insidious approaches. By resolutely withstanding the unimportant first en croachment, on the other hand, has liberty ever been kept in the hands of the peo ple. Does anybody see it otherwise? If no, they are affected by an extra-loyal aquint. 27 A world of troops hav been moving up the river during the week. CF Leaner Ringer continue to fin ish good goods, 6 good folks, a4 good prices.
Newspaper Details
Cannelton Reporter
Cannelton, Indiana, US
Sat, Jan 21, 1865
Page 3
Full Page
Clipped by
Don S.
USA 17 Feb 2026
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