"The supreme executive power of the State shall be vested in the Governor, who shall take care that the laws be faithfully executed."
and that to this end
"He is made commander-in-chief of the military forces of the State, and vested with authority to call out the militia to execute the laws, and suppress insurrection."
This authority is supplemented by an additional law, whereby it is provided that when an insurrection in the State exists or is threatened, the governor shall order out the National Guard to suppress it.
Judge Gabbert says these are wise provisions, and we agree with him. But, in good plain, every day English, here is the way Judge Gabbert interprets them:
It is the duty of the Governor to suppress insurrection by calling out the National Guard. This duty implies that the Governor is the sole judge of conditions which constitute insurrection. That the Governor's proclamation declaring an insurrection to exist is law, binding on all other departments of the government That the military, under his command, may go to any extreme they see fit,
The Pinkerton Labor Spy. 141
killing and imprisoning citizens at pleasure, regardless of their guilt or innocence; and that neither the soldiery nor the Governor are responsible for their actions to anyone; not even Almighty God, according to General Bell, having authority to interfere; no earthly tribunal can halt them, nor demand an explanation from them, nor punish them. The practice of this despotism withal does not deprive any citizen of any constitutional rights or immunities.