The weekly Lancaster gazette. (Lancaster, Ohio) 1860-1863, 1861-06-20
VIEWS OF THOMAS JEFFERSON
BEARING ON THE HABEAS COR,
PUS ARGUMENT OF CHIEF JUS,

BEARING ON THE IiABEAS COR.
PUS ARGUMENT OF CHIEF JUS.
TICE TANEY,
The extract from the letter Of the great
Virginia statesmen, who maintained at
the period the EXTREMIST views Of the in
yiolable character of the writ Of habeas
corpus, will be read with interest at this
TINA 1t is taken from lis letter to j. B.
Colvin, written September 10, 1910:
The question you propose, whether
circumstances do rot sometimes occur
which make it duty iu officers Of high
trust to assume authorities beyond the
law, is easy of solution in principle, but
sometimes embarrassing in Prdctire. n
strict observance of the written laws is
doubtless one Of the high duies OF good
citizen; but it is not tie highest The
la ws of necessity, OF sslf preservation, OF
saving our country when in danger, arc
OF higher litigation. To lose our coan
try by sciupulous adherence TO written
law, would be to lose the law itself with
lie, liberty, property, and all those whl
are enjoying them with us; thus GbsarGls
sacrificing the end to the means. When
in, the battle of Germantown, Genera
WGshington's army was annoyed iron
Chew's house, lie did not hesitate to plan
his cannon against it, although the prop
e erty of citizen, When he beSioCe
o \ orktowr. he levelled the suburbs, ,frelin
e that the laws of property must ba post
d poued to tho safety Of tAe naion. Will
n the army was before York, the Governo
o Of Virginia took, horses, carriages, pre-
,. visions, and even men by force, to en-;
10 bic that army TO stay together ill it coul
IS master the public enemy; and Le wt
justified. A ship at sea in distress ic
,e provisions, meets another having abul
is dance. yet refusing supply; the law
self.prescTvation, authorizes the disue
OF sed 10 take a supply by force. In t
n, these cases, the unwrilt.n. laws of necess
r. ty of self preservation, and Ofthe publ
safety control the written laws Of n'eu
ry taum.
70, "To proceed TO the conspiracy of Bul
lis and particularly 10 General Wilkinson
"a situation in New Orleans. In judgi
ed this case, we are bound to consider I
I'M state Of the information, correct and
ON correct which he then possessed. |
Ter expected Burr and his band from aSoN
in a British fleet from below, and he knl
,n. there was a formilab conspiracy vii
Dm in the city. Under these circumsIanc
ar. was he justiaole, Is! IN seizing no
rious consprators? On this there c
be but two opinions, Ons Of tie guilty a
or. their acconlplices; The Other that of all h
est man, 9nd. In sendiug them to
nts seat of government, when the written
hin gave them right to trialin the territo
+ at The danger of their rescue, of the cont
r al uiug their Vaccinations, the tardn
and weakness Of the law, apathy OF
that Judges, active patronage of the wh
lille tribe OF lawyers, uukuown disposition
and the uries, and hourly expectation Of
,au. enemy, salvation of the city, and
own Union asslf, which wOuldhave been
and vulssd TO its center, had that conspir
'tev- succeeded; all these constituted a Tau
laye necessity and self prsssrvation and reno
both cd The SalUs popSS supreme over ths +"
IAN ten ldw."