Pomeroy weekly telegraph. [volume] (Pomeroy, Meigs County, Ohio) 1860-1866, 1861-07-19
views OF Thomas Jefferson Bearing on
Gne aabeas Corpus Argument of Chief

views of Thomas Jefferson Bearing on
!ne Habeas Corpus Argument of Chie1
The extract from the letter of the
great Virginia statesmen, who maintained
at the period the EXTREMIST views of the
IlnVlolable character Of the writ of ha
Ebeas corpus, will be read with interest
at this time. 1t is taken from his let
ter to j. B. Colvin, written September
10, 1910:
"The question you propose, whether
circumstances do not sometimes occur
which make it a duty in officers of high
trust to assume authorizes beyond the
law, is easy of solution in principle, but
sometimes embarrassing IN practice. A
strict observance of the written laws is
doubtless one of the high duties of a
Igeod citizen; but it is not the highest
fThe laws of necessity, of self preserva-
ton, of saving our country when in dam
ger, are of higher obligation. To lose
our country by scrupulous adherence to
written law, would be to lose the law
itself with, life, liberty, property, and
all those who are enjoying them with
us: thus obsurdly sacrificing the end to the
means. When, in the battle of German
town, General Washingtons army W as
annoyed from Chew's house, he did not
hesitate to plant his cannon against it,
although the property of a citizen
When he besieged Y Yorktown, he levelled
the suburbs, feeling that the laws of
property must be postponed to the safety
of the nation. While the army was be-
fore York, the Governor Of Virginia
took horses, carriages, provisions, and
even men by force, to enable that army
to stay together till it could master the
public enemy; and he was justified. A
ship at sea in distress for provisions,
meets another having abundance, yet re :
fusing supply; the law of self-preser-
vation, authorizes the distressed to take
supply by force. In all these cases,
the unwritteu laws of necessity, of self
preservation, and of the public safety
control the written laws of meum tuunn.
"To proceed to the conspiracy of
Burr, and particularly to General Wilk-
inson's situation in New Orleans. In
judging this case, we are bound to con-
slider the state Of the information, cor
rect and incorrect, which he then pos
scssed. He expected Burr and his band
from above, a British feet from below,
and he knew there was formida Bile
conspiracy within the city. Under
these circumstances, was he justifable,
lst in seizing notorious conspirators?-
On this there can be but two opinions,
one Of the guilty and their occomplices;
the other Hlnt Of all honest men. 2nd. In
sending them to the seat of government,
when the written law gave them right
to trial in the territory? The danger
of their rescue, of the continuing their
machinations, the tardiness and weak
ness OF the law, apathy of the judges,
active patronage Of the whole tribe Of
lawyers, unknown disposition of the ju-
ries, and hourly expectation of the en-
emy, Saloa'ion of tie city, and tie Union
itself, which would have been convulsed
to its center, had that conspiracy sue
ceedcd; att these constituted u htW Of ne
ces$tty and self presercoti0a and rendered
tie s"lus popuIi supreme orer the arritten
Aut0.'