The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1863-06-19
Jefferson and Douglas on Arbitrary
Arrests

! Those Democrats Of the present day
who are raising such q camor about "ar.
bitrary arrests" must have forgotten, i'll
they ever knew, the teachings Of the
great men of the Democratic party in
tho days when that party was under the
leadership of great men, and TO be
called Democrat implied something bet.
ter than disloyalty TO the Government
The doctrine that no power, however es.
sential to the safety or even the existence
of the Government, can ever be rightfully
exercised, unless it be expressly defined,
and the time, mode and measure OF is ex.
ercse clearly pointed out in the Constitu
ton, is of very modern origin, and is one
of the multitude of dangerous and re-
8 voting political hereses that take their
, rise in the wants and necessities Of the
i alders and abettors OF this Internal Rebel
U lion. No sane man believes that great
= Rebellion can be suppressed by the ordi.
: nary legal and Constitutional appliances
i, Of a time Of profound peace and to act
upon such nn hypothesis is but TO give
O aid and comfort 10 the enemy. So thought
. Jefferson, Jackson. Douglas, and, indeed,
. all the grea: minds of the Democratic
Il party in years gore by; and 1t is fortunate
3 that their words still live, to rcbuke
those who, in the name OF Democracy
would now interpose provisions of the
n Constitution designed by our fathers
~ to secure and perpetuate both persona
80 and political freedom, as a shield to mer
Id who are seeking TO destroy the Govern
as ment. through whose agency alone al
re National blessings are enjoyed.
IS, We purpose, in this connection, tc
IT quote from two distinguished Democrat,
''' authorities, Jefferson and Douglas. on th'
- subject OF "arbitrAry arrests :" and, il
nj order to appreciate the full force Of th'
,ll quotations, our readers should bear il
of mind that they relate to times and events
ii, which. in point OF danger to the Govern
n ment, bear no comparison to the times il
's which we live, and The events now trans
piring, II arbitrary arrests" were jus
'"' li6able then, on what sound principle cal
q they be denounced now? During th,
3 Presidency of Thomas jefferson, whom
- the Democratic party was once proud il
~ claim M its founder, the notorious Aaro
%. Burr, believed to be then engaged in q pi
n. ralca enterprise on the Western waters
was "NrbirOrily arrested" by Gen. vii
IA, kuson, Some objected to the act. an,
d. sought to make il The occasion of geners
k' opposition to the Administration. Presi
i dent Jefferson, in reply to the letter c
" friend in relation TO this case, thus nobl
n vindeated tho justice aud necessity Q
"Grbitrary arrests
q, "The question You propose--whethe
al circumstances do not sometimes occu
~ which make it duty in officers of hg
trust to assume authorities beyond the lav
al ia easy OF solution in principle. but some
rt times embarrassing in practice. 4 stri,
so observance Of The written laws is doubles
n. one Of he high duties of good either
re but it is..nol the highest. The laws of n,
cessiIy. OF self preservation, of saving ou
country by q serupulous adherence I
"a written law, would be 20 lose itself wit
a. lie, liberty, property, and all those VIII
y are enjoying them with us; thus absurdl
ID sacrificing the end to the means.
" In judging the case, we nr
); bound to consider the state Of The informa
ar ticn, correct andineorrect. which he (Wil
I'd kinson) then possessed. He expecte
Burr aud his band from above, Britis
heet from below, and no knew there wa
a,formidablo conspiracy within the city
oA Under these circumstances, he was justif
~ able-lN, IN seizinr notorious cons nira