Smyrna times., 1863-02-05
The Fathers of ths Republic and the
Writ of Habeas Corpus.

T. IiOilS ol Cne Lincoln Government" that on
would think without examining history tha
: the things complained of belonged solely t
: the present Administration. AS histor
} has been pronounced, by an eminent scholar
Il to he "phllosophy teaching by example,
. let us turn to the pages of the past and Sc
$ II they can resist these phiosophico-histori
cal facts as they do what they term on
l theories" The most Of these men ar
> given to calling Jefferson their politca
father. His views of military arrests il
time of rebellion show how Just he woult
consider the treatment received by some O
his children.
Mr. Jefferson sustained Mr.. Wilkinson
for suspending the htbaH corpus in New Or.
leans on the occasion of certain military ar
rest OF persons who were suspected of com
pIiclty in Burr's expedition thus iustifving
the setting up of military authority over the
jurisdiction Of Courts in times of public
danger AS late as the Sd of February.
1907, in letter to Gov. Claiborne respect
ing Burr's conspiracy, he wrote:
On great occasions, every good officer
must be ready TO risk himself in 9oiny be-
yond the strict line OF law, when the public
preservation requires it. His motives will
be Justification rs far as there is any dis
cretion IN his ultra proceedings. and no in
dulgence Of private feelings.
This language, rs w,ll as the circumstan-
ces under which it was used, is worthy Of
note There is no comparison between
the rebellion of that day AMI this. The
pnblc exigency was not one-tenth ~ rIrs
Inc public preservation" did not require
one hundredth part of the present effort
Then 1t was mere handful OF men. Now
II Is one-thlrd Of the country striving to
destroy It. The conspiracy now is more
extended, and the public exigency more
mperous
Your sending here Startwont and Boil
man, and adding to them Burr. Bl,nnrrhaS-
set and Tyler. should they fall into your
h"nH'' Will be supported by the public
opinion.
AHother passage Of the same letter is as
follows:
The Feds, and the little band of Guilds in
opposition, will try to make something of,
the arrangements of liberty by the military
arrest and deportation Of citizens but if #
does not 20 beyond such offenders rs Swar-
toat, Boilman, Burr, Blenncrhassctt. Tycr
&c, they will be supported by the public
appreciation.
II 1t were not for the names which occur
in this passage, one would think it was
written in this day, and of this rebellion.
But let us go little further back in our
history No one will doubt that the " sircs
OF 90 knew as much about liberty and the
principles OF equality and justice consonant
herewith, as our modern corrupt politicians.
The following is an extract from the Journ-
ais Of Congress, 1916, and if the present
government has exceeded it in severity. VIC
We would like to see it.
lj7"r'lF, The States of Pennsylvania and
Delaware are threatened with an immediate
invasion from powerful army. who have
already landed at the head of Chesaueakp
Bay Ind, ~he'rpN, the principles Of policy
and selt-prescrvatiOn require that all persons
who may reasonably be suspected of aidino
or abcttIng the cause of the enemy. nav ho
prevented from pursuing measures iniarious
to the general veal:
Resolved, That the executive outbor;+;os
OF the States of PENNSYLVANIA and Delaware
be requested to cause all persons within their
respective States notoriously disafftcted |
forthwith to be apprehended. dsarmed and .
secured, TILL such time as their resDectiva
states think they may be released without
INJURY to the common cause
Resolved. That it be rec commended to the
Supreme Executive Council of the State of
pennsylvania to cause a diligent search to
be made In the houses of the inhabitants Of
the city OF Philadelphia, who have not man
llested their attachment to the American
cause, for firearms, swords, and bayonets =:
that the owners of the arms so found he
Pald Tor them at an appraised value and
that they be delivered to such Of the ,,;I;t;a
OF the State OF Pennsylvania who arc .,
present unarmed, and have been calleJ int"
the field
On the above preamble and resolutions
Mr.. Fisher, of Philadelphia, in his admira.
bic work on The TIIal IF TIE Conshtuioa,
makes these remarks:
a case occurred in Philadelphia in l777
Some twenty gentlemen, of high rcspec.a a.
bility, were arrested by order of the Su-
preme Executive Council of this State. at
the instance of Congress, banishod to a
town in Virginia, and there detained. They
were not treated as criminals, but with con-
and kindness. Those who chose
10 declare their allegiance to the Govern
ment were released, and all were permitted
10 go to their homes when il was thought
hey could be no longer dangerous.
These arrests were made with the kno,c-
edge and appreciation Of Warrington. A wr4t |
,f habeas corpus tcas issued at tie Instance ofds
prisoners, bat Il ,cas direga,'ded 6y the officer in
.iarge Of them, and soon afterwards, Septem-
nal II