The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1864-10-25
JEFFERSON on ARBITRARY ARRESTS.


A great hue and cTy las been nzds by the
enemies Of the Washington administration
about The suspension Of the ha5sGg corpus
and military arrests. This was fine theme
on which the sympathizers with the Rebellion
could ring the changes and stir up the popu
lar mind and heart TO revolt against the
national authorities. The subject Of personal
liberty is dear to the popular heart in all
countries, but especially in this country, where
we have all been educated to believe in the
sovereignty of the people and in that absurd
Roman proverb of "uo1 popltli, coz Dei'
Professor LIEBER, in speaking of it in his
treatise on civil liberty and selfgovernment,
makes these pungent remarks;
ats poetic boldness and epigrammatic finish
r its Latin and apidaTy formulation, and its appa
rent connection Of patriotic love of the people
with religious feryor, give II an air of authority
and almost of sacredness. Yet history, as wei
as our own times, shows us that everything
" depends upon the question who are the people.
/" and that even If we have fairly ascertained the
legitimate sense of this great yet abused term
4" we frequently find that their voice is anything
" rather than the voice OF God.
=" If the term people is used for a clamOrinl
" crowd, which is not even constituted part D
an organic whole, we would be still more fatally
- mikled were we ~ take the clamor for The voict
that Ia 70 case can we use the maxim a. a test
" for, even II we call the peoples voice the yoic
of God in those casesin which the people deman
that which Is right, we must urSt know that the!
do 30 before We could call il the voice OF God
" 1t is no guiding authority 1t eau sanction
" nothing"
This is not at all Aattering to those radlca
ideas of democracy which regard the people a.
infallble, and therefore endowed with a supre
macy in all political affairs analogous to that
of God in His government OF the universe.
But our people, nevertheless, have been borr
and bred in the notion that they are all indi
vidual sovereigns, who can male and unmal'
constitutions and laws at pleasure, and that th'
Executive is only servant Of theirs, limite,
in his functions and authority by the power
they have granted and invested him with
Hence they are lIeenly sensitive to any appl
rent intIenchment on their reserved rights, a
well as to any acts or measures of admnlstr'
tion exceeding the precise amount OF powJ
they have committed to their elective ruler
IL is, therefore, natural TO suppose that on
Of the most eh'ectual modes Of rendering m
administration unpopular is to charge 1t wi!
either actually exercising or meaning 10 excl
cise Unconstitutional powers. Besides, Oh
privilege Of the writ Of hdbeas corpus is
high prerOgative right Of every citizen, datln
as far back as the Magma Charter, wrung a
the point Of the sword by the English baror
from King JOHN over six centuries ago, an
has always been regarded as the bulwark
Anglo-SaKon liberty everywhere in the worl,
To touch this right, therefore, is to touch tn
people very nearly; and, consequently, th
peace Democrats in the North have thought
capital charge against President LINooL
that he has, as they allege, grossly violate
this palladium Of personal freedom an,
security.
But when we come to look at the matte
closely and dispassionately, we shall dlscer
that the President only executed a law Z
Congress passed IN pursuance Of the Consti
tuition, which expressly ordains that q m
privilege Of the writ ofhabeas coro,lF rnav
suspended when in cases of rebellion as h
vasion the public safety may require II
Congress did pass an act, approved on the 4
day OF March, 1903, providing that, during Il
present Rebellion, the President, whenever
his judgement the public safety may require,
authorized to suspend the privilege Of d
writ In any case throughout the United Stat
or any part thereof