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

Under this legitimate sanction Mr.. LIN
colin did proclaim q general suspension Of
the privilege Of the writ; and by virtue Of that
measure number Of summary arrests were
made oi individuals guilty Of dlslsyal speech
or conduct, or suspected of secret completely
with the Rebels. Such proceedings were
believed 20 be necessary for the protection Of
the national welfare and they doubtless exer-
csed a very salutary influence, however often
sive or inconvenent they may have been to
those persons who were seized and confined.
They were the more annoying, however,
TO the party opposed 10 the Administration,
only because they were unusual; but they
were required 10 meet an extraordinary and
most urgent emergency. II was, we are quito
sure, very painful, even intensely repugnant,
10 the President to resort TO such seveue,
sharp, and anomalous measures; but the situ-
alton Of affairs demanded the exercise OF tho
power, and he had 10 incur all the odium OF
performing a constitutional duty committed TO
his discretion by the act OF the Federal Legis-
lature. But much as he has been abused and
reviled for the thing, he has high Democratic
authority for his conduct.
Some years ago General WILKINSON made
an arbitrary arrest" ofAARoS BURR,w who was
believed to be engaged in an unlawful enter
prise on the Western rivers. A few Copper
heads were found then to object to the act and
stir up an agitation against General WILKIS-
son and President JEFFERsoN. The latter,
in replying TO the letter OF friend, used the
following language:-
{" The question you REPRESENTATIVES, circum-
stances do not sometimes occur which make it
Z" duty In officers of high trust 70 assume autho-
{" rites beyond the LAWS easy of solution in
d" principle, but sometimes embarrassing In prac-
" iice. A strict observance of the written laws is
" doubtless one of the high duties Of good
4" citizen, but it is not the highest. The laws or
" necessity, Of sef-preseryaton, Of saving our
" country when in danger, are all of higher obli-
cation. To lose our country by Scrupulous
" adherence 70 written law, wou be 70 lose itself
4" with life, liberty, property and all th )se who
" are enjoying them with us thus absurdlg sacr-
" ficing the end 10 the means.
" In Judging the case, VIC are bound TO consider
" the state of the information, correct and incor-
" rect, which he (WILKINsoN) then possessed.
He expected BURR and his band from above, a
g British feet from below, and he knew there
" was formidable conspiracy within the city.
" Under these circumstances was he justitable-
" lst. In seizing notorious conspiratOrs On this
" there can be but two opinions; one or the
- guilty ana LuelT dCCOulpllCtdt the OLittt ludl
" Of all honest men. "a. In sending them
" to the seat OF Government when the
torihen law gave them a right TO a trial in the
territory The danger of their rescue-0t their
' continuing their Vaccinations, the ardiness
and weakness Of the law, apathy of the
" Judges, active patronage of the whole tribe OF
' lawyers, unknown disposition Of the juries, aud
I" hourly expectation of the enemy, salvation of
'' the city, and Of the Union Itself, which would
" have been conyused TO its centre had that con-
spiracy succeeded-cA these constituted law
" Of necessity ard self preservation, and rendered
' the SGhiS poptl supreme over the written law.
" tt officer who is called to act on this superior
" ground, does indeed risk himself on the justice
| 6. Of the controlling powers OF the Constitution,
and his station makes it his duty to incur that
| risk"
There would seem from this to be little
| doubt how JEFFERSON would act were he al
\ the head Of affairs now. He would set 6
Democratic precedent which even BROOKS
and the WOODS would respect.