Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1804-04-06

I. /,
/ encc 70 bis order relative to cropping the hli'
i TN, iat,ad of my diiobedience 20 other oFdets
Of hyperion authority, which lait III che eo'nmu.
lnications between his Of laft May, and par;icu
larry in his letter of arrsG fcemed to hoia prs
cedence ia his mind above all Others. ! HAL DC
equally candid and explicit in afiignlng N.Y. a1i-
| fca;ion with reject to that order, which is the
/ fnbiea of the firR specification. In doing this,
gentlemen, I am forty that il becomes indiiP
ia5le 10 prenilc few obfervations on rae nature
and extent Of military obligations I; yet, reluet-
ant as we muA all t: TO enter on 70 delicate an
Enquiry, lhal endeavourto go nofsrther than
is aofolutcly neceGary and not advance more
. thsn your own good lenG may fafely approve
Of. 1t mutt then, | aPpFehend after due reaFeti
!, ion be fully conceded, that whenever hyperion
! authority has no fight TO prefcribe or command
an inferior authority is not obliged to follow OF
/ obey. This principle certainly holds, whether
the authority be civil or military for there cao
be no pofible reafon why It would be troe as TO
!. the one and NOT to theether. am aware 10
/ deed tha. the habits of or protection sFe1a2t 10
createa different fcntlm.nf, and thae witksgen
I fleInsn of the army cuitams and practice fse.
ioiently receive the reiped Of the laws, becaule
ffeldom dfputed and examined that vagoe
! and indefinite IDA as TO the force OF conmaads
lis generally fpread, becaufe IN tines Of war aad
/ cafes of emergency it is important that cor-
E.nands (h9uld be executed with all promptncis aad
difpa eh: that it may be thought polite alio TO
! iuculcatr the doctrine that folders duty is ia
6llifu obedience that often neceRty indeed com
pels commanding offer to aiune powers
| which he has not Tor p1fpofes which not only
gain him pasden but countenanee and fnoteo-
/ Yer that from the nature Of the powers, which
! he really and lawfully has, men are impercepti-
biz led into the notion that be has Otter powers
| which be really and lawfully has not. Butfili
his authority like all other authority has It's IL
/ nits, ana IN pafing thole limits although he may
| receive voluntary compliance, he certainly
/ rot entitled to enforce iubmifion. You will
| not underaand me, gentlemen, as meaning that
/ greater powers in many relpetfs are not given TO
! military officer than to civil rnagiRrate, That
| we'll know-Bat Till the powers OF each are
! bounded, and both may be eaeRioncd & tried by
the terms & extent Ct his warrant. In fhcrt, how
ever, great military powers may be given, they
furely cannot be greater than they are given
This certainly is reaton, and argument and ia Cts
90 hand in hand infupport OF it. Whenever,
| therefore, dfobcdicnce to. an order is made mat
ter Of inyefigaton, there is no other mode of az
certaining whether the difobedience is criminal,
| than by fleeing whether the order is itfef
lawful, or that there was power to give it.
1t is not the magnitude nor infgnihcaRce of
the fobiea, which determines the legality of the
.. IL
obedience, whca he exceeds his powers on 4 f1lal
occsfi1n tia on an important one. 1t is the
principle and not the cafe tia. is to govern
u. In the prefent ideafce, or an order as to
,ircumaance com 2asaliyely 70 trivial As SIT
of cutting off the hair, there may b: no great
in.eseA excited in aGerting The principle but
10 lew that it is fixed and cdential, let US raile
our view TO cafes which might occur, and may
very readily be conceived. Let US iuppofe then
for a general to iaue orders for The pefFettation
of an aa forbidden aud pnpiihab!e by the laws,
| nay, let US imagine himto diree the command
| ing officer of regiment, to put 20 death any
officer or folder with his own hrnds without
trial, II will GureIy NOT be faid that obedien e
| would BE- duty, nor would the order be any
fort of ratification to the eff or obeying, on a
criminal profccltion for murder. So, if a gene
raj order fhould command the army {, at agaioR
the fovereign authority Of the country, fuch an
order could rot be .obeyed without incurring the
pains and penalty OF sealon. L general or
der laoula direct the army all to profeis one re-
Hgion, and that every ofa,er ard folder ihoud
make and fubcribt an oath of conformity, iuch
an order would certsidly be not binding, for ber.
ty cf confidence is Secured toegery citizen by
tie confitu,i n. If fuch an order ihoud under
take to pr itribe uniformity Of political opinion
Throughout the army We iurely fhould rot be
| bound to yield under e pspsble violation OF
| cur 10Th rinhfs .Shnnld 2 rarataI crdnr alm