The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-03-27

thoie who have heretofore poiieiied the con-
hdence of the nation; they will not torture
truth, 70 as to effect the bafri political per-
ional ohje6ls they will not, before they have
any examination, predetermine TO dearoy this
man or that man. Unuied to the ufe of fuch
means, they will leave them excluGvely, as
they heretofore have done, to their adveriaries,
and contne themielves to the Jingle enquiry
how far the events at New. Orleans are fulfilled
by actual circumstances.
| The 6rt fuggeition which prefcnts itfelf to
the unprejudiced enquirer after truth is, that
any decided Judgment at the preient time is
premature. Few events, which have occurred
in this country, are clouded in fo much uncer-
tainty, as thofe on which we are thus called to
pronounce. The virture of the commander in
| chief is itielf loudly impeached. Whether
| there be any truth in the imputation thrown
on hisfame we pretend not to fay. They may
be true but however clearly this may be even
tually eftabliihed, it is not lefs certain, that
there is at prefent before the public, no infor-
nation on which an honeft and unprecedented
mind would feel itfelf at liberty to decide. IF
any judgment were given, it would be that of
acquittal and not conviction, according to the
lnvariable feeling of every honeit mind that an
individual ought to be conlidercd innocent un-
til proof is adduced of his guilt. Equally OBJ
| tcure is the information we have heretofore re-
ceived of the degree of danger exiting or ap.
pretended at New-Oreans. Nor arc we bet
ter enlightened with regard to the nunber or
power of Burr's confederates at that place.
| Under thefe circumstances tits the duty of a
man, not raih to madnefs, or preudiced be-
yond conviction, to heftate before he definitely
declares General Wkinfon unjuitificd in the
| ftrong meafures he has taken.
For ourfelvcs we fhould practice what we in.
Iculcate on others, and refrain from all farther
dfcuiiion of topic 70 difficult of treatment at
the preient moment, were it not for the uniuft
attempts which are 70 indultroully made, to
overwhelm the conduct of the commander in
Chief and TO ufe this as the means of vitality in
Turing the government. When, however, the
tederaitts are in arms from one end of the union
to the other, and are uing theie events as the
means ofonce more rallying their forces and ar
raging them aganf thofe now in power
when their denunciations are mingled with
thoie of a fill louder note emitted by the voice
OF treafoE when too of the republicans of the
nation, fome from impure and others from
honett motives are induced to increafe the cla-
mour it certainly becomes the duty of the
TREND of truth and OF his country, to give the
tubje6t as full az examination as the circnm-
hances already referred to admit. Had he been
permitted TO take his own courfe, he would
have remained iilent. Attacked by an avowed
enemy, reliance becomes duty,-enforeed
by principle of all others, the ftrongeft, the
principle of eIf-defence.
The firt point that prefents itfelf for exami-
nation on this fubject is, whether there can ex-
lit any htuatOn in which an invallon of civil
rights by military authority is iufifiable. 1t
may be confidently affirmed that there are 1t is
true, that the general theory of cur infttutons,
no lefs than their poGtive niunGions place the
civil above the military power. 1t may lkewife
be demonstrated that this is e1ental to the main
tenance of republican principles, as without it
freedom cannot exit; but although this pro-
petition be allowed in its utmot latitude, il Isl
notwithstanding, a gloomy fact that emergen-
cies will too often occur, in which the falvatior
OF the country, or at any rate fome of the mott
invaluable blefiings enjoyed by it, will depend
upon the instantaneous application of force !;
tn which the immnenCG Of the danger will re-
quire immediate and vigorous exertion. If this
danger prefent itfef at point where the armed
force may be ftationed, remote from the feat of
government it will inevitably follow, that
good officer who clearly perteives the ap
preaching danger, will coniider it his duty to
exert all the means in his power to repel it ::
nor will any man heitate under fuch circum.
frances. According to their nature, he will OBJ
ferve or violate the inftrudions he may have re-
ceived, as well as the exiting laws or conftltu-
toH Of his country, where the necef1ity is great
and commanding. Thefe, however facredIy
he may hold them in common times, will be
no limitations on the exercife of his power he
will do what he deems right, and flake his life,
his liberty and fame on the ihue. 1t has been
well faid that neceflity knows no law and al
though this be called the plea of tyrants, it
may fill be, as it often has been, the beft juE
LITIGATION of frecmen. For its verification we
appeal to the annals of the revolution, which,
if they illuftrate any one thing emphaticaly a.
bove another, illuftrate the neceffity, in times
of danger of tranfcending the regular limits of
law.
There is one confederation on this head, that
merits fome attention, as arfing from the pc
culiar nature of our intitutioHs. 1t is that iu(t
in proportion to the approximations of 90
vernment to the greateft fate of freedom, will
be the occafonal necelIity in periods of uncom-
mon danger, for fome of the public fune1ona-
rieS to adopt meafures that will in fome meaflre
violate the eftabiihed contribution or laws In
defpotic governments, where all power, civil
as well as military, is concentered in the hands
of one man, it is obvious that no occalion can
prefent itiefiR which the depot can tranfcend
his powers: and the fame remark will apply
with proportionate ftrength to the monarchies
and arlitocracies of Europe, according TO the
feveraI degrees of fmilitude they bear to def
potic government. 1t is to be remarked that
in amoit all of them the military power is,
without limitation, placed in the hands Of the
civil executive. Collions between thefe two
departments of power can therefore rarely hap.
pen. Whereas under free government, which
= IL r. n.