Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-04-14
VIRGINIA ARGUS.
r ] G ~ NJ o n d:
TUESDAY, APRIL IA, 1907.

l. III (nankS winch nave lately been Civ
en- to gen. Wilkinson in an address signed
by thirty-one captains of vessels at New
Orleans, and the patriotic resolutions of the
legislative body ut shat place, are circum-
stances tending greatly to diminish the pro-
liability of his being "a traitor or Spanish
pensoner, as many have pretended. Eve
ry day seems to bring events to lighS VIII ch
demon ate that IN seizng BollmaIi, Swart-
won't. and others, and sending them to
Washington for trial he, acted from upright
motives, eRdeavoring. in u case of nccessi-
ty, TO repei the danger threatening his
country, without regarding the forms OF law
The strong party which appears to exist in
ew-Orlcaus, hostile to governor Claiborne
and 10 the general government, and the
number of p1rtizans of Burr who assem-
blcd there for the purpose, no doubt, OK
carving on their conspiracy with more
success, by eniisting treason on their side
Within the city, to prevent e,;cctual resist
ance 10 the attack meditated from without,
rendered it essentially important to put a
stop by some hold stroke 20 their machina-
tionS-This CO Id only be done BY renew
In. the leaders of the conspiracy from the
scene OF action. AS no overt act OF treason
had been committed by them in the Or
leans territory, they could not have been
legally tried there for that offence. The
measures taken by gen Wilkinson were
therefore merely preventive of the pcrpe-
trat: IN Q. hat crime by these whom he knew
from information communicated by them
selves, to be leagued together with the in
tention of committing it.
IN this point OF view, although he fur
nishcd against the persons arrested such
evidence as the supreme court in the case
of Bollman and Swartwcut considered in
stftHripnt n ret n them A.,
notwithstanding he appears in the cases of
Alexander and Ogden tohave sent none at
all his conduct may have been truly pa
tri tic and iustihable by nece8Sity
We grant that necessity is too often the
tyrant's plea ; but it is also very frequently
the honest plea of the pairiot.-On certain
occasions, as the right of sclf-prcservation
authorizes an individual to dispense with
the forms of law, so the right Of preserving
our country from destruction renders a ST.
miiar deviation not only eXcusable but
praise worthy. 1t may be said that this
doctrine is in opposition to the maxim that
GO eUH ought nor 10 be done MGt good mag
came ofit;" but the truth is that tho Pres
sure Of imperious and uncomfortable neces-
sity changes an action into a good ono,
which otherwise would he evil neither
ought the consideration that false prctcn-
ces Of necessity are often reSorted to. as
excuses for violations of laws, By tyrants
and political hypocritcs, induce Us to
blame those worthy citizens who act for
the public good under the impulse Of a
necessity existing in reality. The cases
indeed are as different as truth and
falschood /; rs genuine patriotism and hv-
pOcrisy and the true criterion to distin-
guish them from each other must in every
instance be candid examination of the
circumstances and motives of the parties.
With respect to Gen. Wilkinson, we are
now satisfied that he ought not only 10 be
acquitted of being concerned in Burr's con-
spiracy, or in any other evil designs, but
that he acted from the purest motives and
has rendered essential services TO his coun-
try.
Chief Justice Marshall, in the opinion
delivered by him on the examination OF col.
Burr, has indeed insnuated very strongly
that Wilkinson must have been ut one ne
Rod concerned in the conspiracy, or at least
have been too intimately connected with
Burr in his projects. This insiruation is
contained in that part Of his opinion in
which nc speaks Of the letter in cyphcr; a
key 20 which he supposes was, most proba-
bly,, in the possession of Wilkinson before
he received it. The reason given BY the
Chief Justice for putting this construction
upon the transaction is a very strange one ;
to wit, that if the key to the cvpher had
been communicated together with the let
ter, il would not have answered the pur-
pose Of conccalmcnt better than n letter
not in cypher. We wonder his honor did
not advert to the plain and obvious cxpla-
nation of such difficulty ;--that it was rot
necessary or the key TO lie annexed - thc
letter, in order to communicate it to Wi.
&inson ar the same nine. We acknowledge
If the key had been written on the same
piece Of paper with the letter, the argn.
mcnt of the Judge would have been correct
But doubtless, the key was in the mind o.
Swartwout, who explained to Wilkins
the method Of unravclling the mystery.
WE will beg leave 10 ask the fcdcraIist,
few questions in these critical times.
I. How comes 1t to pass that they view
the situation Of Aaron Burr with so much
more fclow-feeIing and compassion thar
are manifested by the republicans
2. Is itbeCause he sew their great frient
md leader at Ncw-York (Eor wh.sc deatl
they made such heavy lamentations.) 81
long ago that they have now forgotten tina
event or have they so much charity for
gentleman in distrcsS, that all his crimes
are uf course CELEBRATED from their memo
ries?
3. Did they lament the loss of Hamilton, no
through any affection for him asa man. bu