Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-04-21
VIRGINIA ARGUS.
r l c III NJ o n D :
TUESDAY, APRIL 81, 1907.


THE Impartial Observer saws we have
made ga very lame attempt 10 excuse the
"conduct of Wilkinson upon the old cant
"of necessity, preventive justice, &c" and
"that we do not seem to be aware that such
ga flimsy defence contributes to expose the
"guilt of the usurper." We acknowledge
the plea of neceSSitU, when false and I'M
founded, to be truly contemplate and film
sy bat certainly, when true, it must be adj
mitted 20 be the most cogent and unanswer-
| able that can be offered. The whole queS-
ton, therefore, concerning the justification
or condemnation OF Gen. Wilkinson, de-
ponds on this; gvhether The necessity real
IN eristed or nor. When the first infor-
nation arrived of the violent measures "a
dopted bv him, we declared that nothing
but necessity could Justify them, and thought
It most reasonable to suspend cur opinion,
unit 1.-The motives upon which he acted could
be sufficiently developed to enable us to form
Il correct Judgment The result OF the in
formation since received, has satisfied cur
minds that the necessity did exist, and,
therefore, that the general was iustiable.
And can the Observer say with truth, there
was no such necessity in the circumstances
IN which Gen. Wilkinson stood The COM
muncations made to him by Bolman and
Swartwout, were enough to duce him to
believe that col. Burr was coming down with
an army Of 200 men. The force he had
20 oppose them was very small the city of
New Orleans was badly fortified; and
strong party disaffected TO the government
were embodied within il. Was it not there
fore absolutely necessary 90 remove the
traitors, who were tampering with himself
TO betray his country, and would soon, by
thpir o,I;ctaI frrrnilai,In
band of conspiratOrs on their side This
was not, (as the Observer calls it,) "pu-
"nishingby transportation, respectable CT
citizens, to prevent their being guilty." but
was justly, though not iegaiiy, furnishing
| those, who, according to their own confess
sions to him. were atrociously guilty, by
disappointing their expectations, and send
| ing them OF, to prevent the success Of their
criminal designs.
| The Observer says, however, that "thc
"UiCfimS Of Wiibinson's pridc have surviv-
"ed their oppression, and have Lecn ac-
l"quitted Of guilt by the laws Cf their cow
"try J" Acquitted !-Gracious Heaven
| What misrepresentation will party spirit
produce When were any of those gentle
men acquitted ? When and where were
they tried? They have Indeed been dis
charged by virtue Of writs Of habcas orpns.
] but are all still responsible 70 the laws of
heir country, and iableto be tried hercaf-
Ter. lf,hey think tiey have been acquit' ed,
let them plead that acquittal in bar of
future prosecution, (which, no doubt, will
| be instituted against them, so soon as the
evidence is collected from the western couu-
| try,) and they viii then discover their mis-
take.
1t cannot BE seriously cortcnled that no
necessity sufficiently urgent II Justify a
Temporary infringement % thc laws Or con-
sitution can ever exist MANY have been
the examples OF similar Violations by the
best patriots and sinccrcst republicans in
| I'll ages Every rebellion against arbtra-
~ mower. necessarily involves the violation
Of the laws then existing When Timole-
cn's brother was slain at Corinth when
fhebcs was revc 'utionizcd By Pelopidas !;
when Brutus and Cassius slew Cesar and
wen tie Americans threw off the British
yoke; the laws previously in force were in
every instance violated And why We
answer upon the plea ocneccasity fer the
irurpose of saving the body polite from
slavery and destruction.
Our excellent patriot gen. Nelson. motto.
riCus'y violated the constitution OF Virginia
during the American war; but as the ne
cessity Of the case for the good Of his coun-
TRY compelled him to do it, the legislature
applauded his conduct, and passed an act oil
indemnity for his protection.
Gen Washington in the year 1874, GER
tainiv violated the constitution ofthe Unit
ed States, in calling out 1900 militia tc
suppress the insurgents in the four western
counties Of Pennsylvania, without first as
sembling congress and getting an act pas
sed by that body 70 Justly the measure
Yet the necessity Of king n prompt and
energetic step, to stop the progress Of the in
surrection, and to prevent the elTusion oi
the blood Of his fellow citizens, justified thai
great and good man, and gained him uni
versal applause. The congress, when az
: forwards assembled, not only approved
what he had done, bat passed M act to Az
thorise for the future the president, u cal
nut the militia, whenever he should thinl
, IL necessary, for the purpose of Supprcssinl
instructions and preventing invasions.--
See the Cd sec. of the ID article of the con
: s'itu,ion NJ the y s. and the Sd vol. Of Tn,
laws Of the u. s. p. 1873 and 190. Genera
, Washington, who had sworn to support thu
constitution, had sense enough to know tina
p, 70 violate part Of it, from the principle n
q necessity, for the purpose of saving tn
4, whole from destruction. was substantially
:, tho not in form, complying with his oath
since he who fulfls the object and INTENT