Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-09-02

script Of Mr.. Jefferson cannot be otherwis. than
h-hy interesting To our readers 1t contains his
views ON an abstract question OF gre at importance
IN r. aton TO which much difference OF opinion pre-
walls, and Oh the contrary decision of which much
unmr'ited censure has been lavished on 4 tlstin.
guished individual Its publication was. perhaps,
u c,sSary, alter the very unfair which the Ma
tonai inteiiig ncc, and other organs o! the admin
Ta9on, had mae OF sentence in tne letter to
Dr. Jones, Zee My published by US.
Charlottesville .4dpocate.
10 NIX. J. Is. IOLVIN.
honficeao, Sept 20, 1910.
StR,-Your favor Of tn l4th Ina been duty re-
ceive, and have to thane you Tor the many ouiis-
ing things respecting myself which said in it, II
have lett IN the breass vi my fellow citizens SEN
timent OF satisfaction with my conduct in ill., teams.
ACTON OF their bu sine-s, il will soften In pillow Of
my repo e through the residue oil life
Inc qe>ioh you propose wiiethel cIicumsian-
ce' 90 not sometimes occur which make |, a duty
IN oihcers oil high trust assume at,tlo tiles he.
yohd the idw,is easy OF solution III principie, u,
sometimes embarrassing III practice A .Irict OBJ
s'f'ance OF The writer laws is douoess one OF tho
h.Sn duties oil good Gil Ell: but IL Is no, the
nfS"eSt. iheiaws oil necessity, of selfprcserva-
uon, oil saving our country when IN danger ar, of
higher oblis alton To lose our country by 4 scru-
pnious adherence TO written law, would o. to lose
thc iaw Hseii. with lite, liberty property and all
uose VINO are enjoying them with US nus absurd
~ saci hciDg III end 10 the means :, hen i'm the
was annoyed from Chew house, he d.d not il 81
'a'e 10 plant ms Cannon againt although the pro-
perry oil citizen Wen hr esiegco York Town,
NE 'eVei ed the suburbs, 1, cling the laws OF
properly must be pos poned TO the safety oil a ma
uon. White that army was before York the Gov
OF Va took horses, carrias es provisions and even
men by force, TO enable that army 10 stay together
I'LL II could master the pubic enemy; and lie was
Jussihen' ship at sea, In distress tor provisions,
meets another having abunlance, vet refusing d
IN uat,nr IL.
distressed TO take supply by force. In ali these
cases me uhwriten laws OF necessity, oil self pres
erVaion, ana oil public safety, controui the written
ia"s OF neum e. tuuin. Further to exeinpiily tine
prihcpie' VIII state AN Hypothetical Suppose
l, hdo oeen made known 10 The Executive OF me
Union IN the Autumn oil 1903, that we might nav e
me ioridas Tor ii reasonable SUI, that that sum
nao moi indeed been so appropriated by law, but
that Congress were to meet within three weeks
and might appropriate il on the hrst or second day
oi tneir session Ought he, for great ad an.age
TO his country have risked himself by tran &C endis
VA law, and making the purchase? The public adj
vantage offered, IN this supposed case, was indeed
immense: bnta reverence Tor law, and the probabii,-
~ that the advantage might still be fegu!Ly accom-
piished by delay OF only three weeks, were pow
eriui reasons against hazarding the act. But sup
pose II foreseen that "rt"'"sas"'~ would iinJ
means TO protract the proceeding ON it by Congress
until the ensuing Spring, by which time new cir
cumstances would change the mind of the othe,
party Ought the Executive, in that case. and
win that foreknowledge, TO have secured the good
10 MS country, and 10 have trusted TO their Justice
Tor The transgresson OF the law; | think he ought
ana 'ha' the act would nave been approved. Alter
ne AFFAIR oil tue Che peas thought W. ve-
possible result. Our magazines were liy pro-
Sided with some nee ssary articles, nor had any
been made for their purchase We
Ventured, however, to provide hem and to place
our country In safety, ana stating the case to Con-
Sress they sanctioned The act.
10 proceed to the con-5iracv of Rurr snd n,r
ucuiariy to Gen. Niiknson's situation in New Or
leans. In Judging this We are bound to con-
'iuer tn state oi tn niorma ion, correc, & in
correct, winch ho then possessed. He expected
DUFF ana his band rom ABOVE, British fleet from
D low, and he knew there formidable con-
SPH within the city. Under these circumstances
5usiihaDie, ist In seiziIg notorious conspra-
TORS! Vn this there Can be but TWO opinions one, OF
me guilty and their accompiice>, The other that of
ri honest men. I'd Sending the III 10 the seat of 20.
veinmen when the writ. !, lax CAV them a r,,bt
tc al 49, To- O. " Tie danger of their re5cs,s
" uheii continuing ,heIr nacrina,ions, the tarii-
aess and weakness OF tne lazy, apathy OF the Julig-
IS dcuVe patronage OF the whole tribe of lawyers,
unknown disposition Of the jlre,, AN hourly exp. G.
-auoh oil IN enemy, -avation of the City, aud of
ne Cnicn Itself, winch would have been convuis-
su 10 It's centre, had that conspiracy succeeded
III ulese constituted law Of necessity and self
preseryatlo,and rendered the saius populi supreme
over the written law. The officer who is called
l!mseH on the justice OF the controlling powers of
he Constitution, and his station makes il his DUTY
o incur that risk. But those controlling powers,
ma his fellow CITIZENS generally, are bound to
udge according TO the circumstances under which
nc acted They are not to transfer the iniorlna-
ION o! this piace'or moment 10 the time and place
d MS action; but TO put themselves into his situa
lon. We know here that there never was dan
ger OF British 1eet from below, and that Burr's
)and was crushed before ii reached the AIssissipp
hllkIpSOn'S IN N III
INT, and he could act on %" O.her.
rom these examples aud principles, you may
zee what think OH te question proposed They
10 not SO to the case Of persons charged with pet
uuuss' where consequences are trilng, and
ime allowed for legal course, nor to authorise
hem TO take such cases cut of the written law ln
hese the example OF overlapping the law is of
,ea!er evil than strict adherence to its imperfect
fovisions. 1t is incumbent Oh those only who ac-
ept OF great charges, 10 risk themselves on great
cc'si0h-, when the safety of the nation, or some
i rs very high interest at stake. An officer
: bound TO obey orders: yet he would be bad one
VINO should DO IL iD cases for winch they were
lot intended, and which involved the most iinpor-
ant consequences. The line Of discrimination be-
ween cases may be diiicut but the good officer
bound to draw il at his own peril, and throw him
eIi or the justice oil his country and the rectude
}! his motives
have INDUCED freer views on this question on
'our assurances that they are for your own eye
'niy' and that they will not get into the hands Of
leWswfi,trs met their scuFfiIities without con.
;ern, while in pursuit Of the great interests with
which was charged; but III my present retirement
no duty iorbids my wish for quiet.
Accept the assurances OF NY esteem and respect,
I'll: JEFFERSON.
PROGRESS or INTRIGUE.
CtNcINNAT1, Aug. 1--we learn with min
gled feelings fdisgust and Indignation, that Hen
~ Clay, the celebrated travelling preacher and
- r. Z