Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1861-08-01
TERMS OF ADvERTlsrScs
Jefferson on Martial LAW

The following opinion Of Jefferson On the
night OF military officers to resort to martial
law in time ofpublic danger, goes far beyond
the acts of the President which those who
imagine themselves the JefFersonian State
Rights Democracy, call violation of the
Constitution and setting up military des.
potism. The extract is from letter written
after his retirement to Monticello, on the
acts OF Gen. Wilkinson in regard to the Burr
conspiracy during his Administration. It
lays down very plainly the Jeffersonian doc
trine in regard to martial law and the sus.
pension ofhabeas corpus, in case of danger
which was only apprehended, and which was
trifiing compared with the present great in
surrection:
To proceed to the conspiracy of Burr. and
particularly to General Wilkinson's situation
IN New Orleans. In judging this case we
are bound to consider. the state of the in
formation, correct and incorrect. which he
then possessed. He expected Bnrr and his
band from above, British fleet from below.
and he knew there was formidable con,
spiracy within the city. Under these cir.
cumstanccs, was he justifable. First. Tn
seizing notorious conspirators2 On this
there can be but two opinions: one, of the
guilty and their accomplices; the other. that
OF all honest men. Second Tn sending
them to the seat of Government when the
written law gave them right to trial in the
Territory?
The danger Of their rescue, of their con-
tinuing their Vaccinations, the tardiness
and weakness Of the law, apathy of the
judges, active patronage of the whole libe
OF lawyers, unknown disposition ofthe iuries.
an hourly expectation Of the enemy. saliva.
ton Of the city, and of the Union itself. which
would have been convulsed to its centre had
that conspiracy succeeded all these constitu-
ted law Of necessity and selfpreseryation,
and rendered the s1lus popuh supreme over
the written law. The officer who is called
to act on this superior ground does indeed
risk himself on the justice Of the controlling
powers OF the Constitution, and his station
makes it his duty to incur that risk. But
those controlling powers, and his fellow -citi-
zens generally, are bound to judge accordin
% the circumstances under which he acted.
They are not to transfer the information Of
this place or moment to the time and the
| place OF his action; but to put themselves
into his situation. We knew here that there
never was ldigtT OI DTltlSn HceI from be-
low, and that Burr's band was crushed be-
fore it reached the Mississippi. But General
| Wilkinson S information was very different,
and he could act on no other
From these examples and principles. you
may see what think on the questions pro-
posed. They do not go to the case of persons
charged with petty duties, where conseauen-
ces are trifing and time allowed for legal
course. nor to authorize them to take such
cases out of the written law. In these, the
example of overlapping the law is of greater
! evil than Of strict adherence to its imperfect
provisions 1t is incumbent on those only
who accept of great charges, to risk them
selves on great occasions. when the safety of
the nation Or some other very high interests
are at stake. An officer is bound to obey
orders yet he would be bad one who should
do it in cases fo~ which it was not intended,
and which invo- ed the most important con-
sequences. The line of discrimination be-
tween cases may he difficult, but the good
officer is bound to draw it at its own peril,
and throw himself on the justice Of his
country and the rectitude of his motives.