Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1863-06-11

81 TINES OF. PuBLrc DANCER. Ira .ssAs
The Wheeling Intelligencer has been
furnished by Gen. Wheat, the Attorney
General of Virginia. with the following
letter, which he has recently found in Vol.
5th. PIP. 542 4 of Thomas Jefferson's
works. Up to this time it seems to have
escaped the notice of public writer's. 1t
is strikingly applicable to tho present con-
dition OF the couAtry. and shows what
the author of tho Declaration of Inde-
pendence. and one Of tho fathers OF the
Republic. thought to bc the duty of o
President in times of insurrectivn and
public danger: yss4usv 80 te
MoNTIcELLo, September 20.
Sir: Your favor OF the 14th has been
duly received, and have to thank you
for the many obliging things respecting
myself which are said in it. If I have
left in the breasts of my fellow citizens
sentiment of satisfaction with my con-
duct in the transaction Of their business,
i. will soften the pillow of my repose
through the residue of my life.
The question yeu propose, whether
circumstances do not sometimes occur,
which make it a duty in officer Of high
trust, to assume authorities beyonI the
law is easy of solution in principle, but
sometimes embarrassing in practice. A
strict observation Of the written laws is
doubtless one of the highest duties of q
good citizen. but it is not the highest
The laws of necessity. of self-preservation.
Of saving our country when in danger, are
Of higher obligations. To lose our coun-
law, would be to lose itself, with life.
liberty. prosperity and all those who ore
enjoying them with us; thus absurlly sac
rificing the end to the means. Washing
tons army was annoyed from Chew's
house. he did not hesitate to plant his
cannon against it, although the property
of a citizen. When he besieged York
town, he le,eled the suburbs. feeling that
the laws Of property must be postponed
to the safety of the nation. While the
army was before York, the Governor OF
Virginia took horses. carriages. provis-
ions. and, even men,, by force to enable
that army to stay together till it could
master the public enemy. and he was justi-
fed A ship at sea in distress for pro.
visions meets another having abundance.
yet refusing to supply; the law of self
preservation authorizes the distressed to
take supply by force. In all these ca
ses the unwritten laws Of necessity, OF
self preservation. and Of the public safety.
control the unwritten laws of meum and
tenn.
Further. to e<emplify the principle. /
will state an Hypothetical case. Suppose
it had been made known to the Executive
Of the Union, in the autumn Of 1905, that
we might have the Floridas for a reason
able sum; that. that sum had not been so
appropriated by law. but that Congress
were to meet within three weeks, and
might appropriate 1t on the first or second
day of their session. Ought he for so
great an advantage to his country, to have
risked himself by transcendins the law
and making the purchase? The public
advantage offered. in the supposed case.
was, indeed immense, but a reverence for
law. and the probability that the advan-
tage might still be legally accomplished
by delay of only three weeks were
powerful reasons against hazarding the
act But suppose it foreseen that John
Randolph would find means to protraci
the proceedings on it by Congress until
the ensuing spring, by which time the
new circumstances would change the
mind of the other party. Ought the
Executive, in that case, and with tha
foreknowledge. to have secured the good
to his country, and to have trusted te
their Justice for the transgression of tn,
law? think he ought, and that the &C
would have been approved. After th'
affair of the Chesapeake, we thought wal
very possible result. Our magazine:
were lily provided with some necessary
articles. nor bad any appropriations beer
made for their purchase. We ventured
however. to provide them. and to plac,
our country in safety; and stating th'
case to Congress, they sanctioned the act
To proceed to the conspiracy of Burr
and particularly to Gen.. Wilkinson.
situation in New Orleans. In Judging
the case, we are bound to consider the
state of the Information. correct and in
correct. which he then possessed. He ex
pected Burr and his band from above, 9
British fleet from below, and he knew
there was a formidable conspiracy within
the city. Under these circumstances wa.
he iusti6able. 1st, In seizing notoriou.
conspirators? On this there can be two
opinions; one. of the guilty and their &C
complices; the other. that Of all homes
men. 2d, In sending them to the seat o
government, when the written law CAV,
them right to trial in the territory?-
The danger of their rescue, Of their con
tinuing their Vaccinations. the tardines:
and weakness Of tho law. apathy Of tn.
Judges. active patronage of the whole
tribe Of lawyers. unknown dispotism o
the juries. an hourly expectation Of tn,
enemy, salvation CT the city. and of tn,
Union itself, which would have been con
vulsed to its. center, had that conspirac,
success; al, these constituted law OF ne
cessity and self preservation. and render
ed the salus populi supreme over the writ
ten law. The officer who is called to &C
on this superior ground does indeed risl
himself on the Justice Of controlling pow
ers of ths Constitution. and his station
makes it his duty to incuro that risk
But. those controlling powers. an,