The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1863-05-08
4 DOCUMENT FOR the TaMEs
Letter from TIL bOmas Jefferson to ].
r. Calvin 0n the Laws of Necessity
i'm Times of yss bile Danger.

II LIE HcciiuS bdS UcS
furnished by General Wheat, the Attorne
General OF Virginia. with the following lei
ter. which he has recently found in Vo
5tb, DID. SAG OF Thomas jefferson
works. Up to this time it seems to hav
escaped the notice of public writer's. 1t
ssrikingly applicable to the present condition
of the country, and shows what the autho
| of the Declaration of Independence and on
of the fathers of the Republic thoug ght to b
the duty Of a President in times of iusurrec
ton and public danger:
MONTICELLO, September 20.
/ SIR: Your favor of the I4th has beer
duly received. and have to thank you fol
the many obliging things respecting myself
which are said in it, If | have left in the
breasts of my fellow citizens a sentiment oil
satisfaction with my conduct in the trans
action of their business. it will soften the
pillow of my repose through the residue OF
my life.
The question you propose. whether cir
cumstances do not som etimes occur. which
make it duty in offices Of high trust. to
assume authorities beyond the law, is easy
Of solution in principle, but sometimes em.
barrassing in practice. A strict observance
of the written laws is doubtless one of the
high duties of a 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 country by scrupulous adherance to
written Law, would be to lose itself, with
life. liberty, prosperity and all those who
are enjoying them with US thus absurdly
sacrificing the end to the means. When, in
the battle of Germantown. General Wash
ington's army was annoyed from Chew's
house. he did not hesitate to plant his can
non against it. although the property Of
citizen. When he besieged Yorktown, he
leveled the suburbs. feeling that the laws
Of property must be postponed to the safety
Of the nation. Willis the army was before
York, the Governor of Virginia took horses,
carriages. provisions. aud. even men. by
osce. to enable that army to stay together
ill it could m,ster the public enemy, and
De was justified. A ship at sea in distress
or provisions meets another having ablud-
inee, Yet refusing 10 sapply; the law of
self preservation au.horizes the distressed to
AXE q supply by force. In al these case the
inwrif'en laws of necessity, of self lf-preservs-
ion, and of the public safety. control the
lnwritien laws Of meum and teum.
Further to exempity The principle, | will
'tate an hypothetical case. Suppose it mad
been made known to the Executive Of the
mon. In the autumn of 1905, that we
night have the Floridss for a reasonable
um hat that sum had not been SO appro-
oriated by law, but nat Congress were to
meet within three weeks, and might appro-
)riate It on the first or second day Of their
ession. Ought he, for s. great au sdvan-
age to his country, TO have risked himself
~ transcending the law and making the
purchase! The public advantage offered.
n the supposed case, was. indeed immense
,ut reverence for law, and the probability
hat the advantage ight still be legally
Iccomplised by delay of only three weeks
we're powerful reasons against hazarding
he act. But suppose it was foreseen that .
ohm Randolph would find means to protract ,
he proceedings on it by Congress until the
'nsuing spring. by which time new circum-
tances would change the mind OF the other
'arty. Ought the Executive. in that case,
md with that foreknowledge, to have secur-
d the good to his country, and to have
rusted to their justics for the transgression
f the law? think he ought, and that the :
ct would have been approved. After the
flair of the Chesapeake, We thought war q
cry possible result. Our magazines were
lily provided with some necessary articles. ]
or had any preparations been made for j
heir purchase. We ventured, however, to
rovide them. anl to place our country in
afety; and stating the case to Congress,
hey sanctioned the act. To proceed to
he conspiracy Of Burr, and particularly to
}eneral Wllkinson's situation In New Or
sans. In judging the case, we are bound
o consider the state Of the information.
orrect and incorrect. which he then pos-
essed. He expected Burr and his band .
rom above. British fleet from below, aud
70 knew there was formidable conspiracy
Tithin the city. Under these circumstances,
Tas he jusiihable, lst. In seiz;ng notorious
onspirators On this there can be but
wo opinions one, OF the guilty and their
complies; the other. that of all honest
,en. Cd. ln sending them to the seat of
government, when the written law gave
hem right to trial in the territory The ,
anger of their rescue, of their continuing
heir Vaccinations, the hardness and weak.
ess OF the law. apathy of the Judges, active
of the whole tribe of LAWYERS.
oknown disposition Of the juries, an hourly
xpectation of the enemy. salvation of The
ity, and Of the Union i.self, which would
ave been convuised TO its centre, had that
onspiracy success all these constituted
w OF necessity and self-preserva,ion. and
endered - the saIxs popEli supreme over
be written law. The officer who is called
Q act on this superior ground, does indeed
'sk himself on the justice of the controlling
overs OF the Constitution, afd his statioo
makes 1t his duty 20 incur that risk. But
hose controlling powers. and his fellow citi-
ems generally, are bound to judge accord
ng to the circumstances under which he ac-
ed. They were no, 20 transfer the informa-
lon OF tins place or moment 10 the time of
rs action but to put himself iaso his sitaA
ion. We knew here that there never was
anger Of a British fset from below, aud
hat Barr's band was crushed bssore !. reach
d the Mississippi. Bot Genl W,lkiason,s
nformaiion was very different. snd be cdald
ct on no other From these examples aad
rineiples you NAV see what think on the
uestion proposed. They do no, go to the
ase Of persons charged with petty duties,