Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1863-04-11

u'' Aeeit a dutJ IN officers Of high trust, to /
assume authorities beyond the law, is easy |
OF solution in principle, bnt sometimes en-
Oarrasslng in practice. "A strict observance
OF the written laws issdloubtless,one of the /
nigh duties of a good citizen, but it is not i
tue highest. The laws of;necessity, of self /
preservation, of saving our country when |
10 danger, are of higher obligatfou. Tod
lose our country bya scrupntous adherence
to written law; would be tolose itself. with
me, loerty, property and all those who are
edJoying them with ns; thus absurdly
Sacrificing the end to the means. When,
10 the battle of Germantown, Gen. Wash.
lngton.s army was annoyed from Chew,s
house, he did not hesitate TO plant his
cannon against it, although the property
OF citizen. When he besieged Yorktown,
9 Q ieyeledtbe suburbs, feeling that the laws
Of properly mustb be postponed to the safety
81 the nation While the army was before
ork, the Governor of Virginia took
uorses, carriages, provisions, and even men,
by force, to enable that army to stay to
gether till it could master the pnt,lic enc
my; and he was justified A shin at sea in
distress for provisions meets another haV-
lrg abundance, yet refusing supply; the
law OF self preservation authorizes the
distressed to take supply by force In
all these cases the unWritten laws of me-
cessltyI of Representation, and of the
public safety, control the written laws of
meum aud -teum.
Further to exemplify the principle, I will
state an hypothetical case. Suppose it had
been made known to the Executive of the.
Union, IN the autumn of 1906, that we
might have the Floridas for a reasonable
sum- that that sum had not been so approes
i priAted by law, but that Congress were to
4 wi 10
propriAte it on the first or second day of
their session. Ought he, fossRe-Sseetrsv-
advantage to his country, to have rIskgd,
t'ntmsetT Oy rrauseoo1linae the law and make
ing the purchaser The public advantage.
offered, in the supposed case, was indeed
inmensei butia reverence for law, and the
PROFANITY that the advantage might still
oe legally accomplished by delay of
only three weeks were powerful reasons
against hazarding the act. Bnt SUPPOSE
It torseen that u John Randolph would
lind means to protract the proceedings
on 1t oy Congress until the ensuing spring,
| by which time new circumstances would
change the mind of the other party. Ought
the Executive, in that case, and with that
toreknowledge, to have secured the good
to his country, andto have trusted to their
justice for the transgressiou efthe law2-I
think he ought, and that the act would
have been approved. After the affair of the
Chesapeake, we thought war q very posi-
Die result. Our magazines were my pro.
YIued with some necessary articles. nor
had any appropriations been made for their
purchase. We Ventured, however, to pro-
vide them, and to place our country in
satety; and stating the case to Congress.
they sanctioned the act. To proceed to the
conspiracy OF Burr, and particularly to
Gen. Wilkinson's situation in New Orleans
In Judging the case, We are bound to con-
slder the state of the information, correct
and incorrect which he then possessed
de expected Burr and his band from above
BRUSH heet from below, and he knew
mere was formidable conspiracy within
tue cry; Under these circumstances, was
he Justihabie, lst. In Selling notorious con-
spirators2 On this there can be but two
opinionsi one, of the guilty and their ac-
complies the other, that of all honest |
men. I'd. In sending them to the seat of
government, when the written law gave
them q right to trial in thetterritory? The
danger of their rescuoj of tl.s;.-..S4;A..;..o,
their Vaccinations, the hardness and
weakness of the law, apathy of the
Judges, active patronage of the
whole tribe of lawyers, unknown
disposition of the jurics, an hourly exDec.
tation of the enemy, salvation of the citv.
and of the Union ITSELF which would have
been oonVulsed to its centre, had that con
splracy succeeded; all these constituted a
law OF necessity and self-preservatIon and
rendered the salWs Populi 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 cobtroll.
ing powers of the Constitution, and his
station makes it his duty to incur thatrisk.
but those controlling powers, and his fell
loW-citlzens generally, are bound to Judge
according to the circumstances under
Whlch ne acted. They are not to transfer
the information of this place or moment To
the time and place of his action; but to mt
himself into his situation. We knew here
that there never was danger of British
Meet from below, and that Burr's band
| was crushed before it reached the Missis
sippI. But General Wilkinson's inTorma-
tion was very different, aud he conII NOT
on no other. From these EXAMPLES and
principles you may see what ] think on the
question proposed. They do not 90 to the
case otpersons charged with petty duties.
where consequences are trif1ing, and time
allowed for legal course, nor to author.
lze tnem TO take such cases out of the writ
ten law. In these, the example of over
leaping the law is Of greater evil tban
strict adherence to its imperfect provisions
accept of great charges Sss IT TO y T riaS
themselves on great occasions, when.
the safety of the nation, or some of
its very high interests are at stake. An
officer is bound to obey orders; vet he
would be bad one who should do II IN
cases for which they were not intended.
and which involved the most important
consequences. Theline of Discrimination
between cases may be difficult; but the
good officer is bound to draw it at bis own
PERIL and throw himself on the Justice of
his country and the rectitude Of his motives.
| have INDUCED freer views on this
question, on your assurances that they are
not get into the hands of news-writsrs. 7
met their scurrilities without concern.
while in the pursuit of the great Interests
With which Was charged. But in nv
l present ratiramant m Dr. E.-L:.1-- =