Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1863-10-31
A Document for the
Times.
A Letter from Thomas Jefser.
son. On the Laws of Necessity
in Times Of Public Danger.

The Wheeling LRteLigencer has been
furnished 10y Gen. Wheat, the Attorney
General of Virginia, with the following
letter, which he has recently found in
Vol. 5ih, Up. 1924, Of Thomas JEFF
ferson's works. Up TO this time it seems
to have escaped the notice of public wri
terF. 1t is strikingly applicable TO the
present condition Of the country. and
shows what the author of the Dcclara-
ton of Independence and one of the
fathers of the Republic, thought to be
the duty of President in times Of in
surrcction and public danger
MONTICELLO. Sept. 20.
SIR Your favor of the l4th has
been duly received, and | have to thank
you for the many obliging things respect
ins myself which are said in it. If
have left ia the breasts of my fe!Iow-cit-
liens a sentiment of satisfaction with my
conduct IN the transaction of their bust
ness, it will soften the pillow of my re-
pose through the residue of my life.
The question you propose, whether cir
cumstances do not sometimes occur,
which makes it duty in officers of high
trust TO assume authorities beyond the
law, is easy of solution in principle, but
sometimes embarrass in practice. a
strict observance of the written laws is
doubtless one Of the highest duties Of
i as4. h..f - = IL
Tie laws of necessity, Of selfpreserva-
ton, Of saving our country when in dan
ger, arc of higher obligation. To lose
our country by a scrupulous adherence
to written law, would be TO lose itself,
life, liberty, prosperity and all those who
are enjoying them with us; thus absurdiy
sacrificing the end 10 the means.
When IN the battle of Germantown
Gen. Washington'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 be-
sieged Yorktown, he leveled 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. car
riages, provisions, and even men by
force, TO enable that army 10 stay togeth-
er till it could master the public enemy,
and ne was justified. y ship at sea in
distress for provisions, meets another
having abundance, yet refusing to sup
ply the law of self-preservation author
ises the distressed to take supplies by
force. In all these cases. the unwrit:en
laws of necessity, of self preservation,
and Of the public safety, control the un-
written laws of meum and teum.
Further to exemplify the principle, l
will state an hypothetical case. Suppose
ii had been made known to the Execu-
tive of the Union. in the Autumn Of
1905, that we might have the Floridas
for reasonable sum that the sum had
not been so appropriated by law. but
that Congress was TO meet within three
weeks, and might appropriate it on the
first or second day of their session.
. Ought he. for SO great nm advantage to
his country, to have risked himself by
transcendmg The law and making the
purchase (! The public advantage offer
ell in the supposed case, was indeed inn
mcnse, but reverence for law, and the
probability that the advantage might
still be accomplished by delay of only
three weeks. were powerful reasons
against hazarding the act. But suppose
it was foreseen that john Randolph
would find means to protract the pro-
ceedings on it by Congress until the en-
suing Spring. by which time new circum-
stances would change the mind of the
other party.
Ought the Executive, in that case, and
with that forckno Wedge, to have secured
the good to his country, and TO have
trusted 10 their justice for the transgres-
sion of the law ? think he ought, and
that the act would have been approved.
Alter the affair of the Chesapeake, we
thought war very possible result. Oar
magazines were lily provided with some
necessary articles, nor bad any appropri-
atoms been made for the purchase. We
ventured, now, 10 provide them, and to
place our country in safety; and stating
the case to Congress, thev sanctioned the
act. To proceed to the conspiracy Of
Burr, and particularly to Gen. Wilkin-
sons situation in New Orleans. In iudg-
ing the case we are bound to consider
the state Of the information, correct and
incorrec', which he then possessed. lie
expected Burr and his band from above,
British fleet from below, and he knew
there was formidable conspiracy with
in the city.
Under these circumstances, was he JUS
tifable, lst, in siezing notorious conspira-
tors On this there can be but two
opinions; one, of the guilty and their ac-
completes; the other, that of all honest
men. 2d, in sending them to the seat of
Government, when the written laws gave
them right to trial in the territory p
The danger of their rescue, or their con
tinuiBg their Vaccinations, the hardness
and weakness Of the law, apathy of judg-
IS, active patronage of tho whole tribe
of lawyers, unknown disposition of the
juries. an hourly expectation of the enc
nv, salvation Of the city, and of the Un-