Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1863-06-04

r''t vtH iue, HDeTty, property ana al
absurdly sacrificing the end to the means ans
when In the battle Of Germantown, Gen
Washington's army was annoyed iron
Chew's house, he did not hesitate to plant
his cannon against it, although the proper.
ty OF citizen. When he besieged York.
town, he leveled the subsurbs, feeling tina,
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, provisions and even
men, by force, to enuble that army to stay
together.tHl 1t could master the public enc.
my; and be was justified. A ship ut sea iu
distress Tor provisions, meets another having
aoupdancc, yet refusing supply; the law
OF self preservation authorizes the distress
cd to take supply by force. In all these
cases, the unwritten laws of necessity, Of
self preservation, and Of the public safety,
control the written laws Of n,eun, and
trnm. Further to exemplify 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 reasonable
SUN, that that sum had not indeed been so
appropriated by law, but that Congress
we're to meet within three weeks, and might
appropriate it on the FIRST or second day of
their session. Ought he, for so great an
advantage to his country. to have risked
himself BY trahscending the law and II. king
the purchaser The public advantage of
fered, 10 this supposed case, was indeed i'm
mcnse but reverence for law, and the
probability that the advantage might still
be legally accomplished by delay of only
three weeks were powerful reasons against
hasardire the not: But suppose it foreseen
that John Randolph would find means to
protract the proceeding on it by Congress,
until the ensuing spring, by which timo new
circumstances would change the mind of
the other party Ought the executive, in
that case, and with that foreknowledge, to
nave secured the good to his country, and
TO have trusted to their justice for the trans.
gresslon OF the law think he ought and
that the act would have been approved.
After the affair Of the Chesapeake, wc
thought war very possible result. Our
magazines were lily provided with some ne.
cessary articles, nor had any appropriations
been made for their purchase. We ventur.
ed, however, to provide them, and to place
our country in safety; and stating the case
to congress, they sanctioned the act.
Io proceed to the conspiracy of Burr, and
particularly to Gen. Wilkinson's situation
III New Orleans. 10 judging this case, we
are bound to consider the state of the in
formation, correc. and incorrect, which he
then possessed. He expected Burr and his
band from above, British feet from below,
and he knew there was formidable CON
splracy within the CITY, Under these cir.
cumstances was he justifable, lst. in seiz
ing notorious conspnators On this there
can be but two opinions; one, of the guilty
and their accomplices; the other, that Of
all honest men. End. In sending them TO
the seat Of government, when the written
law gave them right to trial in the terri
toryp The danger of their rescue, of their
continuing their Vaccinations, the tardness
and weakness OF the law, apathy of the
judges, active patronage of the whole tribe
OF lawyers, unknown disposition of the
juries,. an hourly expectation of the enemy,
salvation OF the city, and of the Union itself
which would have been convulsed to irs
centre, had that conspiracy succeeded; all
these constituted law of necessity and self
preservation, and rendered the salus populi
supreme over the written law. The officer
who - 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
rfsh. But those controlling powers, and his
fellow citizens generally, are bound to judge
according to tho circumstances under which
ne acted. They are not to transfer the in
Iormation OF thus place or moment to the
time and place Of his action but to put
themselves into his situation. We knew
here that there never was danger of a Brit |
ish feet from below, and that Burr's band
was crushed before it reached the Mississip.
pi. But Gen. Wilkinson information was
very different, and he could act on no other.
From these examples and PRINCIPLES you
may see what think on the question pro.
posed. They do not go to the case of per
sons charged with petty duties, where con
sequences are trifing, and time allowed for
leghl course, nor TO authorise them to take
such cases out OF the written law. In these,
the example Of overlapping the law is of
greater evil than a strict adherence TO its
imperfect provisions. 1t is incumbent on
those only who accept Of great charges, to
risk themselves on great occasions, when
the safety Of the nation or some of its very
high interests are at stake. An officer ia
bound to obey ptders yet he would be a
bad one who should do it in cases for which
they were not intended, and which involved
the most important consequences. The
line OF discrimination between cases NAV be
difficult; but the good officer is bound to-
draw it at his own peril, and throw himself
on the justice of his country and the rso.
titude Of his motives
The case Of Louallier who was arrested |
by military order of Gen. Jackson, in New /,
Orleans, in March 1915, and tried by
'ourt martial is also in point. He was tried
BY court martial, ordered by Gen. Jack
ION. The court took jurisdiction of the I
'ase. Loualer was civilian, in no way q
connected with the army. He was charged t.
Nth the publication of an article deemed |;
nutlnous. He was acquitted Of the charge /
" the court because the court did not con. !
ider the article mutiaous. g
These cases show that if Gen. Burnside
rred in assuming this power, Mr.. Jefrer. 4
on and Gen. Jackson had set the example /
We do not write this to affirm that Gen Z
Burnside had the right 10 arrest Mr.. Val.
.ndgham and have him tried as he was -
No do not say whether it was, or was no, !
1pedient. But we do say that right or o
'rong, expsdient or inexpedient, he had {
PRECEDENT, and high authority for what bs