himself on the justice
of the controlling powers of the constitution, and his station makes
it his duty to incur that risk. But those controlling powers, and
his fellow-citizens generally, are bound to judge according to the
circumstances under which he acted. They are not to transfer the
information of this 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 British fleet from below, and that Burr's band was
crushed before it reached the Mississippi. But General Wilkinson's
information was very different, and he could act on no other.
From these examples and principles you may see what I think on the
question proposed. They do not go to the case of persons charged with
petty duties, where consequences are trifling, and time allowed for
a legal course, nor to authorize them to take such cases out of the
written law. In these, the example of overleaping the law is of
greater evil than a strict adherence to its imperfect provisions. It 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 is bound to obey orders: 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
may 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
rectitude of his motives.
I have indulged freer views on this question, on your assurances that
they are for your own eye only, and that they will not get into the
hands of news-writers. I met their scurrilities without concern, while
in pursuit of the great interests with which I was charged. But in my
present retirement, no duty forbids my wish for quiet.
Accept the assurances of my esteem and respect.
Th: Jefferson.
LETTER XCIII.--TO MR. LAW, January 15, 1811
TO MR. LAW.
Monticello, January 15, 1811.
Dear Sir,
An absence from home of some length has prevented my sooner
acknowledging the receipt of your letter, covering the printed pamphlet,
which the same absence has as yet prevented me from taking up, but which
I know I shall read with great pleasure. Your favor of December the 22nd
is also received.
Mr. Wagner's malignity, like that of the rest of his
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