The officer who is 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 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.
Pages:
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257