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.  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 tribe of brother printers, who deal out calumnies for federal readers, gives me no pain.  When a printer cooks up a falsehood, it is as easy to put it into the mouth of a Mr. Fox, as of a smaller man, and safer into that of a dead than a living one.  Your sincere attachment to this country, as well as to your native one, was never doubted by me; and in