[swarthyguy]

As promised, the quote from Jefferson in his memoirs concerning the imposition of de facto martial law in the city of New Orleans by Gen James Wilkinson, without getting approval of the legislature or the general in charge of New Orleans, in an attempt to forestall any infiltration by supporters of Aaron Burr, whose "army" was a potential threat to New Orleans.

"A strict observance of the written laws is doubtless one of the high duties of a good citizen, but it is not the highest.

The laws of necessity, of self preservation, of saving our country when in danger, are of higher obligation.

To lose our country by a scrupulous adherence to written law, would be to lose the law itself, with life, liberty, and property and all those who are enjoying them with us; thus absurdly sacrificing the ends to the means."

...General Wilkinson's need to defeat the threat posed by Burr "constituted a law of necessity and self preservation, rendered the salus populi (Safety of the People) supreme over the written law."

Page 262 from An Artist in Treason by Andro Linklater - The Extraordinary Double Life of General James Wilkinson, Commander in Chief US Army and AGENT 13 in the Spanish Secret Service.

[marron]

I was unaware of this chapter of American history...

I knew that the Spanish had control of that region from some of my own digging. Some of our clan settled in Missouri in the very early days and I found that they were dealing with Spanish officers which suprised me since I knew from history that we bought the territory from the French. The French, as it turns out, had obtained it from the Spanish and left the Spanish officers in place. In fact it was only nominally French for a very short time before being resold to the US. Boone actually lost out on the deal, since his agreements with the Spanish were not honored by the American government.

Daniel Boone’s dealings in opening up the territory meant that he was appointed to office by the local Spanish government and through them he obtained permission to bring in settlers. The first settlers obtained their titles from the Spanish in the region, and Boone was in effect a Spanish government functionary.

[happygrl]

In this situation, as in the one cited, it may come down to Generals holding the line.....

"constituted a law of necessity and self preservation, rendered the salus populi (Safety of the People) supreme over the written law."