The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-03-07
Arrest Of Gov. Quitman.
MosILEy Feb. 20, 1856

Arrest Of Gov. Quitman.
MosILxy Feb. 70, 1851.
Eds. Delta The arrest Of the Executive of a
sovereign State, while in the discharge Of his Of
dcal functions, under process issuing from fed
eral court, is event, the mere novelty Of which,
it might be supposed, would attract universal at
tention. But when we consider the portentous
signihcance OF this extraordinary exertion ofpow-
er, and the vast consequences that must inevitably
flow from it as precedent-lhe apathy and in
difference with which it is regarded afford to eve
ry friend Of the South matter for mpurnful appre-
hension. The State Of Mississippi, whose Dig
nifty has been thus insuted, and whose very ex-
Istence, as political community, has been called
into question by the insult, manifests, apparently,
neither resentment nor humiliation--treatingt the
arrest of its governor with less concern than one
might reasonably expect from the proprietor of
small plantation, whose oyerseer had been taken
away by State sheriff for breach Of the peace
The question involved in this assertion Of pow
er, the part Of the federal government goes, to
the very foundation Of our political system, and,
IN my Judgment, transcends in importance any
other question that has engaged the public atten-
ton since the formation Of our Constitution. 1t
is important to the whole Union; but to the South,
fast falling into helpless minority, and therefore
vitality interested in preserving, unimpaired, the
constitutional landmarks of our system, and the
sovereignty of the States, it is question that de-
To discuss it as it's importance deserves, would
be beyond the limits Of a hasty communication
like this; and for greater task have not the
leisure, even if could fatter myself that pos
sessed the ability. must confne myself to sug-
gestions merely--to the statement rather Of con-
ciusions, than an elaborate of reasoning. The
work Of more careful elaboration. must leave to
minds more able, and to whom the public have
better right to look for guidance and instruction.
But make bold to say, that in the soundness Of
the views shall express, have no doubt what
ever, and trust and believe that the statement Of
them, while it will carry its own defence, will
suggest TO intelligent minds ready answer to
every difficulty that can be started on the opposite
side.
Gov Quitman, If am correctly informed as to
the facts, Indicted in the circuit court of the
United States, sitting in New Orleans, on the find
ing of grand jury, acting under the advice and
direction of that court, for aiding and abettns in
the violation Of the neutral laws Of the United
States, by the late attempted invasion of Cuba.
After the indictment was found, and previous to
any process issued upon il, experimenting the diff
iculty that might grow out Of any attempt at
coercive execution Of the process Of the federal
court (Which issued, presume, on motion from
the distrot court Of the United States for Mssis-
slppi,) the governor addressed the proper officer
or department of the federal government, request
ing that the proceedings might be stayed until his
term of Office should expire. This was peremp-
toriy refused and that this refusal was on the adj
vice, and with the concurrence Of the government
has not been, and presume will not be, denied
The process for his arrest therefore, issued, and
under it, while governor, and dscharging the du-
ties Of his Office at the capital of the State he was
arrested by the marshal Of the United States
Thus the alternative was presented, of a forcibIe
resistance his part to the mandate of the fede-
raj court, which must manifestly have resulted in
collision of arms between the State and the fed
II -. 4
He chose the latter alternatives most unwise
and injudicious choice must think, but originat-
ing, doubtless, in patriotic motives.
We need not, however, detain ourselves with
any inquiry of this kind. The arrest took place;
the assertion of power was made, and the question
is presented, Was that arrest lawful Was twar-
ranted by the Constitution or laws of the land, or
by any principles or usages of good government,
to which, in the absence Of express law, we are
accustomed to look for solution Of such difficult
ties'
Can the governor Of sovereign State of this
confederacy, while in the discharge of his official
duties, be arrested in virtue of legal process, is
suing from federal court, and taken out of his
own State to be tried for criminal offence against
the laws Of the Union
do not hesitate to give the question the broad
est and most confident denial. No such hostile
and despoic power is lodged in the federal gov
eminent, under the OBSERVATION-DISCLOSURES such ex-
lists, as an incident, either proper necessary to
the maintenance Of the Union, or the integrity o.
the federal government. Having no such power
under the Constitution, 1t can conide none TO any
Of its departments.
The government of the United States is the
creature. of the States; formed by them in their
sovereign capacity existing for their benefit, and
dependent for its continued existence upon their
will. The supposition is monstrous that gov
eminent, thus formed, possesses an implied pow
err, virtually to destroy the government of State
| state the proposition thus broadly, because it is
manifest that If the federal government, through
its judiciary, deprive State of its executive,
by legal process against the person Of its govern
or, it can, by the same process, issued for the
same or similar cause, deprive the State Of its le-
gislative power also. If, on an Indictment, found
in federal court, the governor of the State can
be arrested and forcibly taken from the State ev-
cry member OF the Legislature, and, indeed every
other State officer, may be dealt with in like man
ner, and thus the State, without its viii! or con-
sent, be deprived of its entire government, and
this on an pa,te proceeding of grand jury, not
only acting out Of the State, but in obedience to
another government. An indictment for treason,
on this supposition, found by grand Jury at
Washington, against the governor and the mem
bers of the legislature, while in session, whether
well founded, or the offspring Of arbitrary me-
evolence) would result in their immediate arrest
and abduction from the State, thus leaving it in
out government de (acto, although possessing
government de j,re; and what is worse, without
the power of organizing itself again, unless by a
recourse to its primitive right OF revolution Is
it possible, and do we now learn, for the first
tme the fearful fact, that the States Of this Union
hold their right Of self-preservation by no better
tenure than this and that their political otganiza-
ton may be thus annihated, at any moment that
an srbtary government, through its judiciary de-
partment, may choose to exert the portentous
power in question--suspending the existence of a
State government, by arrestng the officers to
whom the functions of government are for the
time entrusted
So insolent an assertion Of power-one so ut
terly subversive, not only of separate State sover-
eighty, but Of all correct ideas Of government
has never before, must think, been made in this
country; and yet ] maintain, with perfect conf
dence, that such an assertion of power and to
such extent, is directly and necessarily involved
in any proposition asserting the legality of the
late arrest of Governor Quitman.
Are the public men OF the South so wanting in
foresight and sagacity, not TO perceive the APP
picatIon that may be made Of this doctrine to the
future contingencies likely to be forced upon us :
Are they so blind not to discern the cloven