The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-02-14
From the Nep OrledRs Pisaysns.
The Neutrality Law.
THE AnRrsr or orsraAl aurrnAs

slant, that General uitman has been arrested ~
one of the parties to the Cuban invasion, and that
no will shortly be in this city 10 answer 10 an in
dictment for the offence, pending in the circuit
court of the United States. From the same source
we learn that his excellency is preparing protest
and proclamation upon the matter OF his arrest,
which. II we take the spirit Of the Free Traders
correspondence ~ an excmpar, will electrify the
public, If the most ferocious words in the dctona-
ry may achieve that effect We will not, however,
judge Of the protest or proclamation in anticipa-
ton of their appearance. We shall consider of
them when they before us-confning
marks for the present to the simple fact Of the
rest. and to the temper in which it is announced in
the journal in question.
II would seem that in Mississippi It 10 mon
strous outrage upon the liberties of the people-a
violation of the sovereignty Of the Stato-a tramp
ling upon the franchise of frcemen, and an insult
to everybody aud every thing-to hold an execu-
tive officer to accountability which common folk
must respect. This doctrine finds no countenance
in the Constitution precedent in the history of
the palmy days Of the Republic. The founders Of
American libertics little dreamed that they were
establishing government for the purpose of con-
ierring upon its officers an immunity from respon-
ability to Jaw; and we doubt If. in creating the
executive office. they regarded the work of their
hands a. prcrogative Of crime. Such theory
shocks the common sense. II is repugnant to the
idsa Of all men being equal before the law. How
that construction Of the constitutional obligations
of the citizen which holds the high and the low
equally bound 10 respect the law, which all par
ticipatc in making, is an Infringement upon the
rights of any one, only be cyphcred out in the
school where the value Of the Union has been 30
often submitted to arithmetical that the
slate and pencil have supplanted Constitution and
common law.
II IL by the Same reasoning that the arrest of one
citizen charged with violation Of law is construed
into insult upon everybody residing in the same
State with him. This susceptibility to vicarious in
dignity might be accounted for If the savans of the
theory held every man in the State individually
responsible for breach Of law committed by one Of
them.
We apprehend that constitution which sub
ected the whole body of citizens criminal prose
cution for what Of them did, although that one
held an exalted Office, would find few supporters,
even in Mississippi. There is not then that degree
of responsibility and connection between the guilty
and innocent parties to create emotion in the latter
because the former Is brought to answer to the law
If there be any insult in the CASE it is in tho breach
of the law, and not in the atonement. A whole
people may be excused little chagrin, if one who
within their gift 90 far forgets his position and
their kindness to abandon his duty for season,
enter another State, and there participate in
ganizcd violation of law We do not charge that
General Quitman is guilty; but grand jury, upon
aprobablc showing, have, upon their oaths, found
true bill against him, and to this he should be
held to respond, like any other man.
It il very apt inquiry in this connection, to con-
slider whether it is not quite respectable in the
Governor Of State to go into another State to
make amends for breach Of law as to go there for
tho purpose of breaking il. Would the executive
function suffer any more by his being absent to
plead TO an indictment than it did account of
his abscnce whilst giving grounds for one 70 be laid
against him? And furthermore, If General Quit
could leave his constituents, to dabble in in
tcrdicted practices, might they not spare him for
awhile that the law be vindicated?
We think that the doctrine Of State sovereignty
in the present is impressed into the service OF
General Quitnan by his friends very gratuitously,
not to say unwisely. Admitting, for the moment,
that there was any merit in the doctrine at any
time screening offender, il is of doubtful APP
plcation hero. If Mississippi be sovereign State,
Louisiana is no less 80; and it, account of Mis-
sissippi sovereignty, the Governor might set at de-
ance the law of the United States there it does not
follow that he may come into another sovereign
State and defy the law here. Here we have a set
of Of sovereignties.
Without designing the slightest comparison be-
tween the cases, suppose the Governor of an adj.
jacent State should take II into his head to stop the
mails, forestal the revenue, lay waste the land
Offices in Louisiana, could he wrap himself up in
his official robes and claim immunity from punish
ment? He would have just much right to do
these things to come here and violate the law OF
,,nlo rx,,hs n..:k~ - =
dicted. We dsclaim drawing parallel in respect
to the degree and quality Of the guilt in these cases.
yet, as no one can tell what crotchets may enter
the heads of those who hold themselves above the
law, If the immunity of the Governor is made
good in the matter now before the courts Of the
United States, all the rights enjoy under the laws
of Congress are exposed to like infringements and
assault.
The question, as it now stands, has nothing to do
with the natural sympathies which men have in be-
half Of any people laboring under oppression.
These will, no doubt, be effectively employed by
the Defence If the is brought to trial. Nor
docs desire to see the laws indicated and re-
spected imply wish to have any found guilty by
ajury. The simple inquiry is, can Governor Of
one State enter the territory of another State and
there violate with impunity the law Of all the States
The affirmative of this question not only exposes
other States to depreciation and outrage, but il s
creating gigantic irresponsblity to law and JUS
tice in every State of the Union. the fun
damcntal principle of representative government,
which inculcates the idea that the higher rise
in the State the strcter should be their accounta
bility The law-loving, law-abiding instincts Of
the people would longer be refreshed by official
example. What deplorable condition of public
morals would result from recognised right Of cx
ccutives to set all law at defiance. Imagine this
immunity improved. We would see violence and
corruption in high places shedding their balcfu in
fuenccs upon all below. There would be little re-
spect shown an Executive authority which held the
law, which IL would make others oboy in contempt
The escutcheon of the States would be begrimed
and blacked by deeds of violence; and the current
of retrbutvo justice, muddled at its source, would
overflow the land in stagnant pools. corruptng ra-
thcr than purifying the body polite
w. III, 49, Al.