The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-07-12

TAs Cuban yambuseexs &C New Oxleans-Ia-
possane ~tasenostBs
Tn. shs Ne. orissns Dsits, July Il
JudGe CsOpbel yesterday ordered Col. Kennedy,
The Unitxd States Marshal. to take Ia charge 0ea.
John A. Quitmar. John 8. Thrsshcr, and DR.. A. L.
Saunders and ledge them in prison for nine months
S enter into Tor sSsl ss
refusal Of these gentlemen to give the security de-
manded Of them. This refusal WIS based upon Q
finn and immovable conviction that they were
Char ed with none, aud that their scquesOence IN
the order to give security for their good behavior
would be virtually submsaion to an Illegal. ancon.
sttutioDsl and tyIancal act to which no citsoa OF
Let the facts Of the case be clearly kept before
the public mind. We take the case Of Gen. Quit
man. that gentleman. summoned before = Grand
jury 70 testify - TO the existence OF purpose or
ccnpiracy to violate the neutrality act. stated that
he knew OF no movement having IN view the eman-
cipatinn Of Cuba from Spanish rule, In which he
was not par ticipator; and although his conscience
yet he would submit to the Grand Jury, II be ought
TO be asked further questions in tho matter The
Grand Jury replied no." and Gen. Quitman
retired. -.tN-M
Judge Campbell assumes that violation OF Law Is
intended and issues his order to hold to recogni-
gabce for good behavior.
We desire to give the facts correctly. Judge
Campbell charges citizen, who admits his know
ledge Of and participation in lawful movement in
behalf Of the independence Of Cuba, as criminal In
intent, who ought to be restrained OF his liberty.
This is question Of libusterism, or intended v0
fore the court connecting Gen. Quitman with any
such design. But the Judge decides that all and
every Imaginable means of promoting the object of
freeing Cuba from Spain. Is an offence against the
II skaA tvuo vvSr,
PERSONAL obloquy and breach of faith. Any man
VI 10 aids, countenances or thinks Of assisting the
Cutan people to revolt against our ally, Spain. VII,
lates the law and must give bonds for good behavior
the slightest degree when say that this Judge Of
he United States Court has repeated some half
q dozen times, that there can be no manifestation
the part Of any citizen Of the United States, in
favor Of the freedom Of Cuba, which does not sub
ect BIN to prosecution and TO rec0gnizance to keep
The peace. There is not one citizen In every five
hundred that may be met on our streets who Ia not
subject TO be arrested and thus dealt with. From
President Pierce and the majority Of his Cabinet,
down to the tidewaiter In the Custom House, nine
tenths Of our federal officials are guilty in the same
manner, and ON like proofs, rs Gen. Quitman.
against these dignitaries We could iii the Gaia Gala
bOose with thema1l the prisons and penitentiaries
In the Union would not hold them. Their incarcera-
ton would stop the wheels Of government, put is
in prison bounds. Indeed, If aiding and abetting par
Cuba in the past be cognizabe now, the Judge
would be bound, in fero consccntie, to put himself
under bonds worse still to have himselfindicted.
1t is difficult to'dwell upon this affair in modera-
ton. It is without parallel in our judicial history
Perhaps in the days Of Jeffries similar incident
may be found in the English history Of two hundred
years ago. II would be gross libel on the judica-
tune Of Great Britain to suppose that such case
could occur within the limits OF that monarchy ct
the present day. Judge Campbell is fortunate in
giving such strong proofs Of his selfsuciency and
intense despotsm. He has filed the measure Of his
ambition in playing the judicial Cromwcll-showing
his lofty moral courage, and thereby gratifying
fervept aspiration to be held up before and spoken
Of by the world as Judge Of the most sublime moral
courage, who, like Atlas. stands erect -
And oceans break thcir pillows at his feet. "
We think. however, the Judge should at least
give his conduct IN aspect Of consistency and le-
persons under recognizances for good behavior
From the common law? The power Is noe 70 be
found anywhere else. For its definition he refers to
Blackstone 9 Commentary on The Common Law Has
the powers Of the federal government, made by Mr..
Madison in the Virginia Legislature, which entirely
overthrow the common law in this country, and re-
leased our Judiciary from all subsection to it? This
doctrine has been further confirmed by the Supreme
Court in repeated decisions. 1t Is now settled
legal axiom, that court has no common law jnrisdic-
iion. And yet-the Judge appeals to the common
sw for power never dreamed Of before, Of holding
Ier.ons to bail who not charged with any crime
against whom no one appears who does not admit
tia. they intend to commit an offence. Elsewhere
in the several States and in England, the power to
hold to confined TO cases OF intended
breach Of the peace, assaults, &c. Who ever heard
Of putting under bonds not 10 commit piracy,
burglary arson, or any other crime?
But we need not dwell on proct eding which, as
yet has not single apologist defender. When, in
the broad limits Of the republic single person be
discoverd who Will assume the defence of the posi-
ton Of the Judge, we may be justified in discussing
it. At present we regret, in behalf of the admin
istration, that the pointed declarations Of Judge
Campbell should tent to throw upon il Q portion
of the responsibility Of this extraordinary transac-
ton It must speedily release itself from any such
responsibility. If it does not the inamy of Fillmore e
proclamation and Of the Round Island Invasion will
be mere peccadoes in contrast with the prodigious
unapproachabe arrogance and outrage Of this attack
upon personal hberty-upon every principle and
right Of republican freedom.
PROTEST OF THE PRISONERS
Last evening Messrs. John A. Quitman, j. s.
Thrasher, and A. L. Saunders appeared In the office
OF the clerk OF the United States Circuit Court in
response to the mttimus for their imprisonment,
which is in the following words:-
THE UNITED STATES OF AMERICA
Csgcud Court Of the United States, FJn Circuit and
Marshal 10TH 81 e. 1atss s.,ss soe *. Eastern
srict of Louisiana, or either Of HIS deputies r
These in the name Of the President Of the United
States of America 70 command you, the said Marshal
deputies and each Of you to convey to either
Of our ails the bodies Of John A. Quitman, John S.
1hrashcr, and A. 1. Saunders and them and each OF
them there safely to keep In your custody for the term
Of nine months from tho LIST day of July instant
til they shall comply with the terms of the orders here
unto sanexed sha be otherwise discharged by
pc.ent authority, and In due course of law.
| And herein fail not at your peril.
Witness the Hon. ROGER B. TANEY,
Chief Justice Of the Supreme Court Of
] 60 the United States, at New Orleans, this
/ s~ third day Of July: A. r., 1854,
! J. ". CURLY, Clerk
In the presence OF the witnesses whose here
to signed, tho following declaration ana protest was
made before John W. Gnrey Clerk previously to sgn-
ing the bond required by Judge Campbell.
regard the order Of Judge Campbell Of the JUS
ing 10 give bond and security that WILL for the
OF nine months observe the laws Of the United States In
general, and especially the called neutrality act of
1873 Unconstitutional illegal and arbitrary exer
else Of power. refused voluntary obedience 10 IT, be-
de med 1t my duty not TO yield, upon mere de-
mand. mr. sacred rights an American citizen. am
now y the order Of the close prs in the
M ricld this icQnl demand only