New Orleans daily crescent., 1858-11-30
Letter from Gen. John a. Quitman,
lrrom the Now orleans pelta Of August 81, ls'4.

This gentleman, who lately presided in the VI >
Grcnit Court at New Orleans, appears to have come
to the South fail oil zeal TO ferret out some ihEacuoi
Of the Neutrality laws,
I Upon taking the bench he announced that he Woult
hold his Court open for six months. il necessary, Y
prevent our people from aiding their neghbors of Gu
ba to shake OF the grinding despotism OF SPAIN Ht
seemed desirous Of correcting the common error int
/ which the best men of our country had tallen-tha
there vas neither crime nor dishonor in individual
advocating and aiding the extension OF American in
situations on this continent, by the same means b.
which they were established in our country-by revo
| luton. He held that those who contributed none
| to such purposes were criminals, and those who b
| speeches melted g ineautous young men to tax
| part in such enterprises were g most criminal" Re
| peated charges were made to the Grand Jury, am
when after digent inquiry they reported to the Conr
briefly that they could hud no infraction Of the laws
4 Judge Campbell sent them back again, with instruc
tions to make fuller and more detailed report will
view, as it afterwards appeared, OF giving color y
i his subsequent arbitrary proceedings.
| Upon the coming Of the desired report the Judge
who throughout seemed to be familiar Wlth bhe
secrets of the jury room stated that ne shoula areG
copy to be transmitted to the Secretary Oh state al
Washington and without any affidavit, charge or ae
cusaton of ofiense against u.s. ordered Mr. IhTasher
DIR. Saunders and myself, seyeraly to enter INTO re-
eogniZanees with surees, TO observe the laws OF Tue
United States in general and the Neutrality laws 10
| particular for the space OF nine months.
| Upon my refusal to comply with this illegal de-
mapd was committed to the custody OF the Marshal
and afterwards directed to imprisoned IN the parish
mil of New Orleans for nine months. After the final
adjournment of the Court entered into the required
| recognizance under the following protest, made be-
fore the Clerk of the Court in the presence OF wit
| nesses:
Justices of the Supreme Court of the United States,
requiring me to give bond and security that will,
for the space of niue months, observe the laws OF the
United States in general, and especially the soCaed
Neutrality act of 1918, unconstitutional, illegal,
and arbitrary exercise of power refused q V0lun-
targ obedience to it, because deemed it my duty not
to yield upon mere demand, my sacred rights as an
American citizen. am now, by order OF the same
Judge, close prisoner in the hands OF the Marshal
yield TO this illegal demand only because have no
appeal from power which, practically, is absolute
and Irresponsible
Under duress of imprisonment, and with a solemn
protest against the assumption OF power claimed by
the aforesaid judge in this case, am compelled to
s'91 ~ Jsls (sgnef) II we j, A QUIrMAN,
New Orleans July ), 1851"
Judge Campbell finding that public opinion CON
demned his arbitrary and oppressive acts has recent
" caused to be published in the Delta written opin
ion differing essentially from that orally delivered by
him in Court at the time of his demanding reCog-
nizances from Mr. Thresher, Dr. Saunders and my
sell.
Until the appearance of this posthumous opinion
had no intention of appearing before the public,
content to leave the imputatons cast upon me, and
many good and patriotic citizens to the test of time
and the good honest sense of the great mass of our
coGntrymen, who however they may be divided in
opinion on questions of temporary policy, will not,
on great and interesting questions fail to distinguish
between right aud wrong-though timid, time.sery-
ing politicians and pharisaical professors Of national
morality, with selfish purposes, may conspire to mys
tfy the questions, and delude the public mind.
Had Judge Campbell in bis posthumous opinion
the afterbirth of an uneasy mind-conined himself
to the facts as they were however odous his opinions
may have been to every sound idea of the constitu-
tonal rights and liberty of the citizen, would have
left them to the criticism of an enlightened repubIi-
can bar, and to the serons reflection oil the states
men of a free people but regret to say that his
statement Of the fact is entirely destitute Of oun.
dation in truth, as to be bellous and to compel me
reluctantly to deny them by the same channel by
which they were propagated
have said that this pcsthumous 'opinon" differs
in toto from the oral opinion delivered by the Judge
in Court, in my presence, and that Of number of
gentlemen in attendance. 1t is due to myself to say
that had any Of the statements upon which shall
comment been made in my presence they would have
been contradlced on the spot IN as strong terms
my respect for the Court would have permitted But
inasmuch as the opinion has but recently been
brought to light through the press have no choice
but to expose the Judicial manufacture of facts by
the same means. / again repeat that do not now
intend to present to the public the sdebar efforts of
Judge Campbell to influence the Grand Jury to find
true bills against the friends Of Cuban independence
nor will comment upon the legal arguments of his
opinion except to say that it is obscure eyasye and
| sometimes daingenuons It's leading feature is o
studied effort to show the existence Of arbitrary power
in Federal judge to imprisOn citizens at his pleasure
IA power which he claims to derive, not from the
Constitution of the United States the laws there
| of, but from the common law of England, and from
monarehical precedents For this refer to bis pub
lished opinion My purpose is to show his perverson
and Misrepresentation Of facts and to defend myself
against charges and insinuatons contained in the pub.
lished opinions which were wholly supported by the
evidence, and are not true.
lst To give dignity and consequence to his as.
sumption of power, Judge Campbell heads his pub.
licaton with the title UNITED States of America vs..
John A, Quitman.
Why this heading, unless to insinuate that there
was prosecution pending against me Now there
was no such case in Court charge; noaCCusatiOn;
no affidavit OF any ohense nothing OF the kind on
record. The case was made by Judge Campbell. 1t
grew out OF his opinion. Ny name is not even con.
tanned in the Grand Jury's report, Judge Camp,
bell alone is my accuser He made the case and gave
it name.
There was neither charge, accusation nor complaint
against me by the Government. There being no
such entitled case, why, unless to convey false inn
preston, was such title assumed to the published
opinion
"a The first line of the published opinion OF Judge
Campbell is not true 1t TeCites This originated
in requistion by the Court upon the defendant to
show cause why he should not give bond, etc >
Now assert that no such requisition or rule was
ever served on me. There is none record-no such
| rule was eyer made. The first order OF record in
! regard to myself was positive order, requiring me
| to give recogniZance with sureties, that | would
observe the laws OF the United States etc. and upon
| my prompt refusal to do so, it was followed by an
order Of commitment to the custody OF the Marshal
and afterwards by order Of close confinement in the
| Parish Jail niue months.
Sd, The third statement in Judge Campbelt's pub
iished opinion which shall notice. may be true but
50, it exhibits proceeding not creditable to the
| dignity and impartiality Of a court of Justice HI
| says, "at the time the report was made . my name
"was returned with others who had declined to an