Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1858-06-26
From the Mobile Register Of he 16th-
The Mobile Register on Judicial Des

Not many years ago bis Honor would have
said {: The Constitution of the United States
recognizes the people of the States" &c, &c
But it is the part of good judge, so the law
books tell u.s. dmpliaTe itrisdictonem- ex-
tend his jurisdiction-and SO, we presume,
it is the duty of good federal Judge to break
down the sovereignty of the States. centralize
the Government, and finally bring all matters
of civil litigation within the cognizance OF
the federal courts
'IR pisderleanors, all accessories share as
principals; and the accessory is he who by
hire, commerce, counsel or conspiracy, and he
who by showing an express liking appreciation
or assent to an Illegal enterprise, does aid and
abet party TO commit it." Thus the express
sion of an opinion, the manifestation of SYM
pathy, is made criminal If wo are to return
TO persecution for opinions sake, and the Fee
deral Judiciary is TO be made the instrument
for such inqnisitorial proceedings, the sooner
the Federal Government is destroyed the bet
ter. If these be the principles which are to
guide the judgments of Federal Courts, perish
at once and for ever all traces of a govern
ment so odiOus in its doctrines, so detestable
in its decisions. When such words fall from
lips of the Federal Judiciary, the people of
the United States have lost their ancient spirit
and ancient valor, if they tamely submit to
doctrines which make slaves of themselves
and their children.
But the Associate Justice of the Supreme
Court of the United States is not satisfied with
an Interpretation of the act of 1918, which
| makes large portion of the people of the
States criminals, because they hold andexpress
| certain opinions. He is not content with
| placing nearly the whole country between the
Potomac and the Rio Grande under the ban of
common criminalty. After treating of the
act of 1918, his Honor comments on the sta
| tntes against the slave trade, and thus con-
sludes:
The nature and objects of the laws for the
suppression of the slave trade, are not similar
to those that prohibit illegal military enter
prises on the part of individuals against friend
! ly States Congress has. in either case, legis-
| lated to protect the exposed, weak and unde
Tended from the violence, lust and brutality
| of the strong, exerted in opposition to nation
| al right. And had Congress denounced both
| classes of cases as piratical, they would have
| violated no rule of language or of law"
| This, taken in connection with the passages
we have before quoted, contains a direct and
palpable insult to the public conscience. When
we consider other facts which have transpired
since the charge to the Grand Jury was deliv-
cred, the sentiments and opinions therein
stated become parts of most wantOn lnva-
sion of public rights-of most dangerous
and destructive violation of individual IL
bcrty.
After the charge to the Grand Jury, the
with. 1t was to he expected, from the nature
of the opinions already given out by Judge
Campbell, that the decisions in the case would
be strong against the prisoners But no one
was prepared, even by the extraordinary
charge of the Grand Jury. for the marked and
decided feeling-we can use no other word
the Court evinced against the defendants.
The District Attorney sinks into Obscurity
before the perIinacious zeal and cunning skill
with which the Court puts questions to the
witnesses for the United States. The dull
and clumsy mind of Mr.. Attorney Semmes
disappears before the ingenious suggestions
and the crafty insinuatiOns with which Mr..
Justice Campbell admits evidence and strives
to make impressions on the minds of the jury.
In the course of the argument of the case.
and while General Walker was addressing the
jury, he was interrupted by the Court and
told that it was not permissible for him to
speak in manner derOgatOrv to the Govern
mcnt. Has the Alien and Sedition law been
revived? Is it indeed true that prisoner,
when pleading for his liberty-it may be, for
his life and characters not to be permitted
to derogate from the character or to criticise
the conduct of the persons connected with |
the Federal Government? Are we i'll a mon
archy where the maxim prevails that 'the
King can do no wrongW
AS for us, we hold that the acts of the
President may ce commented on in court
of justice with as much freedom and boldness
the humblest clerk i'll department. The |
President sbut the minister aud agent of the
people of the sovereign States; and his agency |
does not exempt him from criticism or cen
sure If the Chief Executive be proper per-
son, honest in his intentions and honorable III
his acts. he does not need the assistance of
judicial power to maintain his character or to |
put down his assailants His conduct is his |
best defense; Dor dove suppose that Mr.. /
Buchanan will at all thank Justice Campbell |
for intcrposing the ermine between him and |
any accusations which may be brought against |
him.
The Jury. however. refused 70 find General |
Walker guilty. On the contrary. they stood |
ten for acquittal and two for conviction, these |
latter openly declaring, as we are assured, |
that they were influenced entirely by the |
charge of the Court. The District Attorney |
moved to enter n nolle proSeqin, which, although
Judge Campbell evinced his repugnance To |
it, was finally done. But as soon as the nOlLe |
was entered without molten by the counsel /
for the Unit, d States Judge Campbell entered |
a rule to show cause why the defendants |
should not give bond for good behavior and |
not to violate the act of 1918 On the hear
ing of this rule, well a thTaaEneut the |
previous trial, the Justice of the Supreme |
Court took frequent opportunities to detract |
from the character of the defendants.
In his written opinion on the merits OF the |
rule his Honor assumes that Gen. Walker has |
been a frequent violator of the law-that he !
had entered Nicaragua in 1855 against the |
laws of the United States-that he had landed |
at Puuta Arenas in 1857 in violation Of those |
lawsAsnd that he was now, according to /
newspaper accounts, medtating new expedi- |
ton against Nicaragua. We need not stig- |
Matte as they deserve such acts Of a high /
judicial functionary. We will not say how |
deserving of reprobation is the act of him
who makes use of his place and power to
blast the good name of another, however |
humble; nor is it necessary for us to declare /
how profound should be the disgust, how deep
the Indignation, of every good citizen at the |
Judge who pursues such practices. We will
IN rely add that Judge Campbell required |
Gen. Walker and Col. Anderson to enter into
recogniZances, on vague rumor and bare sus-
picion, without any accusation brought or
affidavit made
The wrong done to these men is not wrong /
to them alone. Ii is a wrong done 10 every
one OF us. 1t is wrong done by the Federal
Judiciary to all the people of all the States.
By assuming, in the face of the action OF the
Jury the guilt Of Gen. Walker, Judge Camp
bell has assumed the guilt of all those thous-
ands and tens of thousands who have ex-
pressed their appreciation of the enterprise III |
which that gentleman has been engaged. As
suming then, the guilt of myriads of his
countrymen. his Honor has yet further brand
ed them with the epthet of ''piratical." Not
satisfied with the moral opprobrium of this
base epithet, he declares his right. and there
fore duty. 30 bring ali such persons before his
tribunal, aud require of them bonds for their
future conduct Could federal tyranny and
oppression further goy
We call upon the people of these States TO
fix the mark of their reprobation upon the
fed,ra al officer who has committed this assault,
not only upon their sentiments and opinions,
but upon their rights and liberties. Let them
reflect gravely upon the principles he has laid
down, AS well upon the acts he has done.
Let them consider whether they are willing
to live under the rule of such law and such
precedents. For ourself, We declare we are