The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-11-16


We publish elsewhere . card signed John Gun
niDehsm, in reference to the late fatal duel OF
Charleston, in which Mr.. Taber, the editor of the
Charleston Mercury, lost his life. Mr.. Cunning
ham was Tabers second; his card goes to show
that ne did not violate the rules of honor in ac-
Comparing Mr.. Taber to the field, and allowing
him to be shot at three times in fact, till he was
killed
We have no doubt but Mr. Cunningham's card
will be perfectly satisfactory at the South. The
arguments are consistent with the theory Of duel
ling az it existed in Europe last century, and a.
recent occurrences faver the belief that it now
exists at the South. But in the North, and if we
mistake not throughout the civilized and liberal
world The impression created win be very differ
ent Mr.. Cunningham and the present prOprie-
tors Of the Charleston Mercury, in whose columns
the card appeaFs-assnmes throughout the argu-
nent that an editor is not only responsible in the
field for structures published in his paper, but that
any person who deems himself injured thereby
may require the editor to stand to be shot at,
once, twice, thrice, in fact rs often az may be
ecessary 10 shoot lin down.
That il theory which il viii need some argn-
ment to thrust down the ihroats OF civilized go
cieiy ont OF sou,h Carolina. Here, the funda-
mental principle Of liberty OF the press is that
The edi'or snail not be personally respon-
shle for his language. otherwise than to
the laws which will interfere for his
protection If be he assailed just 81
readily as they will Tor his punishment if he
go wrong And the sonnducss of this principle
is obvious Ii any ruffan, whose crimes are
fitting theme Of indignant comment in the press,
can avspge himself by beating out the editors
brains, or by shooting at him till be kills him, as
seems to BE- the practice in South Caroline, it is
evident that none but those on the same level
with the ruifian will undertake an editorial post,
and the usefulness OF the press will be destroyed
We hold, here, that the law Of libel is ample pro-
lection for the public against editorial license:
and we further hold that even this law is too
stringent for the case OF editorial structures on
candidates for political Office. In their case, it
is the settled sentiment Of the North that it is
better to allow libel to go unpunished, than TO
run the risk OF eiectng candidate without the
most searching inquiry into bis character and an
tecedents.
That the reverse is the principle adopted in
South Carolina is evident from the tone Of Mr..
Cunningham's card 1t does not appear that Afr.
Taber overstepped the bounds OF legitimate criti-
cism in discussing Mr.. Magrath's candidature: he
certainly was far more moderate than tie press OF
his section was h discussing Col. Frcmmt's cha
racter during the Presidential contess-whence,
by the way, we derive the startling inference that
the Southern journals have availed themselves Of
Col FreInopt's absence and station to speak OF
him in tone they wou.d not have dared to use
had he been one Of themselves.
The fact is, the Southern press is in the same
position as and on par with the press OF Paris Ii
is subject 10 censorship not less searching and
severe than the Emperor's. A Southern editor
no more dare advocate Fremont's Presidency than
he editor OF the D,bats dare call for the restora-
ion OF the Bourbons. Editors. both at Charles
on and at Paris, are toEguetied: their mind does
not perform any healthy function, their lips never
nterpret the feelings OF their heart. Theyrepeat
what their masters tell them, and no more.
Hence az at Paris, the Southern press does not re-
ilect The Southern public. Southern gentlemen
lave nothing in common with their journals.
They do not believe in them-they DO not raad
them. They laugh at the North which takes
them seriously.