The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1867-12-18

The Late Opinion Of Judge Hill

Editor Clarion-In second reading OF
the decision of that erudiue and accom-
plished jurist, the Hon. Robert A. Hill, Of
the United States Court, in the recent
case Of Brevet Major General Ord, ue,'sus
myself, find the following erroneous state
ment. The learned and Honorable Judge
says:
It's insisted that the arrest was in vio-
lation Of that provision of the constitu-
tion,' which guarantees the freedom of
speech and the press. have no hesitancy
in stating that the freedom Of both are as
fully guaranteed to the citizens Of this as
of any other State in the Union, to discuss
and criticise any public measure and the
official acts of those intrusted with either
the making or execution Of the laws but
.his does not sanction any abuse made OF
either, and leaves the speaker or publisher
liable to any penalty prescribed by law, for
such abuse. 1t is admitted that the publ.
cations are libelous, and that under the
laws of the State would subject the peti.
TONER to Indictment, and if found guilty, to
punishment by fine and Imprisonment
but it is insisted that this conviction can
ouly be had by jury, and the judgment
pronounced by proper Judge under the
Constitution and laws of the State, but We
have seen that none such exists, except
those equally subject to the control Of the
Commander of the District, and under the
act it is left with him to choose the tri
bunal.
regret exceedingly, to be compelled t.
call in question the truth of any statemen
uttered from the Bench of the Unitee
States Court, but due regard for truth
and desire to vindicate the truth 0
history" impels me to utter a prompt ant
early disclaimer Of the gratuitous assump
tions of His Honor, Judge Hill. My coun
sell the Hon. Walker Brooke, the Hon
Thomas A. Marshall, and the Hon. Viii
liam L. Sharkey, q mention them in tn
order in which they addressed the Court,
made no such admission! Neither OF M
counsel admitted that any language ofmin
was libelous. They denied it and one 9
them declared that no language was too Sc
we're, or denunciatory, to be applied to tn
acts oftyranny and despotism which hay
SO freely denounced! :.
i The only admission made by the gentle
men engaged in my defence, was that :" i
bel" under our laws, is an indictable o
Tense, and that it is punishable with fin
and Imprisonment, They also stated wha
, every body knows, that the party indicte
can Justify, by pleading and establishln
| the truth of what he has asserted and thu
escape punishment, by proving that he ha
committed no offence.
1t is unpleasant to me to be call ed upo
to criticise the utterances OF a high judlcl'
functionary, but respect for my distil
; guished counsel, respect for myself, forbie
me to remain silent. The able and distil
guished gentlemen who represented me b
fore Judge Hill, understand too well the
duties TO their client to make any sue
. weak and fatal admission, and / have to
: much sense and self-respect to employ
lawyer silly enough to acknowledge that
had committed crime, when every decel
, and intelligent man and woman in Il
/, country knows that I had not committt
4 crime, and that the charge Of "libel " wi
itself, false, libelous, seandalous and calur
= NOUS.
s / am, Sir, Respectfully, your friend,
. w. 81. McCARDLE.
Q Jackson. Miss, Nov. %, 1867.