The Placer herald., 1867-05-04
The Mccall Decision.

G.neral Mcdowell has not proved himself
suy better as a jurist than a General. In
the case of "San Salvador pirates" so'ca!'eo'
Va coucede that he had prudence enough 10
cav. himself from the perpetrators OF mur'
d.r. by committing the illegal finding OF
Military Court from hanging, to the ota'e
Prison for life. The Supreme Court 10 'ne
M;lliphan case, pronounced such proceea'ngS
v;olslive Of the Constitution, and so McDo"'
ell's vic,ims we're released by order OF 'he
President. Since then another of bis illegal
and unconstitutional acts has had ventilation:
We all remember the repeated tyrann'cal
arrests made by bis order, towards the close
OF the war; and even after the war closed,
for the absurd and preposterous crime OF al
legged tisloyal words spoken. One OF the
victims Of this petty tyranny, John McCa'l'
OF ofMendociuo county, sued this Military Sa-
trap for false imprisonment. The suit was
originally brought in the State Court, out
was transferred, on certiorari to the United
State. Circuit Court. Yesterday Judge
Deadly, Of Oregon, holding Court for Judge
Field. rendered decision for the plaintiff,
giving him compensatory damages in the
sum Of $685. and costs-the Judge deeming
it case for exemplary findings.
This decision although, in view of the
dastardly and oppressive manner in which
the plaintiff was treated by the subordnates
Of Mcdowell, the damages ought to have
been heavy-is nevertheless subject of con.
graduation to every friend of law and order
A grosser outrage upon free government or
the liberty Of the citizen, has been seldom
perpetra,ed than this arrest and imprison-
ment Of Mccall There was not the slightest
justification for it. The peace and quiet Of
tbe country was not imperilled. The Ian
eusge complained of was not used to create
disturbance. There was no plea of public
necessity to pallate it. 1t was an act Of
partizan spIeen-a pandering to the passions
Of the mob. Had it gone unrebuked we
might as wall abolish all law and establish
the doctrine that might makes right. 1t
was upon this principle that Mcdowell acted,
for he has too much sense to believe that
be had legal sanction for this act. 1t is
sincerely 10 be hoped that all these usurpa
tions Of power and deeds Of tyranny, perpe
trated by the officers Of the government,
during the war, 10 States where the civil
courts were in full and unobstructed opera
tion, will find judicial condemnation. We
wish never to see the country disgraced by
the same catalogue of outrages and crimes
against the freedom Of speech and the liberty
OF the citizen, as damn to everlasting fame
the conductors of the late war.
General Mcdowell should congratulate
himself that he has escaped thus easily. He
has been guilty not only of great wrongs, in
diguilies and injuries to American citizens.
10 worth and respectability his equals, but
has rendered himself criminally responsible
for conspiracy to deprive them of life and
liberty. We hope be will repent in sack.
cloth and aches over bis past offenses, be-
take himself to the study Of the Constitution,
and before be undertakes again to vindcate
the laws. be will show that he understands
bow to obey them. The victims Of bis
!yranny stand vindicated before the world,
Nhsn be goes forth branded BY the United
States Court, as violator Of the law.-E1
a"s'ser, april 25h.