Wyoming democrat. [volume] (Tunkhannock, Wyoming Co., Pa.) 1867-1940, 1868-04-29
The McArdle Case.

oughly understand all the points ID the hc'
Ardle case. 1t is of especial Importance
to publishers Of newspapers, as the case Is
founded on an article published in jour
nal edited by McArde, aud the decision
will, in part, involve the rights of the press,
what these rights are, and to what extent
our free institutions are TO be preserved.
From the National Intelligencer We gath
er the following summary of Judge Blacks
argument:
Mr.. Black, in the commencement Of his
argument, briefly and pointedly stated the
facts of the case.
The petitioner, McArdle, was the editor
of paper in Vicksburg, Miss. As such
he published an article IN which, according
to Mr.. Black. he denounced certain public
men and measures in terms somewhat
coarse, but not worse than those In which
the political writers OF the country are IN
the habit of indulging, for which +" General
Ord caused him, without any warrant, to
be imprisoned, and, after having kept him
for some time in custody, sent him before
board of officers, selected by himself
from among his subordinates."
Mr.. Black considers then, the several
forms in which the military specifications
treat the case:
l. 1t is charged to be a libel. But a
| libel, Mr.. Black. shows, is all ofense against
the laws of Miss. alone, and there is no
pretence that Gen. Ord, or his military
court, were in Mississippi or any pretence
of executing the laws of Mississippi. On
the contrary, they denied the very exis-
tence of the State government and the va
lidity of the State laws. Mr.. Black calls
attention to the fact that a libel is no Of
fense against the laws of the United States
since the secession act was repealed in 81.
2. The publication is charged as a
breach of the peace. Mr.. Black disposes
of this charge with a few contemptuous
words. The only breach Of the peace was
committed, he says, by General Ord, when
he broke into the house of the reator and
dragged him to prison.
8. 1t is charged as an intimidation to
voters. To this Mr.. Black most felicitous-
ly replies, that an election is going on, and
the army drives one set of people to the
polls, and drives another set away, but the
petitioner, for exerting only the moral pow
er which he wields by his newspaper,
the moment be speaks above the bonds
mems key, is dragged to prison. Mr..
Black most pertinently asks then, which
| &c mt
4. 1t is charged as hindering recon
struction. To this Mr.. Black says Con-
gress processes to leave the political action
of this State to the people. Yet, not ex-
ercising this privilege, the petitioner for
expressing bis views, is considered guilty
of crime.
Mr.. Black shows that military men are
not proper materials out of which to con-
stitute courts. Their education is to wor-
ship force. Military tribunals, he says
quoting Mr.. Webster, are 'organiztd to
convict"
Mr.. Black. with great force, states the
enormity of the action of Congress in its
legislation under which McArdle was ar
rested, when he contrasts it with the con-
dition North. He says:
"In the Northern States the meanest
man in the country cannot be made to sut-
fer the mildest punishment for the most
trifing offence unless he has first had g
fair, open trial, according to the mode Of
the common law down therein all that
country from the Potomac to the Gulf
the best man or purest woman in it may
be fined imprisoned or hung without judge
or jury. Our system is the American sys
tenn, with all the modern improvements .
theirs is the old Asiatic system, without
one article of improvement from the days
of Nlmrod."
Mr.. Black then refers to the decision o
the Supreme Court of the United State:
in the celebrated case of Millgan, in which
the entire Court held that military Court!
could not try civilians in time of peace or
as the Chief Justice said, Sin time ofpeact
the laws of peace must prevail"