The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1881-05-27

Ths Argument Before she Csumissisner ON
the Quessisn or sendfns Mr.. Carmichael ON
for Indictment.
fwashineson Post, 2eih.l


fwashineson Post, 28ih.l
The witnesses for the prosecution having
been examined, and defence declining to In.
troduce any, United States District Attor.
ney Lewis maintained that it was The duty
or the Commissioner to hold the prisoner
for trial. As to his guilt, let jury decide.
This postal.card Is contraband literature,
and the offence was complete when Car
michael deposited the postaicard IN tue
post-oflice.
The card addressed to Senator Vance
reads as follows:
Please send me yr speech on that Damn dog MA
''"'' JOHN CARMICHAEL.
Niddt burg, Loudoun Co.. virginia.
Mach 31st, 1851.
Major Scott pronounced the case. despite
its amusing features, very serious one.
A citizen OF Virginia has been dragged
from bis home TO answer criminal charge.
The only witness for the prosecution is, on
his own confession, violator OF the law,
for be was forbidden by the law to read
that or any other postalcard. A commit
ting mag istrate has no right to place any
reliance on his statements. Where Is the
ofiencef There is no attempt to be lewd
or ascivious or indecent-simply 10 place
a conspicuous man where be rightly to-day
stands. Wby,a gentleman on the floor OF
the Senate used just as strong words
against Malone. [Senator Morgan !:
Eyes, much stronger words; he called
him a scoundrel."l Why, In the Wash
ington Republican 1 have read cpl
thets OIL the Chief Magistrate OF the nation
far more indecent than the words on this
posta-card. Moreover, Malone Is sena-
tor OF Virginia, and this private citizen had
q right TO cliticise his course. We are not
living under despotism with special agents
of the POST Office Department prying into
our private business. The words, ii is true,
are scurrilous, but that is not an offence
under the amended statutes. This postal
card has been Illegally taken from Senator
Vance and made the base Of criminal charge
against free Virginian. The card is Zebu-
lon VaLce's property as much as his coat, ana
the postal officials might as well have pur-
TONED the one as the other. The words
"damm dog" are not obscene-merely In
tended to convey the honest opinion Of a
true Nifginian on a recieat senator. lie
thought Malone was "damm dog" and
he had a right to say so, especially TO a
friend. The man who wrote this postal
card will live to see the Senator retired 10
his original obscUrity. Why does this sem
ator aim to make the law subterfuge Tor
what he says is an insult instead OF honor
ably and manfully coming to the front
The prosecution should be dismissed, and
dismissed with vim.
Senator Morgan appeared for his old
friend, the prisoner. This prosecution, he
said, was remarkable and dangerous
one, aud should be promptly suppressed.
He was sorry for the poor devil OF clerk
who had filed the information. The life OF
the average Government clerk was hard
one; after afew years service it was difficult
10 regain manhood or wOmanhood. The IN
formation says Carmichael has committed
an offence against senator-not against
private citizen. This has bad smell. III
smells OF the old actions for ISLANDERS OF
great men; OF the alien and seditiOn laws,
for the protection OF men in authority, that
in the twilight OF our republic were
strangIed to death by an indignant peo-
pie. II Senator Malone Is insulted he
has remedy 10 tue State courts in an ac-
ton for damages for SANDER. This postal.
card does not offend the moral sense or de-
cency OF man or woman, and is not actlODa-
BILE. III Carmichael has Slandered Malone,
let him appeal to the State courts. The
Post Office Department has a right, and
good one, 10 suppress the transmission
through the mails of depraved literature,
moral poison, but this postal-card contains
nothing calculated TO vitiate the public.
Should a morally emascuated official be
permitted 10 make the law a subterfuge to
defend himself from Opprobrious words :!
This man Carmichael has committed no
more offence than any one OF the great pa
pers OF the country. Why, il the Post
Office Department is in earnest, do they not
indct the publishers OF these papersI Each
one has republished the statement that Ma.
hone is a " damn dog."i
General Hunton made noble plea in be-
half of his client. He pronounced Mr. Car
michael as upright, peaceabe, honorable a
man as there was in the country. The trou-
BILE Is he is bouest, and will call spade a
spade. This must not be, as the 4nlorma-
ton would show, prosecution i'll favor oil
Senator Malone. II ii is, let the informa-
ton be amended 80 as TO read that Carmi-
chael committed an offence in violation OF
the rights of Senator MahOne, and against
his dignity" This pOstal.card does not
faint the public morals. 1t does hurt Ma
hone; but he has, il he sees tit, personal sat
isiaction, or a recourse 10 the state courts.
Criminal laws are made to protect
the public-not 10 ayenge the assaults
on individual character II the Post-Othce
Department aims to put 4 stop to the trans
mission OF offensive matter through the
mails, why does it not stop certain papers,
the New York Herald for example, daily
filled with vile abuse of the President ten
times more "indecent" than the words OF
this postal. Again, the word "damm ="
is not irreyercnlial, especially if applied to
Malone. The dog is certainly not entitled
TO reverence. AS TO MahOne's claim for
reverence, YOU can come TO any conclusion
you please. This prosecution was started
In wrong, aud it ought to be Squelchcd. AS
to calling Malone damn dog that Is
matter Of taste; but it is no violation OF the
law.
Dstrcl-Attorney Lewis concluded the
argument. He said that he had no desire to
viudicate Senator Malone from the epithets
of bastard" "trator," or damn dog"
The defendant had 4 right to say what he
pleased OF Malone, but he had no right to
send an indecent expression on a postal.card
through the mails. He had violated the
statute, and should be held for trial.
United States Commissioners Fowler de-
cided that the words "damm dog" were
offensive to the ine delicacy OF the public,
and he, therefore, held Mr.. Carmichael TO
appear, under 800 bonds, before the United
States Circuit Court, to convene in AIexan-
dria on the 5th OF July. The bond was
promptly filled.