The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-08-06
from IN. Philadelphia sun. ]

IRON the Philadelphia SUM-
Presentment OF the Grand Jury on the Pitt
ladelphia Riots, Sc, OF tho Court or Quar-
ter Sessions, before Judges Jones, Camp
bell, and Parsons.
SATURDAY, August 3rd.
The Grand Jury upon their respective oaths and
affirmatlons having concluded their Session OF IN
curry for the city and county of philadelphia, state
the court that they have acted on all the bills OF IL.
dlciment lid before them by the Attorney General
for their action-that they have also diligent
examined into all the matters submitted TO them
by the Court, in the charges 10 the Grand Inquest,
and present the following as the result OF labori.
Gus and searching investigation under these
charges.
The cause of the late outbreaks in the District
Of Southwark may be- attributed TO an attack made
upon meeting of citizens in the District O! Ken
slngton in the early part OF he moRh o. May last
The feelings engendered IN the minds OF portion
of the people by the events OF that murderous out
rage upon the constitutional rights of ciiizeRs was
OF such character not 10 be soon forgotten, and
the FIRST plausible pretex was seized upon Tor the
preparation OF new OF violence and disorder
The armDg Of the church Of St Philip de Neri
presented that pre- text, and mob more tormlda-
BIZ and systematic III their movements than any
which occarred In this country, was not over
come and dispersed until they were fired upon by
the military ana several OF me number killed The
services Of the military TO sustain aud enforce the
laws only be justified when the civil power Is
found to be available for that purpose, and the
Grahu jury are satlsneu, from Inc evidence peloIc
them, that the services Of the military on the occa.
sion Of the late riots was absolutely required, as
the civil power had proved insufficient.
The au horty Of Ire Sheriff to fire upon a mob
be Riot Act passed by the Legislature, and the
time fixed when the order TO tire shall be given.
The law should fix the time and not the Sheriff.
When this shall be done, there will be an end to
mobs in Pennsylvania
From the examination Of mass of testimony
before the Grand Jury, It does not appear that
there is any evidence TO impcatc the Sheriff as
to the faithful efforts used by him in the discharge
establishes the fact Of his having summoned u
large number OF persons TO form civil posse du-
ring the kensngton Riots, not more than forty or
fifty .obeyed the summons, and that during the
Southwark Riots upwards OF six hundred men
were summoned, and less than one hundred men
responded to the call. So far, therefore, civil
posse was concerned, the Sheriff was entirely
powerless-not because he did not do his duty in
summonlng posse-bnt because the people would
not turn out in support Of the law.
The Grand inquest under instructions from the
Court regarding the arming Of churches aud Other
public buildings, have summoned evidence and ex
amined fully into the particulars from which II has
been shown that several churches have been armed
for defence, under what Was deemed by those IN
whose charge they were placed TO be gal autho-
rity-and that so soon az It was apparent that the
properly constituted authorities were prepared 10
protect them from threatened destruction, the arms
were Immediately given up or removed. The law
guarantees to every one the right to protect his DO
mlcil, and whatever difference OF opinion may ex
list, real supposed, among the administrators Of
Justice on this subject, the citizen at large have
firmly believed and have always acted on the be-
lief that self protection Is an absolute right which
belongs TO all men and that in extremity, or when
the process OF law is too tardy to afford an ade-
quate protection, then means for self defence may
Justly and properly be resorted 10. II is indeed la
mentabe to know that it was deemed necessary to
place arms inside Of church for its protection
hyrf hat wv rpc aVpuo baVp uIntn u
shown In the outbreaks IN Southwark. The Ma
gistrates were unable to allay the tumult or to
arrest The rioters. The peace should be pre-
served by Them without regard TO sectiona
feelings the laws guarantee 10 all liberty 10 wur
ship IN any creed and all should be alike respect
| ed and protected The Sheriff did all that coulG
be done after receiving notice OF the riots To the
the police and military, the citizens owe much fol
their fearless exerlions suppressng riot OF such
serious character in which they periled and lost life
IN the protection OF their property. We condolt
with the relatives Of the kill dive rejoice with tn,
peaceable portion OF fellow citizens, that we
are now safe from any further tumut since the
rioters know that the forfeit of life must b. the
| penalty of such offences in future. We are d
| opinion that the armng OF churches and engine
houses, will be hereafter wholly abandoned, ant
| that those persons or companies who have hereto
fore deemed this course necessary for their safety
| will now rely on the protection OF the properly con
stiuted authorities, seeing that tiends 10 engend
mstrust and riot, and Is fruitful source OF mis-
| rule and disorder.
| On an examination in relation to the fire com
panies, it has been fully shown that the Fair Moun
Fire Company (Engine,) and the Good Will Hoo,
| Company, both Of the District Of Spring Garden
have been heavily armed, and the peace OF tn
| neghborho0d disturbed by them and other fir
companies. The conduct Of the above companie
has been characterized by such lawess brutalii
| that citizens have been prevented for days from
attending to their business, the local police bein,
| inadequate TO The maintenance of order, or to ar
rest any Of the open violators of the law. FIR
arms have been used by both companies, inside
and out Of their houses and the lives Of vaiuabl,
citizens jeopardlzed thereby, who reside in tn,
| vicinity The Grand Inquest would further presen
the Weccacoe Engine Company, the Southwark
Engine Company and the Wrccacoe Hose Com
| pany, as creating a most dlsgraceiul riot in III,
| District OF Southwark, the Weccacoe Engin,
| Company having their house armed with mu, ke
and shot guns, which were fired from their hous,
and woundiDg Mr.. Lucas, a citizen Of the die
| trict The Sheriff Immediately dsarmed the hous,
on being called on. and had The arms Deposited II
the sherif's office. Such scenes are disgracefu
to the age we live III, and we are at loss fol
language to describe them. The Grand inqucs
would, therefore, present the above named com
panles and houses to the consideration Of IN,
| Court and the Attorney General as nuisance!
which require immediate abatement.
While rejecting on the disasters produced by III,
action Of the rioters, the attention of the Jury il
cal cause Of these outbreaks on w and order A
disposition to resist oppression, usurpaton, or VIC
! lence, is common to all men, and with the MAORI
| ~ il il regulated under the control Of moral &C
countabihiy; but in others il assumes the right ant
exers lis own power to redress aggression but
in these it would sleep harmless, If left undsturbet
by class, whose depravity seeks every opportunity
to violate the rights OF others. This latter Glars ar,
the pests Of society, dsturbers OF the peace, III,
cause Of riots, tumults, and murder. Belonging Il
| this class were they who assaed the citizens o
the Third Ward, Kensington, when they first as
! sembed peaceaby with the expectation OF being
protected In the enjoyment of their legal rights :
They may be considered the first cause Of all the
mschiefaud woe that marked the charact n Of tina
riot. II these first ASSISTANTS had been promptly
rested, he subsequent meeting would not I'VE beer
| disturbed, no riots would have occurred, aud cii
zens would not have bee brought In array agains
| each Other before the lannon's mouth To che OK
violence and tumult, and preserve the peace, the
Grand Jury lay before the Court the following plar
| for the formation OF what they think would be
| sufficient police establishment.