Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1854-06-10
The civil amid 1he MiIi,nrr poMer.

,,,onJs aud +ho Cb;of 81 pol;oo ,,,or. olo+l "a
800 '.0'NsN
Win iull discretionary powers TO sustain the
laws OF the land. The article is from the pen
of Hon. Peleg W. Chandler, one of the ablest
Nybi, Ia ,,vers of Rostop for so,,o ,,oars C;+,,
g
0onci'ot' anu oie"rly SHOWS 'nat INC conuuc'
OF the Mayor was in violation OF all law and
all precedent. After citing the law and
showing what tho oplv ,,ro,,o. aud ,oo,l oo,,rso
II. ~, - 80
Vi "ie mayor was unoer ZIG circumstances
Mr.. Chandler goes on to saw
oSuch. then is the law Now what orders
were given to the troops on Fr;davs They
have not been published and the exact terms
Of them are not known TO me But in the
nroclamation of the Mayor. at the head of the
article he saws. that. TO secnre order through
ont tbe citv This dav. Major General Fdnai,ds
aud +be chief of nolice will make such dis
nosition of the respectiye forces under their
commands. ms will best promote tbe inportant
object. AND THEY ARE CLOTHED WITH FULL
p1scRET1oSARY POWERS TO SUSTAIN THE LAWS
If there be any law upon which such orders
are based, am not able to find ii. As to the
chief of police, he is an official character not
known to the law at all He is a city officer,
appointed for certain duties, by virtue Of a
city ordinance, and so far as he is concerned,
the order NAV be correct enough; but do
not conceive that coupling him with Major
General gives to the latter anv more power
by Lam. then he would have financed separately.
The proclamation is peculiar. It is not to
disperse any riotous assembly in any particu-
lar place. But these persons are ,eiothed NTH
fuU d5scyet,onary p1lcer. to secure order
throuahout the city.
The orders referred to in this nroclamation
are not onlv not sanctioned nv law hnt tbav
are totally opposed TO the law Not to men,
t;on the familiar pripcinles that when op,,
statute noints ont snecific course Of act;o,;
II exclndes the conclusion that am, other nno,,
he taken If is clear. that tbe whole 1,mrnosa
and suir,t of the laws are that the IniIifory
shall he throughout subordinate IN tbc civil
mower. They are to he called unon "a orn,ad
citizens rather than as soldiers. The law nov
or intended that anv mere riotous assembly
shonld subject the whole commnnit, 70 nil,
tarv SWAY Besides. tbe law eynrossly, 70
ouires certain measures to he TAX on befora a.,
armed force is ordered 70 act aItbongb Il MOI,
he caled o,t and fins he readv 70 ect Laforya
these nreliminarv measures are taL So IN md
then il is called nnon NOT a. an ;ndo0aada,,t
mower bnt .to aid the civil outbor;tS, ~ en-,
pressing sucb violence and snn,,o,.t;n,r tbo
Iaws' Now were anv of tho proI;ra?;,,ar,
Ineasnres no;nted ont in tho s+otrtes -,
tbis c.tv a., Friday lasta MA tho,NTa-.o. -
each If tbe Aldermen 90 aYoo,o, H. ,,ool ~.
sembled or as near them as ,n;l,bt III ,,;+l,
co coty ana in tho If he
command all tbe nersons so asson,hIod ~,
medically and neaceahlv r. d;so,,so ma
thew command the assistance Of ali nersons
tbere nresent in seizin,y a,rast,,,, an sao,,,.
inc in custody. the nersons 50 ,,Tlawfn1I, as-
senbledY Were thew mindful If tbo faot
that if any Mayor. Alderman. So ,bav;nn
notice of any such riotous or tumultnons and
unlawful assembly, sin the civ or town i,
which he lives shall NEGLECT or rernse ;,nr,e-
diately to proceed to such assembly. OF as near
thereto as he can with safety. or shall omit or
neglect to exercise the authority. with which
he is invested. &C.. he shall he nnnisbed hy a
fine not exceeding three hundred dollars :,
And finally sany two or three m or
off eers re1llire tbead ola ir;ent :, ,,n,,o,, IF
persons. in arms or otherwise. and tbensn q God
Ia such manner as IN their iudyment shall be
expedient forthwith to disperse and snnrress
the rlotous assembly, If these gentlemen or
any Of them were on trial for a M, sdemeanor.
in not conforming to the law. would ii ibe a
sufficient defence for them to saw. I'VE did
none of these things, but then. one of us
gave to the Major General COMMANDING and
to the Chief of Police. full discretionary now.
ers to sustain the laws of the land ,
But. it NAV be said. there mas no riot-there
were no spersons unlawfully. riotonslv. or
unanimously assembled Indeed Then
the city was put in the keeping of trooDs il,
apprehension of riot, and as a measure of
precaution And this. suppose. is the whole
case. Now, am not questioning the rigbt
OF the Mavor to call out the troops whe1 a
riot is merely threatened. But thew cannot
act until there is some overt act on the other
side. They must be held in reserve until the
| emergency contemplated by law actually oe-
| ours. Some men deem it the most coliyen-
| lent and expeditions way of nreyentinp r. offs.
| to Mace the civ. or Darts Of II nnder rho
| troops. l beg to saw that it is not the le5al
way, and, until the law is changed. If is NOT
| the proper way. This is the manner Of doino
| things in Europe. There the armed hattalio3
! rides down the defenceless multitude. hut onr
laws sanction no such conrse. until the mn1-
titude show by their conduct that the civil arm
| is too weak for them.
While am pennino these. sentences T M.
| tice the account of a speech bv the Mayor at
| the anniversary of the Ancient and Honora.
| Bile Artillery Companv. in which be is renort-
| ed to have said. that of a TRYING crisis be
! found himself in an anomalons nos;ton . ha
| had stood on the quarter dack of tbe citv shin
a,,d osl, 81 b;n,sajf Sill 80 Up
and trust mvself r. tho ,nor.I oba,antas ~
| sharks or shall he mostor of NV 49, sI;,s
| He determined 10 keen tie beln, '.,d thfn
| the haven was reached tho Ioys avocntad
and the neoce of The cit, ,yas rosorvaJ $500
Now + Is nrec;saI, baoansoi +bo Monor IA
mt keen tbe helm ! # l. beca,,se bo IA NY
stand ON the onarter-decL hnt 1ravo ~, +ho