The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1855-07-27

was complying with hls contract with the
city, to afford them an armed police when
called for.
Capt. Green took Q different view Of It
and although he had similar contract with
the city, as the other company, he says,
considered that was ordered out as o mill
tary company, under the laws Of the State
However no might have considered tho
authority Of tho order, tho city authorities
called the companies out under that contract
as was stated in tho first communication
made to them.
In fact, tho Mayor had no military power;
his order, II viewed in that light, had nc
authority whatever, and the companies were
not bound to obey II 1t was simply nuga.
tory. But thoy did como out ct the request
OF the Mayor, who, with any ono Of the
Aldermen, had q right by law, to "rcquire
the aid oil q sufficient number Of persons in
arms or otherwise" and when they appear
in pursuance Of such requirement, they are
authorised, by express statute, which Is 10
affrmance Of tho common law, to proceed
in such manner rs they may judge eIpedi.
ent to suppress such riotous or tumultuous
assembly, and teSrrest and secure the per-
sons composing the same"
These companies were present; by their
contract they were bound to DO present; the
very emergency contemplated by their con-
tract had ariseE and being there, they
wero bound by law rs we'll rs their contract
to obey the city authority, for the suppress
ion Of the riot. 1t is not only the right Of
two of the magistrates Of the city to judge
of the emergency, but II is their imperative
duty, as high public officers, as conservators
Of the peace Of the city, and the welfare OF
its people, to use every resource OF their
command to preserve the peace by dispers-
ing tumultuous assemblies, peacably II they
can iorcibly II they mnst. II such assem-
blies neglect or refuse quietly to disperse,
on lawful requisition by the peace officers,
and proceed to acts Of violence and breach
of tho peace it then becomes their high
duty, as guardians of tho public safety to
quell the disturbance md subduo the riot
ers, by an armed force, even OF tho expense
Of life.
The statute Of Maine provides. that Z" II
any such magistrate or other officer, having
notice Of any such unlawful or tumultuous
assembly in the city or town where he
dwells, shall refuse or neglect Immediately
to execute his duty, in relation thereto as
provided in the fifth section Of this chapter,
he shall DO punished by Emo not exceed
ing $780," And II such rioters, "or any
person present as spectators or otherwise,
shall be killed or wounded, tho said mngis-
trates and officers and persons acting with
them, &C., shall be held guiltlcss and justi-
fed in law"
Can any ono doubt that hero was riot.
Gus assembly, Can or does any one doubt,
that If tho rioters had not been resisted,
even unto death, the public property would
have been sacrificed, public law and private
rights trampled under foot, and not improb-
ably, many lives taken, and private sanctu-
aries violated, the usual results Of the un-
restrained license Of cxaspcra,ed mobs -
Here was question, not merely whether q
quantity Of liquor should be destroyed; for
that would DO Of comparatively small i'm
portanco: but whether law should DO vim.
Dictated and triumphant, and the peace and
the property Of the city DO preserved or
whether mob violence should rule the hour,
tramplo upon law and order, and break
down tho sacred barrier, which protects the
life, the property and tho happiness Of our
people.
That this riot could not have been disper.
sed or quelled, and the public property pro.
tected, without resort to an armed force, in
addition to that Of the police, the testimony
considered by the committee, has proved to
their satisfaction. The peace officers had in
vain made proclamation, and issued their
orders to the crowd to dispense the Mayor
and Sheriff and the Police officers were re-
peatedly and publicly insulted, and their
authority repudiated; and renewed violence
and ferocity followed every peaceful effort,
to dispense the assemblago and quell tho tn.
mutt.
That tho Mayor did not call upon an arm-
ed force, too large, or too soon, Is apparent
from tho testimony. This additional force
was not applied until the regular police were
nearly overpowcred, and an Alderman fresh
from the scene of action, had intrcatcd the
Mayor to proceed without further delay.
with the auxiliary force 70 preserve the prop
erly and rescue tho police from imminent
peril.
There is no evidence Of undue precipi.
fancy on tho par, Of the Mayor; any more
than there is, Of timidity and shrinking from
duty. And while the committee deplore
the loss OF lifo they would, with oil good
citizens have deplored much moro, the pros.
tration OF oil law and order, before tho vim :
dictivc fury Of licentious and lawless mob.
Tho city authorities had high, arduous and
responsible duty to perform; they had TO
act promptly, and on a sudden emergency;
the welfare ola great and wealthy commun.
ity,-thc lives OF women and children. rs
we'll as Of unoGending mcn,-werc in their
hands. Wero there great interest to be
sacrificed to tho reckless passion and ven.
geance Of lawless men, or were they to DO
protected ct any cost even to the taking Of
life.
What kind Of q government would that
be and what security would that people en-.
10y, If mobs were permitted to break down
laws solemnly enacted by legislature cho-
sen by the people Of whom they arc part !
That revolution in our system government
only is to DO tolerated which the constitu.
ton provides peaceful repeal Of any and
all laws which are injurious to the commun.
iiy or are found unwise or incIpedient.
Tho committee, on careful and labor
ious investigation Of the whole case, are
satisfied that the Mayor and other executive
officers of the city, did no more in tho en-
Urgency, than their duty or the public ser
vice required and that they would have
proved unlaithful to their trust, had they
done less.
VIM. WILLIS, Chairman.
W. I. DwIoHr, ]. @. CHURCHILL,
JOSHUA B. OsGooD, SAMUEL CHASE,
NArn'L F. DrERINo, w. +. HARRINGTON,
BYRON GREEsouGu, SAMUEL r. LEAvIrr,
WV. WOODBURY., THOMAS CHADWICK,
DANIEL Hoop, WV. GooDESow,
ii. G. BARB, LENuEL Conn,
Henry b. HART, WV. KMBALL.
Portland, July 10, 1855.
70 Vegetation Is exceedingly rich in
ia growth this year. The warm weather. nc.