The American. [volume] (Washington [D.C.]) 1857-1857, 1857-08-26

the manned, the wounded-to be cared for as
chance should dictate, but without the superin-
tending care of your city fathers; they, il seems,
had quite another office to perforn--to come
back with their bloody instruments, and to assem-
BILE in some part Of this building to riot over the
deeds Of their bloody doing. / say, gentlemen,
the historian of this tragedy would record thai
fact. He would have, too, to record another and
a more startling one--that although the homicide
was committed Ia the blaze Of day, W to this
time there has been no judicial investigation into
it; none whatever, save, understand, In single
case Mr.. BRADLEY. Two.] of an inquest upon
two of the parties, the finding of which has been
dsregarded Is there another community, gen.
tlemen of the jury, to be found in the broad
expanse of this wide world--where civilization
prevails, where Christianity is taught, where law
abides--in which such things could be? The
meanest man whose body is found dead within
your jurisdiction, is entitled to an examination
into the facts which show how he came by his
death. The suicide is entitled to it; the druak-
ard, who falls a victim to his own excuses, the
passenger through your streets who is struck
down by sudden visitation, all are entitled, in
every Christian and civilized land where law is
known, to full, free, an impartial investigation
as to the cause of death. You have been told,
gentlemen of the jury, that the President Of the
United States is bound to see that the laws are
ing care might be productive of some good
where, at the least, it would remove, or tend to
remove, this burning shame upon the administra-
ton of justice in this city, and where it would
tend to bring out to the public knowledge the
facts which belong to this bloody occasion. You
have been told that the Mayor of this city bound
to see that the laws are executed. Here is case
which one would suppose falls within the scope of
his official duty. He cannot, as probably the
Drao;dapt NOW nIaad ;ppnranna in aytpnuotiOn Of
his neglect, for he was present, and beheld the
butchery. There are justices of the peace in this
| city, conservators OF the peace, whose duty
extends to apprehension and examination in GRIM
inal cases, but yet no enquiry has been made into
| the bloody deeds Of the first of June. No Exc
cutive, no peace officer, no judicial officer having
authority within the limits Of this city, has inter-
posed that authority to vindicate the outraged
law and wipe the stain from the administration Of
Justice.
Gentlemen, the faithful historian will note
another fact that in the face Of these things that
| I have narrated, we stand here in the month OIL
August, engaged protracted trial ofparties char
| ged with amisdemeanor! Menwere killed, butcher
esd aughtered, unofending, nofensive, guiltless
all charge, at public place, assembled on a law
| full occasion, under circumstances to make the re
sponsible authors of their death guilty of felony
and we stand here to-day to defend these client:
Attorney said that the Commissioners Of election
seemed more inclined to favor the "Plug Uglies'
than the Military authorities. / am sorry to see
that the prosecution stands here seemingly more
inclined to favor murderers than those guilty Of
petty misdemeanor. Was Allston lawfully killed:
Does the law excuse his homicide, or justify it
Standing upon his own door sill, breaking no law,
committing no riot, violating no peace, but stand
ing there in the peace of God and under the pro.
/ 20 ho lo, he Sc nc
homicide UNSUITABLE or excusable? Iprofess gen.
temen, to have some acquaintance with the Grim
inal law but have yet TO learn upon what prin
ciple of the criminal law upon what rule of right
or of justice an unofending, peaceable citizen car
be lawfully shot down. Upon what law is it that
the homicide is to be justified or excused.
i Well, gentlemen, no judicial investigation has
been prosecuted by the city authorities into the
circumstances attending this bloody tragedy, ne
military inquiry has been made into the conduc
| of the Marines who were the bloody actors, nc
military trial has been demanded by the officers
| in command, but one of those officers and some
the Marines have been called into this court and
put ON the witness stand on the trial of this case
and from their own lips, in the presence of this
| court, of this jury, the bar and the audience, we
have had testimony of that which makes them
Justly and legally the responsible authors of this
felonious homicide. / say, gentlemen, the histo.
L
June will be untrue to his Office if he fails to give
prominent place in that history to the events OF
this trial. The power of the United States the
power of your city government, with knowledge
of all the facts because none can plead ignorance
| of them, passes by the felon and the murderer,
and refusing enquiry into that crime, yet stand
here to-day prosecuting these defendants for a
misdemeanor! A misdemeanor! 1t has signi-
| fcance.
| And here l must make my Acknowledgements
| to the worthy gentleman who prosecutes for the
United States for caution which, in the outset OF
| his remarks, he was good enough to give to this
| jury Perhaps, gentlemen, it was not altogether
unnecessary. His caution was to guard you against
the liability of having your judgments warped by
party considerations. This prosecution has arisen
out ola contest between two political parties tina,
divide the people of this city, each contendng foI
control in the City Government, and no one think
who has brcathed this atmosphere through the two
weeks consumed by this trial, and observed il:
surroundings can be insensble to the danger thai
the spirit that melted to the conflict may steal upon
us here, and influence the verdict that must be
rendered in this case. Nothing gentlemen, accord
ing to my observation, controls so strongly the ac
ton of men as party feeling. 1t possesses every
class in life. No condition is exempt. In political
affairs il supplies all the senses through which we
take cognizance of both moral and physical objects.
We approve or condemn, notaccording to the die
tates of dispassionate judgment, but by the Pro-
crastean measure Of its memorable prescription
In no country to greater extent than in our own,
does party rage to such violent excess 1t seizes
upon the hastings, and every election, however
considerable or Insignificant It may be, whether
legislative, executive, judicial or even scientific
and literary, is governed by its energy. II invades
the halls of legislation and the very laws under
which we live spring from party combinations, and
are fashioned to advance the party interests of
those in the majority II cannot surprise us there
FORE that the executive departments should partake
of these vices. With enormous patronage to be-
stow, the meansare at hand to reward the services
of active leaders, the fidelity of the house
hold troops and to attract recruits from the oppo
sing ranks. Accordingly, we find that the only
access to posts of honor and profit, is through a
single path-that ofparty service. Nay, the hum.
blest artzan in the workshop, the poorest laborer
on your public works. proof of his fitness to per-
form the work required at his hands, is obliged to
repair on election day to the polls, and swell the
ranks of the voters in the interests of those from
Il