The American. [volume] (Washington [D.C.]) 1857-1857, 1857-09-05

shah nnd from the evidence that they were
seyerally implicated in the one or the other OF
tnese otencesy How is it to be accounted for
that under this special indictment, governed by
the best settled rules Of law, your patience has
been 80 trcspassed upon, the time Of this court
so occupied, in Investigations that do not pertain
70 the case submitted to you? Gentlemen, this
hist uay OF June must ever remain memorable
era in the history Of this city; and he who would
write Its history would fall very far short Of per-
forming the task Of faithful historian if he were
TO omit to record the events of this trial. On
That day the blood OF your fellow citizens was
shed on the public streets. Men admitted to be,
unconnected with these disturbances, to have had
no participation whatever in these alleged riots,
assembled at public place for public purpose,
ana lawful purpose, inoffensive, unoifendng,
aye, one, at least, standing in his own doorway,
were shot down and butchered in the presence of
the civil authorities; and being thus butchered,
they were left to welter in their blood uncared
for by these authorities, themselves as I have
said, spectators Of the deed, and, as will prove
before close this address, the responsible authors
OF the murder. Left, say, to welter in your
streets in their own blood--the dead, the dying
the manned, the wounded-to be cared for as
chance should dictate, but without the superin-
tending care Of your city fathers; they, it seems
had quite another Office to perform-to come
back with their bloody Instruments and to assem-.
pie IN some part Of this building to riot over the
deeds OF their bloody doing. say, gentlemen.
the historian of this tragedy would record tha,
fact. He would have, too, to record another and
more startling one-that although the homicide
was committed in the blaze of day, 40 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
disregarded. 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
abdes-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 drunk-
ard, who falls victim to his own excesscs, 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
executed. Here is case where his superntend-
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 is bound
TO see that the laws arc executed. Here is case
which one would suppose falls within the scope of
bis official duty. He cannot as probably the
President may, plead ignorance in extenuaiion of
his neglect, TOR he was present, and beheld the
butcbery. 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
/ have narrated, we stand here in the month OF
August, engaged inaprotractedtr ofpartes char
ged with amisdemeanor! Menwere killed, butcher
cd, slaughtered unolendng inoensive, ,guiltless of
all charge, at public place, assembled on a law
ful occasion, under circumstances to make the re-
sponsible authors Of their death guilty Of felony,
and we stand here to-day to defend these clients
on prosecution for misdemeanor! The District
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 IL ?
Standing upon his own door sill, breaking no law,
committing no riot, violating no peace, but stand
ing therein the peace of God and under the pro-
lection of the law--he is slaughtered Was his
homicide justfable or excusable? profess gem
tlemen, to have some acquaintance with the Grim.
inal law, but have yet TO learn upon what prn-
ciple OF the criminal law, upon what rule of right
or Of justice unoffending, peaceable citizen can
be lawfully shot down. Upon what law is it that
the homicide is to be justified or excused.
Well, gentlemen, no judicial investigation has
been prosecuted by the city authorities into the
circumstances attending this bloody tragedy, no
military inquiry has been made into the conduct
of the Marines who were the bloody actors, no
military trial has been demanded nv the officers
in command, but one Of those officers and some of
the Marines have been called into this court and
put on the witness stand 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-
rian who recounts the occurrences of the first Of
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 plead ignorance
of them, passes by the feon and the murderer,
and refusing an enquiry into that crime, yet stand
here to day prosecuting these defendants for a
misdemeanor! msdemeanor II has sgni-
ficance.
And here. | 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
divide the people Of this city, each contending for
control inthe City Government, and no one think
who has breathed this atmosphere through the two
weeks consumed by this trial, and observed its
i surroundings can be insensible to the danger that
the spirit that melted to the conflict may steal upon