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

that belongs to the law, and don't come here with
scattering fire that d apt 70 kill at point that
the marksman has not In view.
But there was riot about the cannon How
was the cannon brought there, and by whomY
II is conceded that it was done by q parcel of
boys, six, seven, eight, or ten, in number, at the
outside do not believe anybody puts the num-
Der higher of those boys who were in charge of
this swivel, which, In all probability, was spiked,
so that it could not be fired, especially as il was
surrounded by crowd Of citizens who were at
tempting to arrest them, with the muzzle at one
time down the pavement, at another time turned
off from the street toward the market house away
from the polls. and away from the Marines We
had in the crowd around it, Mr.. Richard Wallach,
Mr.. Carlisle, and gallant old general, who to the
misfortune of this community, had not charge of
that force that day. We know that that gallant
old man pressed his knee upon the muzzle, and
kept it there until the Marines got into position to
charge upon it.
The parties around this gun said they came
there for no purposes of offence, "we come here
to attack no one J" but then 1t was also said we
have brought it here to defend ourselves if we are
assaulted, or to defend our friends when they are
assaulted. t
think that was lawful and excusable purpose,
If such were the real purpose; but it was in con-
dtion in which they could not fire the gun, with
cloth spread over it to protect it from the rain.
Now am not going to stop to enquire into the ex-
act position OF the gun, whether as Hallack said,
they attempted to touch 1t off or not These discre
pancies are inseparable from the CASE and are
proof Of the integrity Of the witnesses rather than
ground for questioning their truth. No two
men could come into court and give the same ac-
count of that affair. But taking general view of
the testimony, fairly and mpartially drawing con-
cusion from the whole, you obliged to say that
up to considerable time, at least, such was the
crowd around that swivel, such its direction, and
such its condition, that it was impossible to have
used it in hostile manner against the Marines
Mr. Merrill and Mr.. Wallach tell us that with their
own hands, while the Marines were drawn up be-
fore the polls, they turned its muzzle towards the
market-house. There can be no doubt about that
apprehend that while some of the most violent
were in charge Of it, they turned around the gum
and second and third time turned it off. Gen
eral Henderson said that he stood with his knee
against the muzzle, his purpose being to arrest
the firing of the piece. He did this at the hazard
of his own person, both account of the parties
concerned with the gun, and on account of the
Marines whom he regarded in some respects as
children of his household; and he stood there un-
til the Marines got into position from which they
| could charge and take it. Major Tyler supposed
that, from the time he first came in sight of this
piece, it was turned upon him, and that, as he
changed his position, the position of the piece was
u. so
account Of the condition Of the gun does not tally
with the account given by the other witnesses.
l do not impute intentional error to that gentle
man--no one would be found casting such an i'm
putation upon him but we all know how liable
men are to misconceve facts under circumstances
of excitement. Now that, at some period of the
transaction, Major Tyler saw that gun turned upon
him, have no doubt, but that it kept turning
| upon him all the time, and following him up, is
l,o.t kara xxb<> oxustt
| the gun, who turned its muzzle in another direc-
ton, who stood around it, and who shows that for
| great part of that time, it was impossible for
| that party to use it, if they desired to do SO.
Well, gentlemen, to return to the Marines.
| left them, gentlemen, in my argument, standing
down at the corner of I street, where they were
left by the Mayor. We presently find them moved
| to position in Seventh street, opposite to the
polls, without any order from the Mayor My
worthy friend, the Captain, was then acting, ac-
cording to his own words, ON his town hook" He
thought street was the precinct and finding his
mistake, he moved his military band and stationed
| them in front of the polls, and then proclaimed
| that the polls were clear. We'next find them ad-
vancng still higher up Seventh street, brought TO
| the right about and marched to the face of the
market-house. Now, it was just about the centre Of
the market-house that these Navy.yard boys stood
with the swivel numbering in all some six, eight,
or ten.
Well now, gentlemen, contemplate the opposing
parties. Some half dozen halfgrown boys or hob.
ble-de-hoys in possession of an old swivel upon
broken wagon, according TO every fair probability
spiked 30 that 1t could not he fred in hostile ar
| ray upon the one side; some of them, perhaps,
with pistols in their pockets. do not know
whether they had or not, but possibly some Of
them had, and give them all the advantage of
| the admission. The array on the one side, then,
was this half dozen boys with this old swivel and
their pocket pistols upon the other side, not as
my friend said, with banners flying, flies blow
| ing, and drums beating, but without sound OF
| trumpet or drum, without the futter of flag in
| the breeze, with deadly muskets in their hands
/ viii excuse the officers of the Marine corps /; 1t
was by order Of their superiors-with ball car
tridgcs, containing bullet and three buck-shot
/ each, hundred and fourteen men in military ar
| ray--I do not think the exact number was proved
on the trial, but the wounded Marine told me that
/ that was the number-with a complement of Off
GERS, each with musket and cartrdge.box. do
not know how many cartridges were served out I;
| ten at one time and ten at another. The boys
with their pistols and their swivel the Captain Of
the Marines, with his one hundred and fourteen
armed soldiers an interval Of short space sepa-
| rated them; each on the same highway--Seventh
street. "A message came, as was supposed, from
the boys, but as / think It has been proved, from
very different quarter. But message came, as
was supposed at that time, from the party in
charge Of the cannon, telling the officer in COM
mand that unless the Marines were taken from the
ground, the cannon would be fred. The half doz-
en- boys sent that message to the one hundred
and fourteen Marinesl The boys, with the swivel
and their pocket pistols, sent that defiance TO the
Marines with muskets and ball cartridges, consist
ing Of bullet and three buckshotl Six TO one
hundred and fourteen The gallant officer tells US
| that he replied TO the message, instead Of taking
away the Marines, he would take the cannon; and
| Immediately, upon his own hook" he marched
his Marines from his position before the polls and
drew them up before the cannon; and that he gave