The American. [volume] (Washington [D.C.]) 1857-1857, 1857-09-19

spprehended assault of the Marines The Marines
made ali the disturbance in the afternoon OF which
We. have heard 90 much they created the excite
msnt and but for them there would have been no
slaxn- The swivel followed the Marines twas not
sequences Of the ordering out of the Marines and Of
the report that Americans were 70 vote through o
Al Of Marines" Well, then, if under these crcum7
stanoep the trpo Wso1s and all the other Anieri,
opened till the Marines were taken away--and ulsss
they did this by concert violently, vocierously, tu-
multuously, and 10 tie terror of tie people unless
they tined somebody by their conduct you can
Was anybody terrified by what the Wilson's said
Has the prosecution proved any such factY Their
remarks simply expressed their feelings ana opin'
ions, TO wit: that was outrage TO bring the ma
rnes to the polls on an election day, and when all
was quiet. And, gentlemen, it icas an outrage You
cannot forget that it has been clearly shown-you
cannot shut your eyes to this fact-that there was
no riot nor any sort of disturbance worthy OF no
came there. Now, although it may be true, that II
is lawful for the Marines TO be ordered out TO keep
the peace, "a position which deny, however, it L.
certainly not lawful for them to break the peace and
If they do, they may be resisted.
Does any body doubt this? Has the court declared
that, if the Marines thus ordered out TO keep the
peace, should attempt to do an unlawful act they
might not be resisted? not at all At last, then, it
y
were lawfully on the ground they might be resisted
if they attempted to do an unlawful act.
The Wilson's reasonably supposed the Marines had
come to do an unlawful act, to wit; TO keep the
to march thereto, through files Of the Marines!
There is not q man with an American" heart, who
would not resist such an attempt by the military.
would scorn to associate with man who would
not resist the military under such circumstances.
will obey the civil and judicial authorities, but
will not obey the military aless they acting in
the lawful discharge of duty properly assigned
them. ft
X But. gentlemen the Wilson's did not resist the
Marines; they denounced the act of bringing them
to the polls-and they said, what will be approved
by every true American that the polls should not be
opened whilst they remained This declaration con-
Mayor, nor the Marines, nor both together, had q
rSg2tt TO open the polls The court has said 8 the
Mayor had gighto order the polls to be opened, bit
he had pooeS to enforce Tie orders right with
out remedy-and how could such right be resisted
by the Wilson's, if no means could be used to enforce
it2 What could they resist?
But, gentlemen, so far as regards William Wilson,
he was emphatically peace-maker, for, when Rich
ard Wallach demonstrated with the boys, in charge
of the swivel and asked Is there nobody here who
knows mep" William Wilson stepped up to him,
and said, 81 know you, Mr.. Walach, and | will
stand by you the the DEATH. Is this the action OF
a yiotey n God grant that, on all such occasions
every "American" may prove to be just such q
rioter as was William Wilson on that occasion
know that old gentleman slightly--I know more of
him by reputation, and have reason to believe
there is not a more peaceable man in this city.
His acts ON that day consistent with his char
acter as such, for when Mr.. Wallach was nobly ex-
erting himself to preserve the peace and to prevent
the shedding of blood, William Wilson "a man OF
will stand by you to the DEATH" And yet this is the
man whom YOU are called upon by your verdict to
send to prison, or to punish by the infiction Of a
fine! Is that such man as you would send to jail
Ill 20 utrnr fha
peace If it be decreed that the American party
here are to be sent to Jail for such acts-send him,
and send ms aoiM him, if you choose, for approve
and applaud his course.
But again, ask, did such remarks as those Of the
Wilson's teyrity the people Did they prevent the
opening of the polls9 The Commissioners Of the
Election were the persons upon whom only those re-
marks could operate, for they only had right TO re-
what the Wilson's said Indeed, the Commissioners
have themselves that they acted on their own
Judgment and discretion in closing and reopenng
the polls And here let me add, that whilst bow
to the decision OF the Court as the law OF ms case
am of the opinion that men deserve more credit
than the Commissioners for the propriety OF their
conduct on that day.
They closed the polls on the arrival of the Marines
and when they thought their Ives and the ballot
far TO say that the casual presence OF military
force would justify them in closing the polls when
there was obviously no danger from the military.
U1TDSu
be mustered within several miles of the polls on the
day of an elevation. II is wise provision Of law,
and il will be lamenable day for us in this coun-
try when the presence of military force at our elec-
tons shall be tolerated.
Louis Napoleon has not more power over the bal
lot-box than the President of the United States
would have If the latter may call out the enlisted col
deg of the regular army on the DAYS Of election to
stand in front of the polls under the miserable pre-
text of keeping the peacel France cast her "tree sg
ages for the first Napoleon, in the presence of such
:" conservatives of the peace!" Louis Napoleon is
indebted to the same description of peace officers"
for his election TO power nor could he remain upon
his throne for an hour without them! Settle the
principle by the verdicts of American jurors that
the hired military may be called out at the pleasure
of the President 10 see how the people vote, and
would not give rush for the liberties of which we
boasti
With such ga police fore" the President may be
despot. / do not be believed Mr.. Buchanan would
deliberately sanction such measures,-and yet, he
has been made TO practise theml Whilst have no
confidence in his political integrity, do not think
he would act the part of tyrant When first came
into this cause, thought the federal executive
wholly In the wrong from the beginning when
read the letter of the Mayor and the affidavit of
his right hand man, Captain Goddard,) the matter
assumed very different appearance Mr.. Buchanan
has power 10 act in proper case but in this instance
he should have done as "0ld Hckory" is said TO
have acted ina similar casehe should have required
his marshal 10 sustain the police authorities of Wash
ingtonl
do not think therefore, his action in accord
ance with law, but do not now cast the same
amount Of censure upon him that was disposed TO
cast Mt first. have no doubt the President was
deceived as TO the facts which existed when he
yielded to the Mayors request. STILL my opinion is,
with all due Difference to the court that there are
but three cdsions las have insisted in the earlier
stages Of this trial. when the military be law
fully called out by the President TO wits TO "repel
invasions," 10 suppress Instructions" and to
execute the laws Of the Union" II is not my
opinion that the army and navy Of the Federal Gov
eminent are to be subjected TO the orders of the
Mayor Of petty corporation, TO be used as aduncts
TO his police constablesl .U
Gentlemen, in passing thus rapidly through my
argument IL have omitted 10 examine the proofs
applicable to any individual case, you will find on
reference thereto, that in instance is that unity
and concert Of purpose and action proved which is
necessary 10 constitute riot. In truth, no riot
eristedi
Gentlemen have now discussed all the points
which intended TO discuss when arose TO address
you and il is my misfortune that l have been
obliged TO make a dsjointed speech. My colleague,
Mr.. ScorT, had occupied nearly the whole ground,
and BESIDES when / came here this morning, was
under the belief that the case would be submitted to
You without any further arguments.
The DISTRICT ATTORNEY. offered to sub
NIT the case without argument.
% Mr.. ELLIS. Yes, sir, at the close of the test-
mony but there were then some things which we