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


upon the hustings, and every election, howeye
considerable OF insignificant il may be, whethe
Legislative, executive, judicial or even scientf,
snd literary, is governed by its energy 1t invade
the halls Of legislation, and the very laws under
wnicn we i've spring from party combinations, ant
are laSnlonod TO advance the party interests o
those III the majority. II cannot surprise US, there
tore, that the executive departments should partakf
OF these vices. With enormous patronage to be
STOW, the meansare at hand to reward the services
OF active leaders, to secure the fidelity of the house
hold troops, and to attract recruits from the oppo
sing ranks. Accordingly, we find that the only
access 70 posts OF honor and profit, is through q
single path--that Of party service Nay the hum
blest artzan In the workshop, the poorest laborei
on your public works, proof of his fitness to per
form the work required at his hands, is obliged to
repair oa election day to the polls, and swell the
ranks OF the voters in the interests of those from
whom ne obtains employment Gentlemen, I dc
not allege this as the peculiar vice ofany one party
unfortunately It is too common to ali. But you
who reside in this city, in the very presence Of the
Federal Executive, amid this host Of governmental
employees, must know from experience how true
are the observations that make, and how far
short they fall Of conveying true impression of the
condition Of things that actually exist Victorious
over the ballotbox, triumphant in the halls of e-
gislatlon, strong in executive power, emboldened
by success, the demon intrudes his brazen face into
courts Of justice, But trust never to see his hid
eous visage skulking behind the jury box. Let the
court room be free. Let the fountain of justice
not be polluted at its source. Let liberty not be
assailed in its last entrenchment.
That thisis to some extent political prosecution
it is in vain to Disguise; apd If it is to be tried
gentlemen, upon party principles, we know how
vain is the defence which we are engaged in making
For myself, have never known party feeling te
govern the verdict OF ajury. have seen it prevail
elsewhere to great extent but I,have never known
it invade the jury box and will believe until the
contrary is proved to me, that this jury is capable
of wthstanding the strong pressure from without
that sets now against them, and that they mean tc
render verdict in this case, in just accordance
with the law and the evidence and that they mean to
give these parties fair and impartial trial say
shabeleve this until tho contrary is demonstrated
do not know, gentlemen notwithstanding the
Introductory remarks Of the prosecuting attorney,
that should have alluded to this topic, but for
the course of the gentleman who was associated
with us in the early part of the defence, Mr. RAD
cLIFFE, but who drew from US suddenly the other
day. That gentleman has been for long time a
practitioner in this Court, and hIaccustomed to
figure at criminal trials. Lately he has received
an executive appointment in another Court He
was not content to Withdraw in silence, but he
sought the opportunity to make speech. The
pretext was to say something on behalf of party
for whom he had been specially retained, but it
was soon apparent that his object was not SO much
to defend his client, for against him at that time
no evidence had been given, proving any criminal
connection with the riot butto defend quite another
person whom he Unexpectedly found criminaly
arraigned; that person was himself, the crime be.
ing his engagement in the way of his profession
to defend one of the parties to this Indictment
GentlemeR, his defence was addressed to his polit
ical friends it from his political friends there.
fore, that the accusation came. We learn that his
defence was successful; on our part We only regret
that clients lost the services of an advocate so
adroit. For myself belong to neither of these
parties No combinations of either have ever EN-.
braced me. stand here upon my professional re-
sponsbiity, to defend these persons according to
my best ability, without regard to the nature of
the offence, the quarter from which the accusation
comes, or the influences under which it is pressed
forward. am conscious of no feeling calculated
to blind my Judgment, or obscure my sight touch.
ing anything that belongs to the proper merits of
the case, and expect to argue it fairly and can
didly. | shall make no rude assaults upon the
feelings of any party implicated in it; but at the
same time those who have figured most conspicu-
ously in this transaction must submit to have their
conduct criticised where criticism is just. am no
ments are all conservative. would have the pub
lie authorities respected, and the laws observed,
but to be respected, the public authorities must
themselves bo respectable. Properly to enforce
the law, they must not transgress the law.
On the first day of June, under the provisions Of
your city charter, an election was to be held for
certain municipal officers Among other places
appointed for holding that election, was the first
precinct of the Fourth Ward. AT an early hour
of that day, large number Of persons, of foreign
birth, said to be naturalized citizens OF the United
States repaired together to that poll, and in col
umn exceeding hundred in number, took pos
session Of the polls That, Of ITSELF was an extra
ordinary spectacle, or rather, an extraordinary
event. 1t may be material to inquire, what gave
rise to it. We are not left altogether in the dark
as to the origin Of 1t, because we are told that it
was brought about by preconcerted arrangement.
However discrepant the testimony may be on other
points, however conflicting may be the proof and
the witnesses in other respects, there is no con-
fiict. no discrepancy here This party of foreign
voters did assemble at an early hour, and did
press together in body upon the polls, claiming
priority of right to vote over all other persons 1t
could not have accidentally happened. That is
impossible. 1t was the result of arrangement and
concert-previous arrangement and previous con-
cert. One witness tells us that there was talk
in the city previous to the election, that all such
voters were to be voted in, in the early part Of
the day, and that those Of the American party, If
they voted at all, would have to vote in the after
noon through file Of Marines. But we are not
left, gentlemen, to speculate about the previous
arrangement We have il from one Of the princi.
pal witnesses for the United States who told US
he Justice Of the Peace, and volunteer rccipi.
ent of the commission ofa policeman for that day
mean Mr.. Justice Dom. He, Justice of the
Peace, and therefore, peace ofiicer--a special
policeman, and, therefore, charged with other du-
ties, stationed himself at the polls, busted himself
In the conduct of the election--g guarding, as he
said, the outlet through which persons, when they
had voted, passed Off Yet he tells us that he had
taken special interest in these foreign voters and
was one of those who actively exerted themselves
to bring them to the polls. He was an active,
working partizan, busy in bringing up the Irish,
and banding them together at the polls. JUS
tice of the Peace, whose office required impair
ti,lity--an officer of police whose duty required