The American. [volume] (Washington [D.C.]) 1857-1857, 1857-08-22

that anything 70 do with tho gullL or innocence {
these parties, who are charged with committing
riot /? cannot see that ID has as 1t now standG
IL has been stated that this Is but step in ad
vance, and that 1t Is intended 10 raise a quesio
as TO the calling out of the Marines and il, b,
the evidence, the jury can find that any othe
course could have been adopted, If they can ses
that il was not necessary, 70 show that il was al
/ illegal calling out s
| Sir, the President has acted az he thought
proper, and his act is before the people. The
Mayor has acted as his judgment dictated but that
is not question before this jury Suppose there
was no legal authority for calling out the Marines
who is to judge Of that but tho person who ex-
ercises the executive armf And what has that to
do with these deendants on trial for riotl Sup
| pose the Marines were illegally called out, is that
a justification for these men In committing riot ?
| apprehend not Then yielding all these ques.
tons, they are questions that are not to be opened
here. Why the fact is known that before the Ma
| rines came here, party of individuals dragged
| clnnon through our streets, and proceeded with
| 1t wherey To the Fourth Ward polls IL was
| there that one of these defendants subseeuently
stated that the polls should be closed unless the
Marines We're taken away, and he 80 demeaned
himself as 70 make his acts amount almost to re.
belllon. What right had those persona there with
| that cannon Ishali show that the Mayor went
| there to protect the legal voters. Y That Is the
| attitude in which he stood. What then have all
these propositions of the learned counsel TO do
with this cases I will confne the testimony to
| the transaction. The Marines were there to pre-
vent further disturbance Of the peace by certain
class of people, and they succeeded If the facts
which the gentleman desires TO elicit, be admitted
still submit that these defendants are guilty as
Indicted Whether the Marines we've properly
| called out or not; whether the Mayor could have
iesorted to other methodser net Ia no question
la tx.r I t-L.I j
your iienOr will rule out testimony which 70 in.
tended to establish that position fat the defence
| Mr.. BRADLEY. In tho course ofmy lie have
had tue fortune to hear and read OF many strange
things, but Fever have head or read Of snoh pro-
positions those which to be tse basis
Of the argument OF the District Attorney What, sir
are we ct this late day to be told that II an armed
farce under the authority Of the Mayor or any
| other ed being, be marched into this place
aud demand "WhaL is this assembly here for, shnt
4 ! cannot withstand force with tprces Why, Sir,
they are the trespassers from the beginning, and
are responsible for all the consequences The
doctrine Of the District Attorney is the NEST aayish
ever promulgated on the face Of the earth II Il
simply that under such tyranny the people are &c
sit quietly, and yield subnissively This ia tbs
submission required from American citizens Into
whose very composition it enters--it is not only
the spirit hut the very flesh and blood of the
from what source il may. Illegal power furnishes
no exemption. What, sir because tbs Marines
we're called out, therefore we are to submit there.
| fore We are not To eDauirel ] would cut off my
right arm before would submit to It. and If ! had
| child that maintained such doctrine would
disown him. What is our proposition? To en-.
quire into the authority by which tho Marines we're
called out. To enquire if there was any auth GRITTY
for the Strengthening of American citizens. Aud
having made that enquiry, we propose to apply il
to the particular facts of this case. Il the Execu
tive alone to judge oil the necessity which exists
IL the Mayor of corporation to call out the mill
tary to act as police and shoot men down be
cause they are not sufficiently submissive to ldm'
The gentleman says the Mayors view was pece
full that it to open the polls but sir, he iha
not met the proposition with which started an,
therefore repeat that until the civil authority i
exhausted, there is not county court lawyer il
the lind that will staud up and maintain that tn
military authority can be called into requisdon
Our Government is not worth rush, If man, b.
cause he IL In authority can call out the militar
authority whenever he ploases. If this be 30, W
are in worse condition than any people in chri:
tendon. What is the common law To that
, appeal. might cite authorities, but am sure
is not necessary 20 show that the military author
ty cannot be resored to until there exists an over
whelming necessity. That is the common law {
England and of every State in this Union excep
perhaps the State of New York, where statute ha
superseded the common law / repeat then tina
U! man has the right 70 call out the military al
thority until he has exhausted the civil. Is no
that principle at the foundation Of this enquiry
And if | can show that the civil authority was ad
ysed OF impending danger, and thai they ma lie M
effort 10 prevent breach Of the peace but 1T L z
on, and when Il burst upon them, they resort q
other than the Ordinary remedies, do not brins
home 20 the prosecution that which VIZ assume n
our defence, that this prosecution TO shield thei
own wrongS Am / 70 shut out from view th'
fact that shey knew men we're coming fiom Bnld
more, and That police magistrate OF the city Wa
advised of their arrival and that he sent 20 III
Mayor for the police force which was twice tb
number OF those who camo nom Baltimore, an
! that no effort was made TO restrain themY Instea
of making proper disposition Of the police fore
the Mayor Immediately upon the outbreak Of
disturbance, without taking single deposit o.
proceeds 20 procure the Marines He goes 20 VI
/ Navy Depar:ment--we know that that is 81
l proper placo 10 apply 20 for theni-ena we lno
that they were afterwards on the ground Are "
then TO shut out from the proof in this case tha
no effort was made 10 preserve the peace by u
civil suthoriiy 1 agree that when the militar
authorities are properly called out, and the civ
officers ore with them, we 10 lick the dust an
bow before them; that We are 10 forget that W
have American hearts.
We must also forget that no man has the RICH
: u use the military without authority ofiaw Un
} less then it be true that we have no right 90 re
, s;st Illegal authority, this evidence must DC ad
missible.- Why, II the Court please, suppose
man is indicted for an assault aud battery upol
another, and the defence is that he in his owr
} castle the prosecutor says, went there 10 TAX
possession Of your house; and the defendant says
| beat you--it Is true-becsuse you had no bust
} mess there is not that admissible evidencei
Clearly because il shows that the act Of the pa
complaining, was an Illegal act. II a man commit
an illegal act on me, and he indicts me for an rs
sault aud battery, cannot | show that he CON
mtted the frat sssaultS And IL show that citi
zcns are exercising the glorious right of voting
corporation election-of which / confess / 4,
not think nuch--anda strong power comes up anf
expels them from the polls, cannot they, and can
not ], resistf And If a military power is brougb
out TO control the election ostensibly, and resis
the military authority, cannot show that Il wa
brought out without cause. Docs the gebtle
man fear an Investigation
DISTRICT ATTORNEY. Not at all sir. .
Mr.. BRADLEY. Is this affair 80 sore that tn
boil win not bear puncturef Are we to be- ehu
out from sh enquiry before juryl When We ar
| charged with n breach Of tie ppace are we NOT .