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

man, contradicted as 1t Is by every other man that
has testified, and asks this jury to convict one OF
these parties az participant in the riot in firing
thatpistoland throwing stones Gentemeh what
opinion he has Of you and Of your Intelligence,
II is not for me 70 say. tits poor compliment
70 your intelligence and impartiality, whom the
prosecution addresses these remarks to you, and
makes this demand at your hands
Now, gentlemen, If the Mayor was not right in
using the military to capture this swivel, he is re-
sponsibe for the manner in which he and his Off
Gals performed the service. | have shown to you
that that is the law. There is no question about
Fit. " ne had no such right, he was, himself vo-
iatlng the law, and not keeping 1t. Then the prin-
cpe is clear that he and his aiders and abetters,
and instruments are all guilty of murder, and liza
Die 70 be indicted tried and hung for IT. under the
law; Perhaps they are in no danger under the
administration Of the law here. II say the use
OF the Marines was unlawful, then the principle Of
the criminal law is a clear one, / need not stop
to read 1t that a homicide committed In the exc
cution OF an unlawful act is felony, murder or
manslaughter, as the case may be, but it is a
felony, Now, whether he had the right to use
the Marines, depends upon the question whether
he was justified under the circumstances Of the
case in calling them out Drift does not depend
upon that question, it depends upon whether
there was necessity to use them. Could not civil
ians have managed six boys? They stood around !;
they did not undertake to exercise authority, but
they took the cannon and turned it round Sup
pose a dozen, or two, or three, or one hundred
and fourteen civilians without the paraphernalia
Of arms had been detailed by the Mayor on the
spur of the occasion, and told to 60 there and
take that piece, and arrest those boys, why could
it not have been done Where was the Marshal
of this District that he was not there? He knew
Of the disturbance. w,
The DISTRICT ATTORNEY. He was there.
Mr.. SCOTT. Where was his posse The law re-
quires that, first the civil power is to be resorted
TO, and the military power only in an extreme ne
cessity If the civil power Is competent to arrest
the disturbance, the law says it shall be used His
Honor has explained the law to you in his instruc-
tons. II is only where the civil authority is in
adequate that the military is to be used Now
suppose that when these marines, these gallant
fellows, were drawn up on / street, their COM
handing officer had not undertaken TO act upon
his own hook, the disturbance about the market
house would not have been half so great, and the
disturbance about the polls, but .of little conse-
quence. 1t he had left them on / street, from
which they were marched without orders, / ask
what would have been the difficulty? say moth
ing of the Mayor. Unfortunately, you seem to
have elected a man who does not command the
respect of all your ellow-citizens. That, gather
from the evidence. What do you say of the Mar
shall? What would have prevented either of them
from summoning, and enlisting on the spot, a
posse OF civilians with or without arms who would
have been competent to have arrested those boys
and taken their swivel? Is there any man in the
hearing of my voice, who does not know that that
could have been done? Men do not shrink from
the performance of duty because danger lies
in the path. Danger would be their attraction.
Am to understand, that amongst the sixty thou
sand population Of this federal city, men enough
in the civil walks of life could not have been found
who would have been willing to assume the duty
of taking that swivel, and arresting those boysg
Why, my friend the District Attorney with his
clarion voice, could have commanded more than
sufficient number. There was nothing but
foregone determination; nothing but what l am
bound to charge as malicious determination, on
the part of this official, that ever led TO the use
of the military on that occasion. The whole case
proves the malice-the preparation of the affda-
vit-the application to the President--the hot
haste with which the military were resorted to-
the blind refusal to take any steps to prevent a
breach OF the peace. Why were not those Plugs"
arrested before or after the disturbance? Why
were they not followed and captured by the police?
The explanation is no such attempt was made,
because it was the foregone determination of this
officer to make an opportunity to call upon the
military of the United States, to parade it under
his command. Certain it is there was no neces-
the law, the uncontroverted law is, that every
homicide committed in consequence of it, is felo-
NOUS, and they are guilty of felony who are aid
ers and abettors, and accessories-those who were
accessories after the fact equally with those who
were engaged in the perpretratior fit. But sup
pose you think the military ought to have been
used to capture the piece, what justi6es those
who stood in the line in firing upon Allstons cor
ner2 They say pistol shot came from there
Suppose it did, They say stones were thrown,
not from the crowd but thrown from out in the
street; suppose it was true; suppose that parties,
as stated by the fugitive Birkhead, came into the
street and fred and threw stones, would it excuse
the marines in numbering them? Why, If cast
stone at you from the distance at which were
these people, and hit you or not, and you shot me
down with a musket, il is felony in every land
where Christianity and law prevail. You have
the right TO take the life Of another in case Of
necessity to save your own life from destruction,
or your person from grieyous bodily harm; but
a stone thrown from the hand of boy at party
of marines, could neither endanger their life nor
cause them great bodily harm it, therefore, could
not justify, il could not excuse the homicide COM
mitted. pistol shot, fred without effect, would
not justify the party, at whom IL was aimed, in
shooting down the assalant in his retreat. If he
did it the law condemns il as felony; there is no
escape from it, and warn my friend, the District
Attorney, to guard as to how he touches this
branch Of the case. Justice may not sleep in this
city forever. The blood of these slaughtered men
may not appeal in vain for all time to come, and
his efficient services may be required-everybody
think, must agree, that they ought to be required
in proper judicial investigation of this affair
But if the Marines were justified in shooting
down the fellow who fred the pistol and cast the
stone, did it give them the authority to shoot down
innocent people, and plunge their fire into the
crowd at Allston's corner9 Take it, that they
we're defending themselves. You must so defend
yourself as not to commit an aggression upon
another, or you are responsible for it. If aiming
at one man in a crowd, without regard to the ef-
feet Of the shot onnnocentp you kill another,