Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-08-10
LOCAL INTELLIGENCE.

had recess were called into Court and dismissed
by his honor until this morning at ten o'clock, as
there was no possibility, from the lengthy debate
Of the counsel upon the instructions offered by the
District Attorney, of coming tn the arguments IN
the case during that day.
Mr. Bradley went on and eonciuded ms re-
marks, showing why he objected 10 the instruc-
lions preferred BY the counsel for the prosecution.
Mr. Kew replied, contending in the course OF his
remarks that the act Of the MAYOR was Just ana
20 his application for the marines, fortined by an
affidavit which was sworn TO by respectable
citizen OF Washington, and granting him discTe
tionary Bower to use them according TO the e1i-
gencies Of the case, was proof Of the confidence
Teposed IN him by the President to do and act as
the danger and peril OF the citizens thus disturbed
might in the case seem to warrant He sad that
IL was contended by the other side thai the riot
had ceased when the Mayor first went to the polls;
what did the Mayor ind to be the case when he
arrived there he found the bdTricades broken ana
the polls closed
All was quiet, said the counsel for the defence,
but il was the quiet that prevails on the battle
field after the fight Is over, and no victim is LETT
10 make resistance. Was II not nanifestly the
MAYORS duty, under these circumstances, to EN-
Poy such force as had been placed IN ms bands hands
and legally, too he used those nIrans for the
Insintensnce Of the public peace and good order
in the community, which peace had been ia
xrantly violated. Was II not remar kable that the
Judges Of election had taken the unwarrantable
responsibility Of closing the polls In violation of
all law at time when, according to the testi-
defence, all was quiet, and the voting was pro-
ceeding peaceably! And upon what plea, then,
did they do this Itwas upon the yaPory excuse
springing out Of a sickly and absurd sentimental
ity that they would not receive votes with the
flashing bayonets OF the marines directed towards
their breasts. What right had they to refuse
law when all was peace and Quietness around
them The marines were a square of; they
could not have been afraid of them at the time
the polls were closed. He contended that the
Of ha iudOes
yersal oPProbium, and they consigned to ever
lasting shame.
Mr. Kew quoted from the act of Congress Of
1872, contained in the Statutes at Large, to show
g that the Mayor shall thai the laws Of the
Corporation shall be duly executed, and that he
shall punish any disObedience OF those laws on
the part Of its othcers.r
Mi Key cited many other authorities to sustain
the action Of the Mayor and in support of his in
structions. He contended that the commissioners
had violated the Laws by closing the polls, and
that il but proper, under the existence Of all
these facts to ask the Court to instruct the jury
that their act was Illegal. He submitted to the
Court that they were to all intents and purposes
guilty Of riot and he asked the Court to instruct
the jury that the marines were on the ground le-
gaiiy and , for the exercise Of legal purpose
ferred to the Constitution Of the United states to
show the authority Of the President to call out the
marines and interfere in the case now before the
Court. The argument was, that this portion of
the Constitution gave the President the power.
He contended that il gave no such authority to
the President At this present time the President
Is not the United Statesmen quite His power,
then, is not here, but in the legislation Of Con-
gress on the Constitution.
Mr.. Ellis quoted from the law to show in what
cases the President may call out the military. He
commended that there were but three cases i'm
which the President may call ont the military
they were only In case Of an insurrection, an in
Vasion, and when necessary 20 the sustaining Of
the law. He commended that the authorities cited
by the District Attorney were not applicable TO
the matter now pending that the law did not au-
tod yHaff
ney cOntended II authorized him to do.
On closing his remarks, and Mr.. Key not reply
iug, the Court adjourned till Monday morning
- TWELFTH DAY.
The trial OF the election rioters was resumed
this morning.
Ia consequence Of che somewhat hurried and
indfstnct manner in which the instructionsksLel
by the District Attorney were read in Court on
. Saturday, the reporters for the city papers, the
Star included, failed to catch them with eInct-
ness. We accordingly give them to-day in a
corrected form:
II the jury believe, from the evidence, that the
Mayor Of the city Of Washington made an appli-
cation to the President OF the { nited States and
the Secretary OF the Navy TO order out the United
Z states marines to assist him In preserving the
public peace, and the said marines were accord
ingly so ordered by the Secretary Of the Navy
and were marched by the direction OF the Mayor
90 the place OF disturbance, to wit TO the first
precinct OF the Fourth Ward, then the said Mayor
IL the jury believe, from the evidence, that the
commissioners OF the election at the said first
precinct Of the Fourth Ward closed the polls of
said precinct for no other reason than the one
given. that il, the presence Of the said marines
then the act Of said commissioners In closing said
polls was an Illegal act; and the said Mayor, by
a yfTtue OF his Office, and in the execution thereof
- possessed full power and authority to order the
said polls to be opened and all PERSONS who in
'eviolent and turbulent manner, acting together,
either by previous concert, or by concert spring
Ing up at the time, opposed the efforts of the said
Mayor, either to have the said polls opened or TO
preserve the public peace, are guilty OF riot
This morning, Judge Crawford gave his an
|. swer to these instructions, follows:
With reference TO the first instruction, the Court
said that much argument had been Ell pended i'm
relation to the Presidents power to order out the
military. The fifteenth clause Of the eighth sec
tiOn Of article OF the Constitution Of the United
states which confers upon Congress the power to
provide for the calling forth Of the militia to
cute the laws OF the United States to suppress
instruction, and repe INVASION has been referr,d
10, as well the act Of February -, I795 In the
trst volume Of the Statutes at Large, page at;
but the terms Of the law itself show that 1t ap-
plies To the States, and TO different class Of cor
tlngencies than the one that is alleged exist in
VI this case. The act Of lSU7 has also been cited
i6ut the Court was OF opinion that this provision
in the Constitution and the laws passed under II
have no application TO the inquiry submitted to
the jury. There was another clause in the second
section Of article two OF the Constitution which
makes the President commander-in-chief Of the
army and navy OF the United States, and section
three Of the same article makes II his duty to take
care that the laws be faithfully executed
IL was under these two last named sections of
the constitution that his Honor apprehended the
power 10 call out the military forces In aid Of the
civil authorities would be found. The fifteenth
clause Of section eight Of article one Of the con-
xtitution. under the appropriate head Of what
Congress shall have power to do, bestows leyis-
latiye power; and section two Of article two I'M
poses the Presidential duty. The Chief Magis-
trate Of the United States acting for this District
possesses the power which was exercised in this
Instance: and being the head OF the proper De-
partment, the act Of the Secretary Of the Navy
was, TO all intents and purposes, the act Of the
President. The authority, then, according TO the
evidence which the jury had head, was a neces-
sary application OF the power granted by Con.
gress, and was properly and lawfully exercised
by the Executive upon this occasion. The Pres
ident could not make himself personally cogni-
rant Of all the circumstances whenever he was
called upon TO act. The representations made To
him were such as not only TO Justify but to re-
quire the Executive of the United States to do all
that he did do. The marines and the officers who
commanded them were legally at the polls of the
first precinct cf the Fourth Ward, for they were