Weekly American. [volume] (Washington, D.C.) 1858-1858, 1858-02-06
FOURTEEN TIL DAY.
WEDNESDAY,, August IL, 1857.
SPEECH OF
ROBERT E. SCOTT, ESQ
Nv TIE DEFENCE
SPEECH OF
IFRoM sUTroN's REPORT

FROM SUTTONS REPORT.J
I'VE have SO many calls for SCOTS speech, that
we have concluded to repubsh it in small portions.
Ii is the most important document that we place
in the hands Of readers at the present time. 1t
shows up modern Democracy to the life, proving,
that to obtain the "spoils they win shed innocent
blood-brutaly shoot down, in the public streets,
their fellow-ctizens they dare to say they
are, and dare to act like, Anericans
Gentlemen, the faithful historian will note
another fact, that in the face of these things that
have narrated, we stand here in the month Of
August engaged ina protracted trial ofpartes char
ged with amsdemeanor! Men were killed, butcher
ed, slaughtered unoending inoensive, guiltless of
all charge, at public place, assembled on law
full occasion, under circumstances to make the re-
sponsible authors Of their death guilty of felony,
and we stand here to-day to defend these clients
on q prosecution for misdemeanor! The District
Attorney said that the Commissioners of election
seemed more inclined to favor the "Plug Uglies"
than the Military authorities am sorry to see
that the prosecution stands here seemingly more
inclined to favor murderers than those guilty Of
petty misdemeanor Was Allston lawfully killed?
Does the law excuse his homicide, or justify it?
Standing upon his own door sill, breaking no law,
committing no riot, violating no peace, but stand
ing there in the peace of God and under the pro-
lection of the law-he is slaughtered Was his
homicide justifable or excusables Iprofess gen.
tlemen, to have some acquaintance with the Grim.
inal law, but have yet TO learn upon what prin-
cple Of the criminal law, upon what rule of right
or Of Justice an unofiending, peaceable citizen can
be lawfully shot down. Upon what law is it that
the homicide Is to-be justified or excused
Well, gentlemen, no judicial investigation has
been prosecuted by the city authorities into the
circumstances attending this bloody tragedy, no
military inquiry has been made into the conduct
of the Marines who were the bloody actors no
military trial has been demanded by the officers
in command, but one Of those officers and some of
the Marines have been called into this court and
put on the witness stand on the trial of this case
ard from their own lips, in the presence of this
court of this jury, the bar, and the audience, we
have had testimony Of that which makes them
justly and legally the responsible authors of this
telonious homicide. / say, gentlemen, the histo-
rian who rccounts the occurrences OF the first of
juno, will be untrue to his Office If be fails to give
Appointment place in that history to the events of
this trial. The power Of the United States, the
power OF your city government, with knowledge
or all the facts, because none can plead ignorance
of them, passes by the felon and the murderer.
and refusing an enquiry into that crime yet stand
here 70 day prosecuting these defendants for a
misdemeanorl misdemeanori 1t has a signi-
fcance.
And here must make my acknowledgements
70 the worthy gentleman who prosecutes for the
United States for caution which, In the outset of
his remarks, he was good enough TO give to this
jury. Perhaps. gentlemen, II was not altogether
unnecessary. His caution was TO guard you against
the liability Of having your judgments warped by
party considerations This prosecution has arisen
out ola contest between two political parties that
fxII Tho Ia ~ Il. la -
control In the City Government, and no one think
who has breathed this atmosphere through the two
weeks consumed by this trial, and observed its
surroundings, be insensible 10 the danger that
the spirit that melted to the conflict NAV steal upon
ms here, and influence the verdict that must be
rendered In this case. Nothing, gentlemen, accord
ing 10 my observation controls 50 strongly the ac
ton OF men - patty feeling. II possesses every
ciass in life. No condition is exempt In political
Affairs Il supplies ill the senses through which We
take cognizance Of both moral and physical objects
Weapprote or condemn, not according 10 the die
tstes Of dispassionate Judgment, but by the Pro-
crustean measure OF It's memorable prescription
In no country, 70 greater extent than In our own.
does party rsge TO such violent excess. II seizes
upon the hastings, and every election, however
ccnaderaole or Insignificant it may be, whether
Legislative, executive, judicial or even scientific
and literary, is governed by lie energy Il inyades
the halls OF legislation, and the very laws under
which we live spring IRON party combinations, and
are fashioncd 70 advance the party interests OF
those In the msjorty Il cannot surprise rs. there
fore, that thcexecutive departments should partaks
Of these vices. With enormous patronage TO be-
stow, the meanssre at hand TO reward the services
Of scfive leaders, tosecure the fidelity OF the house
hold troops and 10 attract recruits from the oppo
sing ranks- Accordingly we find that the only
access 70 posts Of honor and profit, Is through a
single path--that Of party service. Nay the hum
blest artism IN the workshop, the poorest laborer
on your public vorks - proof Of his fitness 70 per-
form the work required At his hands, is obliged to
repair on election day 10 the polls and swell the
ranks Of the voters In the interests of those from
whom he obtains employment Gentlemen, do
not alIegs ths - The peculiar vice fany one party
Unfortunstely u 10 too common TO ali. Bot you
who reside IN this city, IN the very presence ofthe
Federal Executve, amid this host Of governmental
employees, must know from experience how true
ere the observations Tat make, and how far
short they all Of conveying true impression Of the
condition Of things thst actually exist Victorious
over the bsllct-b6x, triumphant In the halls of le
Gslafion, strong IN executive power, emboldcncd
b. success the demon ntrudes bis brazcn face into
courts ofjustice But trust never TO see his bid.
e0u visage skulking behind the jury box Let the
oourt room be free. Let the fountain Of Justice
not ~ polluted at ~ source. Let liberty not be
aGn1lod ID IL laet entrenchment
TIA thiois 70 some extent political prosecution,
4 \ h nh 70 Disguise AID II 1t is 10 be tried
gsn3emsn, upon party principles, We know how
vain = - te!encs which We eengsged in shaking.
Iof myc6x 4 hive never known party feeling TO
govern ~ ver1bt 81 jury. have seen II prevail
ssswbeve teA Gonf extent but have never known
n invads - ~ Dor; and win believe until the
con1roy b proyet 70 me, that this jury IL capable
~ understanding Ne strong pressure from without
tbe1 ~ Dow aGsiDst then, and that they mean 10
ron1or verdict in this case, IN Just accordance
Win lbehw nd re evidences, and tbattbey mean 70
eive thess parties lAir and impartial tial Iray
hsn bsnsye ths until tho contrary = Demonstrated
I - - know, gentlemen, notwithstanding the
lB1fo6oe1uy fsnarks of the prosecuting attorney,
thsf should havo alluded to this topic, but for
the course Of the gentleman who was associated
With NJ n ths early part Of the defence, Mr.. RAD
cLTrvR, but who drew from ussuddenly tae other
day. That gentleman has been for long time .