Weekly American. [volume] (Washington, D.C.) 1858-1858, 1858-01-23

q IHE TRIAL
OF rHE
.... WASHINGTON
ELECTION RIOTERS.
EXTRACTS
Y FROM rHE SPEECH OF ~
VEGp ASIAN ELLIS ESQ

VESPASIAN ELLIS, ESQ.
" Was any body terrified by what the Wilson's said
Has the prosecution proved any such fact? Their
remarks simply expressed their feelings and opln-
IONS 10 wit; that il was an outrage 10 bring the Ma
rines 10 the polls on an election day, and when all
was quiet And, gentlemen, IL pds an outrage. You
cannot forget that IL has been clearly shown--you
cannot shut your eyes 70 this fact-that there was
no riot nor any sort of disturbance worthy OF no
\ tce, after the morning ARRAY until the Marines
came there. Now, although it may be true, that it
is lawful for the Marines TO be ordered out to keep
the peace, Ia position which deny, however, u is
certainly not lawful for them to break the peace, and
If they do, they may be resisted
Does any body doubt this? Has the court declared
that, IL the Marines thus ordered out TO keep the
peace should attempt to do an unlawful act, they
might not be resstedp not at all AT last then, IT
resolves itself into this, that though the Marines
were lawfully on the ground they might be resisted
2 IL they att mpted 10 do an unlawful act
N The Wilson's reasonably supposed the Marines had
come to do unlawful act to wit; to keep the
Americans from the polls, unless they would consent
to march thereto, through files Of the Marines!
There is not man with an " American heart who
would not resist such an attempt by the military.
would scorn to associate with man who would
not resist the military under such circumstances.
will obey the civil and judicial authorities, but
will not obey the military, unless they are acting in
the lawful discharge Of duty properly assigned
them. W ~,
But, gentlemen, the Wilson's did not resist the
Mar mes; they denounced the act Of bringing them
TO the polls and they said, what will be approved
by every true American. that the polls should not be
opened whilst they renal ed. This declaration con-
sttued no offance-much less riot for neither the
Mayor, nor the Mari es, nor both together, had
rightto open the polls! The court has said, :" The
Muyor Ind right 10 order Tie polls TO BE- opened, but
he lad no pocer to enforce Hte order"a right with
out remedyand how could such right be resisted
by the Wilson's, if no means could be used to enforce
itg Whit could they resist?
But gentlemen, so far rs regards William Wilson,
he was emphatically peace-maker, for, when Rich
ard Wallach demonstrated with the boys, in charge
of the swivel and asked, Is there mob dy here who
knows mes' William Wilson stepped up to him,
and said, 81 know you, Mr.. Wallach, and will
stand by you the the DEATH" Is This the action Of
a riotery God grant that on all such occasions
rioter, as was William Wilson that occasion /
k now that old gentleman 81 ghtly--I know m re Of
him by reputation, and have reason to believe
there is not more peaceable man in this city.
acter as such, for when Mr.. Wallach. was no ly
erng himself to preserve the peace and to prevent
the shedding of bl 'od, William Wilson "a man Of
more than three score years. announced to him. II
viii stand by you to the deathlT And yet this is the
man whom you are called upon by your verdict, to
send 10 prison, or to punish by the infilction OF
fnel Is that such man you would nd to Jail
a man who would risk his life in preserving the
peace? If il be decreed that the American party
here to be sent TO Jail for such actssend him,
and send me wih him, II you choose, for approve
and applaud his course.
But again / ask, did such remarks as those Of the
Wilson's terrvy the peopler Did they prevent the
opening Of the pollss The Commits sioners of the
Election the persons upon whom only those re-
marks could operate, for they only had right TO
open the polls, and they were not present to hear
, what the Wilson's said. Indeed the Commissioners
have themselves sworn that they acted their own
Judgment and discretion in closing and reopening
the polls. And here let me add, that whilst bow
10 the decision of the Court as the law of this case,
am Of the opinion that no men deserve more credit
than the Commissioners for the propriety Of their
They closed the polls on the arrival of the Marines
and when they thought the YES and The ballot
box were in danger. ! might not probably go so
far as say that the casual presence Of military
force would justify them in closing the polls when
there was obviously no danger from the military
but the law Of England is that armed force shall
be mustered within several miles of the polls the
day of an elevation. 1t is wise provision of law,
and il will be lamentabe day for In this coun-
try when the presenc Of military force at cleo
tons shall be tolerated.
Louis Napoleon has not more power over the bal
lot-box than the President Of the United States
would have If the latter may call out the ENLISTED SOL
ders Of the regular army, on the DAYS Of election TO
stand in front of the polls under the SCRABBLE pr
text Of keeping the peacel France cast her free s.
fogs" for the first Napoleon, in the presence OF such
conservatives of the peacei" Louis Napoleon is
indebted to the same description Of peace officers
for his election TO power; could he remain Up N
his throne for an hour without themi Settle the
principle by the verdcts OF American jurors, that
the hired military may be cal ed out at the pleasure
of the President to see how the people vote, and I
would not give rush for the liberties Of which we
abostl
With such "a police force . the President may be
despot / do not be believed Mr.. Buchanan would
delb rately sanction such measures, and yet, he
has been made - practise themi Whilst have no
confidence in his political integrity do not think
he would act the part Of tyrant When first came
in toths cause. thought the federal executive
wholly in the wrong from the beginning but when
read the letter Of the Mayor, and the affidavit OF
his right hand man. Captain Goddard, the matter
assumed very different appearance. Mr.. Buchanan
has power TO act in proper ease but in this instance
he should have done as "0ld Hickory Is said to
have acted ina similar casehe should have required
his marshal 70 sustain the police authorities of wash
ingtoni
do not think, therefore, his action was in accord
ance with law, but do not now cast the same
amount Of censure upon him that was disposed 10
cast at first I have no doubt the President was
deceived as 70 the facts which existed when he
yielded TO the Mayors request Still, my opinion is,
with all due Difference TO the court, that there are
but three casions las have insisted In the earlier
stages Of this trial. when the military be law
fully called out by the President To wit: TO "repel
invasions," TO "suppress insurrections,' and TO
execute the laws Of the Union" II is not my
opinion that the army and navy Of the Federal Gov
eminent are TO be subjected 10 the orders Of the
Mayor Of petty corporation, 70 be used as adjuncs
10 his police constablesl
Gentlemen, in passing thus rapidly through my
argument II have omitted 70 examine the proofs
applicable 10 any ipdipiduai case you will find ON
reference thereto that in no instance IL that unity
and concert Of purpose and action proved which is
necessary 10 constitute riot. IN truth, no riot
<xtt>df
Gentlemen, have now discussed all the points
which intended 10 discuss when arose 10 address
you, and ID 10 my misfortune that / have been
Obliged 10 make disointed speech. NV colleague,
Mr.. Soorr, had occupied nearly the whole ground,
end besides, when came here this morning, was
under the belief that the would be submitted 10
you without any further arguments
The DISTRICT ATTORNEY. offered 70 sub
init the cnse without argument
Mr.. ELLIS. Yes, SIR, at the close OF the testi-
mony, but there were then some things which we
desired 70 dlseuss and 70 that end speech from
this side wss necessary.
I now only propose, gentlemen, TO refer briefly "a
few positions which we have clearly established in
the defence. -
First. we have shown Mat the morning ARRAY
began the very moment when an Irirhman at the
polls refused to show his papers and threatened his
interropator wirh a brickf That hssof began ~
Dsornsng qfrag.
II may, be that those Baltimore boys had rcut NJ
some shines" during the morning Of the Day, bu
with thst Question you have nothing 70 o. or DO
one OF them u now on trial The FIRST array orlgi
mated, - I have told ron, In the remark o. TIL
Irishman who said he "bad brick" The Ameri
ceu1eelinR had been previously excited--the "Ame-
s<<nnar had been a nv h. circulation of 4