Weekly American. [volume] (Washington, D.C.) 1858-1858, 1858-01-09


execution of Their duty VII was not warning
spoken; why was not the peace proclaimeds 1t
is vain and idle, IL seems to me, to pretend that
an intelligent tribunal in the face Of this mountain
of proof these facts piled up in this a'e, can be-
lieve the Mayors statement. True or false, that
was just after the morning shindy. 1t is proved
that the a tmoreans had left the ground ! b.
Eeve they were needed for riot at that time in
the Seventh Ward, for the District Attorney has
some other indictments on his docket. suppose
when they come 10 be tried, my friend will prove
that these visitors from Baltimor1 were rioting at
the Second Ward whilst hers he is attempting
TO prove they were rioting at the Fourth Ward (;
and whatever he may attempt, God knows he can
get witnesses here to prove anything But, re-
peat that for the purposes Of this case, for is fair
consideration and its just decision, We ave estab
lished what was the condition of things when the
Mayor came to the polls: the plugs" were absent
Nay, the Mayor proves it himself because he said,
as he drove up the avenue in the exercise OF his
duty, which required him to look to the condition
of the city, all the time streaking it to the Navy
Department he met party OF rowdies who hur-
raed on their way to the other polls. Now, APP
prehend they were the Plugs" so that the
Mayor himself discloses that important lact though
he does not say that they were According to
every probability, the party engaged in the morn
ing shindy had left the ground, aud that is in &C
cordance with all the testimony.
He had no reason tor his excursion, but he drove
up the city on official business. what did you go
for?" ION official business" "To see what was
the condition of the highways of the city, and to
visit the western part of the city on official BUSH
ness" Now we know what his official business
was as well as he did himself. We all knew he
was running to the Navy Department to have the
Marines called out Wa. there reason for it {;
las there cause for it--a reason sanctioned by
law, or cause that the law respects? The militia
~ may be called out, but it must be in extreme
cases. That is the law of Engl md, where military
law prevails to greater extent than hope to see
il prevail here. To que riots to quiet ARRAYS, to
disperse unlawful assemblages, and to keep the
peace, is the appropriate duty of the civil author
iry. In England it is 50. You have heard the
law AS it has b en- expounded, gentlemen, already
~ the learned judges OF England, in some of the
cases quoted in the arguments on the law points.
In this country it is SO These duties pertain 10 the
civil auth rites The military may be called on
in England lawfully where there is just cause; it
may be cllled on here lawfully where there is
cause for it, but it can only be legtinately used
when civil authority is overpowered, or is una
BILE from weakness to quel the disturbance. That
understand TO be our law as well as the law of
England / III d rstand it to be the law laid down
in the instructions, as expla ned by his Honor, to
which | will call your attention hereafter
Now, was there cause for il in this case? What
was the pretext? What was the condition of
thing at the polls of tie first precnt Of the Fourth
Ward? What was the condition of things appear
ing there on tt Mayors visit? Gentlemen, need
| argue his question to you? Is it net almost
IN insult to your undorsar ding to argue the
question to You, to tell you that there is no
pr, of that Their, was such disturbance Or breach
Of The pence or riot at the first precinct of the
Fourth Ward when the Mayor visited it that
could not be quelltd by the civil au horiIies? But
he made his writ to the Navy Department and
thence to the Presidents mansion he made his
representations there verbally: he was required
to put them in writing he came back to his office
at the City Hall he had an affidavit prepared for
Mr.. Goddard and administered to him the oath
himself 1t was sworn to before Mayor Magruder.
He then ind cts letter to the President. Now,
gentlemen You will perceive that good deal of
time must have elapsed. He had to go first to the
scene OF disturbance, thence to the Navy Depart
ment, thence to the Executive mansion; he had to
have his conversation with the Secretary Of the
Navy, and his conversation with the Presd INT Of
the United States and they had to have their con.
sulta,ion. 1t had to be detern red up what
authority an order should be granted; and when
all these things had been discussed, understood,
and decided, the Mayor came back to his Office
here at the City Hall. ! suppose he had Mr.. God.
dard always at hand-his affidavit manor else
he would have to hunt him up. ! do not know
how that was. But the affidavit had TO be written
and sworn to, and long epistle to the President
had to be written and copied. Time was taken TO
do all these things; how much time could not ex-
actly be ascer tain d. because his Honor ruled out
the testmony VIII oh we thought would tend to tix
the time. | have to argue, then, from circum-
Al, -, -
circumstances enough 10 show you that the time
was considerable, not less than two hours | be-
Ieve the order was got to the Navy.yard ut half
past twelve o'clock. An hour and a half or two
hours were consumed. Mr.. Lenox could have en-
lightened US upon this subject so that we should
not have been left TO speculate upon it. An hour
and half or two hours, then, were consumed be-
fore the order for the Marines was obtained.
Now, II the polls were not closed in the morn
ing AMI the contrary is IN proof, were they closed
when lie wrote his letter to the President, and
Goddard swore to his Affidavit Was rioting going
on then? Will the District Attorney argue that
rioting was going on thenS Is it TO protect these
parties from the visitation Of the consequences Of
this act that the zeal of my friend, the District
Attorney, was SO much excited that he attempted
to show, that it was going on when the voting
was.proceeding at the rate of more than man to
a minute.
say again If human testimony is TO be re.
spectcd; il il can prove anything, and establish
any fact, the testimony in this case has established
that when this affidavit was sworn to, and this
communication 10 the President was written, much
more when they were delivered, that there was
no such state Of things as they set forth, prevail.
ing at all. A jury of Democrats Of the rankest
kind would be obliged to iud that fact.
There was no rioting then, but men were voting
at that precinct, and their votes we're being re-
ceiyed at the rate Of more than a man 10 a min
ute. Yet the affidavit was sent to the Executive
Department, and the communication was delivered
to the President of the United ates by the hands
of this city officer. His Honor has decided, aud
we accept the decision, as the law Of this case,
that that affidavit and that written request just-
fed the President in point of law, land that is all
that his Honor could decided in ordering out the
marines PROFESSIONALLY, the President was i'm.
posed upon and deceived. II he had known the
true state Of things, surely he would not have
given the order; and IL he had known the true
state Of things, his Honor would not have decided
that he had the lawful authority; but in the opn.
ion Of the court, he is protected from the legal
responsibility, by the fact that he was not bound
to investigate the truth Of this matter personally
and had right to act upon the testimony beio e
him. | am not here to question the correctness
of that decision butt must be permitted to say see
log hat the riot was alleged to be almost at his own
do In the city, where he had his Marshall nj