Weekly American. [volume] (Washington, D.C.) 1858-1858, 1858-03-13
FOURTEEN NTH D "A Y.
WEDxE DAY, August u, 1857.
SPEECH OF 'tA A.
R @ B L R I E. SCOTT, ESQ.
Nv THE DEFTyCE
[FRoM sUTToN's REPoRT.]
M TIE OFFENCE.

[FR0M SUTT0N'5 REPORT
1--WE have so many calls for SCOTS speech that
we have concluded to repubsh il in small portions.
Ii is the most important document that we can place
in the hands Of our readers al the present time IL
shows up modern Democracy to the life, proving,
that to obtain the "spoils they will shed innocent
blood -brutally shoot down, in the public streets,
their felow-citizens they dare to say they
are, and dare to act like. americans.
(coxcLuDEp.)
Now, gentlemen, il the Mayor was not right in
using the military to capture this swivel he is re-
sponsble for the manner ia which he and his Off
cials performed the service. / have shown toyou
that that is the law. The is no question about
it. he had no such right, he was, himself, VIC
lating the law, and not keeping it. Then the prin-
ciple is clear that he and his aiders and abetters,
and instruments are all guilty of murder, and la
BILE to be indicted, tried and hung for it. under the
law. Perhaps they are in no danger under the
administration Of the law here. If | say the use
of the Ma vas unlawful, then the principle Of
the erin is clear one. need not stop
to read % a homicide committed in the exec
cution of an unlawful act is felony, murder or
manslaughier as the case may be, but it is
felony. Now, whether he had the right to use
the Marines, depends upon the question whether
he was justified under the circumstances ct tho
Case in calling them out; or if does not depend
upon that question, it depends upon whether
there was necessity to use them Could not civil
fans have managed six boys? They stood round;
they did not undertake TO exercise authority, but
they took the cannon and turned it round. Sup
pose dozen, or two, or three, or one hundred
and fourteen civilians without the paraphernaia
OF arms had been detailed by the Mayor on The
spur of the occasion, and tod 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 theres He knew
of the di tnrbance.
!. The DISTRICT ATTORNEY. He was there.
T. Mr.. SCOTT. Where was his posseS The law re-
quires that first, the civil power is to be resorted
TO, and the military power only in an extreme me-
cessity. II 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 nstruc-
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 l street, their conf
mandng officer had not undertaken 10 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 II 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 Jour fellow citizens. That, gather
from the evidesce. What do you say OF the Mar
shallf What would have prevented either o. 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 70 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 wiling TO assume the duty
OF taking that swivel, aud arrestiDg those boys?
Why, my friend the District Attorney, with his
clarion voice, could have commanded more than
a sufficient number There was nothing but
foregone determination; nothing but what am
Z bound TO charge q 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 anila-
vt-the application to the Prcsident--the hot
haste with which the military were resorted to-
the blind refusal 10 take any steps TO prevent
breach Of tbcpeac Why we're not those "Plugs"
arrested before or after the disturbance? Why
were they not followed and captured by the poIicey
The explanation is, no such attempt was made,
because II was the foregone determination OF this
officer TO make an opportunity TO call upon tue
military OF the United States, to parade IL under
his command Certain il Ia, there was no neces-
sity for them. Suppose there was not. Then
the law, The unconroyerted law IL, that every
homicide committed in consequence of IL is felo-
NOUS, and they are gully OF felony who are aid
ers and abettofs, and accessories--those who were
accessories after the fact equally with those who
were engaged IN the perpretration Of g. Bot sup
pose yoa think the military ought 70 have been
used 70 capture the piece what justfes thosc
who stood il the line IN firing upon AIlstons cor
ners They say pistol shot came from there?
Suppose it didf They say stones were thrown,
not from the crowd, but thrown from out in the
street; suppose is was tfile; suppose that parties
as stated BY she fugitive Bsrkhead, came Into the
street and fred and threw stones, would IL excuse
the marines IN numbering thema Why, IL cast
stone styou from the distance at which were
these people, and iit you or not, and you sbot me
down with nusket, Il Is felony in every land
where Christianity and law prsvaL You have
the tight 10 take the life Of another IN en- g Of
Necessity 10 save your own NE from destruction,
or your person from gfievous bodily harm !; but
sstone thrown from the hand Of a boy at party
OF marines, could neither endanger their life nor
cruise them great bodily BARN; il, therefore, could
not Justify II could not excuse the homicide com
tmittsd. A pistol shot fred without effect, would
not justify the party, 40 whom 10 was aimed, IN
shooting down the assailant In his retreat. If he
did the law condemns il as felony there Il no
escspe from ~ and warn my friend, the District
Attorney 20 guard as 70 how he touches this
branch Of the csse. Justice may not sleep ia tfis
city fdrever The blood Of these slaughtered men
may not appeal 10, vain for all time 10 come. ard
bis escisnt ssrvioss may be required- body
Ithink, must agree that they ought to be required
IN proper judicial investigation Of this sff.ir.
fBat f M Mkd1es were Justified IN shooting
down the fellow Who fred Che pistol and cast the
stone, did It give them the authority to shoot down
inncceIit people, and plunge their fire Into the
crowd al AIlston's corner3 Take ID that they
were defending themselves Ton must 90 defend
yourself, - not to eou1mit sa sggression upon
another, Or you are Responsible for e H aiming
a. one man 10 a crowd, witiscut regard 20 the ef
festof he shot cninnocent people y6ukls nothcr,
the law hs1ds you responsible for IL 80, look at
this question as you WIN, II the Mayor was NOT
justified 70 calling on the military, alIaremurderers,
from the Mayor, down 70 Che lowest Marine that