Weekly American. [volume] (Washington, D.C.) 1858-1858, 1858-02-27

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 indicts letter to the President Now
gentlemen, you will perceive that good deal Of
time must have elapsed. He had to 90 first 70 the
scene OF disturbance, thence 10 the Navy Depart
ment, thence 10 the Executive mansion; he had to
have his conversation with the Secretary Of the
Navy, and his conversation with the President of
the United States, and they had to have their con-
sIltaton. IL had to be determined upon 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 Hail. | suppose he had Mr.. God
dard always at hand--hs affidavit manor else
he would have 10 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
bad to be written aud copied. Time was taken to
do all these things; how much time could not ex-
actly be ascertaned, because his Honor ruled out
the testimony which we thought would tend TO fix
| the time. have TO argue, then, from circun-
stances to get at the time and think Ihave fixed
circumstances enough to show you that the time
was considerable, not less than two hours. ! be-
eve the order was got to the Navy-yard at half
| past twelve o'clock. An hour and a half or two
| hours we're consumed. Mr. Lenox could have en-
| ghtened US upon tits 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, il the polls were not closed In the morn
ing, and the contrary is in proof were they closed
when be wrote his letter TO the President, and
Goddard swore to his affidavit? Was riotng going
| on then? Will the District Attorney argue that
rioting was going on then? Is 1t 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; If it can prove anything, and establish
any fact, the testimony in this has established
that when this affidavit was sworn to, and this
communication to the President was written, much
more when they were delivered, that there was
no such state of things they set forth, prevail
ing at all. A jury OF Democrats of the rankest
kind would be obliged to find that fact.
There was no rotng then, but men were voting
at that precinct, and their votes were being re-
ceived at the rate of more than man to 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, and
we accept the decision, rs the law of this case
that that affidavit and that written request just-
fled the President, in point of law land that is all
that his Honor could decide,) in ordering out the
marines. PROFESSIONALLY, the President was i'm
posed upon and deceived. IF he had known the
true state of things, surely he would not have
given the o der; aud ii he had known the true
state of things, his Honor would not have decided
that he had the lawful authority; but in the opR-
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 before
him. am not here to question the correctness
of that decision but must be permitted TO say sec
ing that the riot alleged to be almost at his own
door in the city, where he had his Marshall at
hand-seeing the time that elapsed between the
original application and the period ut which the
order was consummated, in the cxercis. Of a sound
discretion, he or his Secretary might have enquired
into the state of things then existing, or might
have sent for the Marshall, who is properly an
executive officer under his control. None would
doubt the willingness Of the Marshall to obey the
MN from whom he holds his commission. He
might have sent for the Marshall and desired to
know from him il, with his posse he could not put
down this disturbance, which seemed to give the
Mayor so much trouble; but he did not do il. The
court says he was not bound to do il, and, there
FORE there Is no legal complaint against him for not
doing il and yet free citizen of this country
/, like others, may entertain my own opinions, and
regret that il had not occurred to the other
of these Executive Officers TO discharge the sim
Pile duty of making an enquiry to the truth Of
these allegations of riot Certain il is the state
ment was untrue, and there was not man in the
city Of Washington who would not have Informed
him Il was untrue, If called upon. Certainly, his
Marshall would have informed him il was untrue,
if he had been called upon. Something was said
about Young Hickory and Old Hickory-about the
first and the second jackson.
riot far transcending this, occurred here du-
ring Old Hickory's time, and precipitate Mayor
ran TO him TO call out The military. "Where is
the Marshall (" enquired General Jackson. "Go
and tell the Marshall will hold him responsible
for the peace of this city," There spoke o
Hickory, and there spoke man of ability; ex-
perienced 10 war, with the knowledge Of It's hor-
rors who knew what it was TO turn loose upon an
excited, perhaps AN unarmed people, the hirelmg
soldiery with arms in their hands say thus spoke
Old Hickory. Unfortunately thus did not speak
Young Hickory; for had Young Hickory spoken
as Old Hickory did, the slaughter Of your fellow.
citizens would have been avoided; crime would
have been prevented; the blood OF slaughtered
citizens would not have been dripping from the
hands OF the murderers, who have been called to
testify in this case. The PRESIDENT is justified by
the law though in iss ding the order. He can plrid
in his excuse Goddsrd's affidavit and the Mayors
letter That is the decision. But, II he had the
right, upon this representation, TO order out this
military force, and Is not responsible for the inn
position upon him, can the came be said OF the
city officials who p,acticcd the impositioni Did
they practice an imposition You heard Cod
dard's affidavit read. You have heard the Mayors
letter read. do not know that will consume
your time by reading them again, but win site
what you viii verify when this case Is entrusted
10 you, that both the affidavit and the certificate
spoke Of affairs as they were alleged 10 have TX.
isted at the time Of their preparation They both
represent, that Mt the time OF their preparation
the polls Of the FIRST precinct OF the Fourth yard
we're in possession Of rioters; that the conmis-
sioners were driven away from them; that the Law
was defed, and by persons in such strong force,
thai It was impossible for the city authorities TO
quell them. They stated those facts Now, every
man on The jury knows that they are false. do
not care who he is; every man within the sound
OF my voice knows that the statement u false
Now, IL the President aud the Secretary OF The
Navy plead tho imposition as a defence against
their legal responsibility so FAR as they are con-
cerned, can the city officials, who practised the
imposition, escape it, consequences? Ills Honor
says, for example, that the Mayor Of this cny,
who Is peace officer, had the right 10 make the
requisiton on the military arm Of the government,
and to use IL at his discreet D in proper case
that az matter OF course, IL was a discretionary
power; he was The judge Of The occasion to er-
ercise the power or TO refrain from lie 1ercise.
a. rfafr1v the nowar orfatad Ia In h. liz