Weekly American. [volume] (Washington, D.C.) 1858-1858, 1858-01-16
FOURTEEN d A Y.
"WEDNESDAY, August IL, 1857.
SPEECH OF
ROBERT E. SCOTT, ESQ.
IN THE DEFENCE
(coNCLUDED.)

(coNcLupED)
Now, gentlemen, If the Mayor was not right in
using the military TO capture this swivel, he is
sponsible for the manner Ia which he and his Off
Gals performed the service. have shown to you
that that is the law. There is no question about
it. Ifhe had no such right, he was, himself vio-
latng the law, and not keeping it. Then the prin-
ciple is clear that he and his aders 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 Marines was unlawful, then the principle of
the criminal law is clear one. need not stop
to read it; that homicide committed in the exc
cuton of an unlawful act is felony, murder or
mansaughter, 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 of the
case in calling them out if it does not depend
upon that question, it depends upon whether
there was necessity to use them. Could not civil
ians have managed six boys? They stood around;
they did not undertake to exercise authority, but
they took the cannon and turned it round. Sup
pose a dozen, or two, or three, or one hundred
and fourteen civilians without the paraphernalia
of arms had been detailed by the Mayor on the
spur of the occasion, and told to 20 there and
take that piece, and arrest those boys, why could
of this District that he was not there? He knew
of the disturbance.
The DISTRICT ATTORNEY. He was there.
Mr.. SCOTT. Where was bis posse? The law re.
quires that first, the civil power is to be resorted
to, and the military power only in an extreme ne
cessity. If 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 instruc-
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 street. their COM
manding officer had not undertaken to 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. If he had left them ON street, from
which they were marched without orders, ask
what would have been the difficulty? i say moth
ing Of the Mayor. Unfortunately, you seem to
have elected man who does not command the
respect of all your fellow citizens. That, gather
from the evidence. What do you say of the Mar
shallf What would have prevented either Of them
from summoning, and enlisting on the spot
posse of civilians with without arms, who would
have been competent to have arrested those boys
and taken their swivelp Is there any man in the
hearing of my voice, who does not know that that
could have been donef Men do not shrink from
the performance Of duty because danger lies
in the path. Danger would be their attraction.
Am to 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 willing to assume the duty
OF taking that swivel, and arresting those boysr
Why, my friend the District Attorney, with his
clarion voice, could have commanded more than
sufficient number. There was nothing but
foregone determination; nothing but what am
bound 10 charge as a malicious determination, on
tne p--t Qf this official that ever led TO the use
" r that Tha uba
proves the mahce-,so preparasfou s1ra-
vit-the application 70 the Presdent-the hot
haste with which the military were resorted to-
the blind refusal 70 take any steps to prevent
breach OF the Pcsce. Why we're not those Plugsn
arrested before or after the disturbance Why
were they not followed and captured by the policeY
The explanation Is, no such attempt was made
because II was the foregone determination of this
officer to make an opportunity TO call upon the
military OF the United States, TO parade Il under
ms command. Certain II Is, there was no neces-
atty for them. Suppose there was not Then
the law, the uncontroverted law lie, that every
homicide committed In consequence of IL, is felo-
NOUS, and they are guilty OF felony who are aid.
crs and abettors, and accessories-those who we're
accessories after the fact equally with those who
were engaged in the perprctraton of it. But sup
pose you think the military ought TO have been
used 10 capture the piece, what justi6es those
who stood In the line In firing upon Allston's cor.
Suppose Il did, They say stones were thrown,
not from the crowd, but thrown from out in the
street suppose II was true; suppose that parties,
a. slated BY the fugitive Birkhead, came into the
street and fred and threw stones would Il excuse
the marines In numbering themf Why, IL cast
stone styou from the distance at which were
these people, and bit you or not, and you sbot me
down with musket IL i felony In every Land
where Christianity and law prevail. You have
the right 70 take the Life of another In case of
necessity 10 save your own life from destruction,
or your person from grievous bodily harm but
q stone thrown from the hand of a boy at a party
of marines, could neither endanger their life nor
cause them great bodily harm Il, therefore, could
not justify, IL could not excuse the homicide COM
mitted. A pistol sbot fred without effect would
not justify the party, at whom Il was aimed, in
shooting down the assailant In his retreat If he
did It the law condemns IL as felony; there Is no
escape from It. and warn my friend, the District
Attorney, TO guard a. to how he touches this
branch Of the case. Justice may not sleep In this
city forever The blood of these slaughtered men
may not appeal In vain for all time TO come, and
his efficient services may be required
think, must agree, that they ought 10 be required
In proper judicial investigation of this affair.
But u the Marines were justified in shooting
down the fellow who fred the pistol and cast the
stone, did give them the authority TO shoot down
innocent people, and plunge their FIRE into the
crowd at Anstons cornerf Take IL, that they
were defending themselves. You must 90 defend
Yourself as not to commit an aggression upon
another, or you are responsible for IL IL aiming
at one man In crowd, without regard to the ef-
feet Of the shot on innocent people you kin another
the law holds you responsible for IL So, look at
this question as you win, II the Mayor was not
justified In calling on the military, all are murderers,
from the Mayor, down 70 the lowest Marine that
was used that day. II he gave them the authority
TO ERE into AIlstons corner, he and all those who
fired are responsible for the murder. II he gave
no such order, those who did fire are responsible
they fred upon the mistaken idea that tn,
wounded Marine was shot In their rank, the mis-
take is no plea or excuse Il is murder, unadul
tersted murder. They cannot plead their mstak