The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-07-16

MAYoR-Yes.
REroHrEs-How, then, could a Riot act be read If
MAYoR-Weli no such oct does exist The law
relating TO riots was rea1 AZ tiat ume, out IL was
danger OF being shot down they DID not disperse.
Y0u must bear IN mind another distinction with re.
gard TO the reading Of the Riot act. In England,
where such custom Is In vogue. this distinction Is
usually made:-When the riotous assemblage is con-
fined to one place The Riot act Is usually read aloud.
that the people can hear IL. When the mob is not
confined to one place, but PUSHES from one street to
another then before the soldiers fire halt IL made.
The Riot act is only
SUPPOSED TO DE READ
for the people by "nctlO urIs,n after which the
military officers are at liberty to give the order to
fire. No one hears the act read and yet the condi-
REpoRrEg-Well, sir; has 1t not been the invaria
bic custom during al riots Ia this city and through
out the country 70 give the people warning before
a gun loaded with ball Is ilredy
MAYoR-Varled with circumstances.
REPoRTER-lias II not also been the invariao!e
voliey with blank cartridge, so as that the people
would have full warning OF the Imminent danger a
remaining IN the streets any longerY It Is certain
first volley on Wednesday were under the impress
sion that blank cartridge was being fired and they
cndeavorel 10 hurry out OF harm's way
MAYoR-Well such has been the general custom,
and yet there are great many who DO not believe
III iaarieyinY with mob AZ all.
tEpoRTEl,-rhcn, Mr. Mayor, you do not acquit
the military on wednesday for firing hastily anu
without proper jud snent. Ii tins be so, whom do
you hold accountable
MAYoR-It IS not for me to say whether they fired
hastily or nor or who are responsible. have great
confidence in General SlaerS correctness OF original
instructions ana in General Varian, Colonel Clarke
and tile others. believe the men were aggravated.
Thcy saw Page fail and others In their ranks, and
probably got eXclted. don't wish TO be quoted on
the subject as expressing positive opinion as TO
military are called out 1t Is very hard TO draw
THE LINE OF DEMARKATION
rs to what exactly they must do and where they
must STOP with regard to my policy about this
matte, have always held the same opinion. MY
conduct with regard TO the order Of superlntendent
KnlN, fhat no IrpI oman
This morning found a letter Of mine IL. TO
in which the same policy is recommended.
Thought had lost that letter. and an delighted
serves that have always held In these cases that 1t
was better to remove the cause or the disturbance
stract principle. My own experience has always
been mat the evil resulting from the latter course
always more than connterDaances the good result
ing from q strict assertion or rights.
ENTHUSIASTICALLY, then Mr.. Mayor, do you think
that the members OF the National Guard gave way
m0DY was with the soldiers, and heard no orders
given to fire.
not wish to he quoted as expressing any opinion on
the conduct Of the military. All / say Is that when
men are aggravated by seeng their comrades falling
Will be the result. DO not acquit OF hold any one
responsible. public investigation by Grand Jury
would show who, II any, are to be held responsible
The letter which the Mayor aludes TO was sent TO
the late superintendent Jourdan when the Orange.
men last year gave 1t out that they intended to
parade. When Jourdan received it he sent for one
OF the leaders of the Orangemen and showed him
the letter. He. it is said consulted his comrades
and decided no; to parade II the Mayor objected.
The following Is the letter.
MAYORS OFFICE, August 4, 1870
TO THE SUPERINTENDENT OF PoLICE;.7
The Mayor has been made Irresponsible lin the Ian
gua2c Of section ~ OF the Cnnter for the good order
Of the cly.' State statutes as well as general poty
OF paramount Importance Because believe the
security Of the city IL ABOUT to be imperled and that
urgent prevention Is advisable address yOn.
not occurred IN an upper precinct Of the
city OH the 18th OF July, when l am glad to
remember was promptly quellcd ny you aud your
forces Immediately affc9 you obtained advice5
about the distur baTlce. The primary ana pr0ximae
OF the Disturbance that resulted In loss OF lie
was u procession III which were carried banners
with Inscriptions irritating to certain OF the citizens,
and which seemingly were uncalled Tor by any con-
sIderalion appertaining to American pleasureseek-
ing, beEevoicnce politics. There were also music
and shouting
TENDING TO PROVOKE UNGRAcIoUs CONDUCT.
! have received general Information that very
il Is possible repetition OF such procession
WIN be had. One OF the morning NEWSPAPERS Claim
ing 10 be an organ OF the body OF men from which
the procession recrsted> contains these editorial
paragraphs ~
the strees Tomorrow We presume that they WIN march
thai offensive the riot Of July r.
in their banners and their music IS one that may
bu, there nothing unlawful In of the deonstra
It's features may be to excaoe individuals OF different
W, Ms S is not seSea that
effectively defended.-Th Saa Au5~t T.
Should there be repetition OF the procession or
the 18th of July or any thing IKE it the matter pre-.
SCENTS 10 the authorizes grave considerations. In
the first place, IL is The undouoed right OF bodies Of
men, small or large, peaccably to assemble and
peaceaby to march In procession IN furtherance OF
ENTERPRISES BENEVOLENT, RELIGIOUS OR 70
L1TICAI.
But in my Judgment, the right becomes limited
when there exist valid reasons 10 believe That the
intentions OF the professions are not wholly pacific,
or that their route of march method OF accessory
procedure Is calculated to provoke breach OF the
peace. local statute OF the State, applicable to
this city, makes 1t grave mlsdemeanor for any
person to use threatening or abusive LANGUAGE or
gesture In the public streets. II number OF citi-
Zens should desire to celebrate the annive rsary
OF the inventor OF ntrO.glycerine ana should
propose parade through the streets with packages
in the otner would clearly become the right OF the
authorities to prevent such display. II, on the
Great Britain should be had with banners music
and cries to celebrate the original occupation OF
New York city by Sir Henry Clinton, think such
right OF prevention would also exist. l should IN.
cline to claim similar right should extreme Union
lists at the South parade the streets OF Southern
city with obsoete or haunting banners or cries,
although they were all OF a Union nature. l would
deny the right OF extreme sympathlzers with the
Southern side OF the late war TO parale through
Northern street, with Inscriptions, cries and music.
provoking retaliation from men TO whom the sight
sary PROFESSIONS or necessary professions attended
by unnecessary circumstances. II Is always
OF DOUBTFUL POLICY TO PERMIT
Under these considerations ! deem 1t my duty to
take this occasion communicate With you, and TO
take the responsibility disagrceable as 1t may be.
of asking you TO consult VIVA the Board OF Police
upon the Recommendation which now maKe-
That If any procession, sooner or later, or at any
time, undertakes to walk through the streets OF New
YORK. with banners, music, or cries which are I'M.
questionaby calculated TO provoke breacn OF The
public peace. you deny to the processionists the
claim so TO march: ald that you arrest, under the
special statute, all persons, whether in or out OF
such procession, who, by cries favorable to the ideas
OF sucn procession or hostile them, violate Its
letter and spirit. While, at the same time, II any
procession Is utterly devoid OF unnecessary objects
or accessories, and peaCcabe IN demeanor, gesture
ana words, IL should, on the other hand, receive
police protection IN every laudabe benevolent, re-
gous, political, scientific or artistic celebration.
A. Oakley HALL, Mayor.