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deserved graves ? Perhaps he thinks the good men
had no business there, and that they should have
gone home, as he did, leaving the regular authorities,
and the rioters, and Mr. Garrison, to settle it among
themselves as best they might.
As to calling out the militia, and getting the ten
men shot out of hand, the Mayor had no more
authority to do it than had Mr. Phillips himself.
The legal process by which the militia could be got
on the ground would have taken all night for its
execution.
It may be profitable
here to examine the law in
regard to the conduct of the military in quelling
disturbances.
(1.) By what process could a Mayor
militia to suppress a mob ?
call out the
Mayors of cities had no statute authority, under
the laws of the Commonwealth, to issue orders
directly to the militia, until the year 1840. (Ch. 92,
sec. 27.)
Previous to that time, judges of certain courts,
and the sheriff of any county, within his precinct,
could issue warrants to the military officer com
manding the battalion or company
nearest the
scene of disturbance, to quell the riot. (Rev. Stat.
12, 134. But the Act of 1840 added, in explicit
the Mayor of any city."
terms,
"
By the constitution of Massachusetts (1780, ch.
2, sec. 1, art.
7), the militia were placed entirely
in the control of the Governor as commander-inchief,
and this would effectually cut off any commonlaw
duties of mayors under the English system.