Untitled

More documents

Recommendations

Info

56 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.
57 Moreover, the Acts of 1787, cli. 59, point out the manner in which the Mayor shall act in case the militia are needed, viz. he shall notify the Governor as commander-in-chief that the militia are wanted, and here his power ends.* One or two English cases are, however, instructive on this point, viz. Rex v. Pinney, 5 Carrington and Paine s Reports, 254. Here the judge said, part of the duty of a magistrate to go " It is no out and head the constables, neither is it any part of his duty to marshal and arrange them; if he gives the military orders to act, it is all that the law requires of him." This was an information against the Mayor of Bristol for alleged negligence in quelling a riot, and seems conclusive as to the point that in England much discretionary power is given to the military. * The following is the language of the Acts of 1787, ch. 59, relative to more speedy and effectual suppression of Tumults, &c., &c. " SEC. 2. Be it enacted, &c., That if in the opinion of the sheriff, or any two of the justices either of the Supreme Judicial Court, or of the Court of Common Pleas in any of the Counties of this Commonwealth, it shall be necessary for the suppression of any insurrection existing or appre hended, as aforesaid, in said County, that a force shall be instantly raised and called forth for that purpose ; and if, by reason of distance, the necessary aid cannot be obtained by order of the commander-in-chief, it shall be the duty of such sheriff or justices to certify the same under his or their hand to the major-general or commanding officer of the division, wherein such county lies, or the commanding officer of some regiment or corps in the vicinity, and to request him or them to detach the whole or such number of the militia under the command of such officer for the support of the civil authority, as the said justices or sheriff may think necessary to defeat the purposes of such insurgents, and to apprehend and safely keep them for trial, and, as soon as may be, to give notice of such application to the commander-in-chief, that he may take the neces sary orders thereon, and it shall be the duty of such major-general or commanding officer to detach such number of the militia, as shall be re quested as aforesaid, armed and equipped according to law ; the militia so
Page 2:
THE LIBRARY OF THE UNIVERSITY OF CA
Page 8 and 9:
LOAN STACK UNIVERSITY PRESS : WELCH
Page 10 and 11:
present, and consequently no unusua
Page 12 and 13: No. II. THE GARRISON MOB. To THE ED
Page 14 and 15: 8 things up to show the world that
Page 16 and 17: 10 No. IY. THE MOB OF 1835. To THE
Page 18 and 19: 12 Mr. Williams asked permission to
Page 20 and 21: 14 feet the present discussion, are
Page 22 and 23: 16 men of the Methodist connection,
Page 24 and 25: 18 stairs to the street door, and a
Page 26 and 27: 20 the windows of the building, and
Page 28 and 29: 22 " men who held him, Take hi
Page 30 and 31: 24 house and the Liberator office.
Page 32 and 33: 26 ists from holding public meeting
Page 34 and 35: 28 from the Mayor s conduct during
Page 36 and 37: 30 have been dictated by an anxious
Page 38 and 39: 32 fact, you will not be so rude or
Page 40 and 41: 34 maintained their ground unshrink
Page 42 and 43: 36 into the chamber, who seized Mr.
Page 44 and 45: 38 ever, vigorously repulsed by the
Page 46 and 47: 40 These few recollections have bee
Page 48 and 49: 42 spoke to as if he knew them, &qu
Page 50 and 51: 44 when parties began to gather in
Page 52 and 53: 46 finding the letter which I addre
Page 54 and 55: 48 sign thrown down. Those who reme
Page 56 and 57: 50 est mistake to think it was not
Page 58 and 59: 52 the mob, and should have shot te
Page 60 and 61: 54 as he would have been had it not
Page 64 and 65: 58 To sum up the first proposition
Page 66 and 67: 60 According to the authorities on
Page 68 and 69: 62 of Mayor Lyman s conduct,"
Page 70 and 71: 64 was his due. Hence his outcry ab
Page 72 and 73: 66 effect. I ought, however, to add
Page 74 and 75: 68 at their office, and obtained an
Page 76 and 77: 70 wonted caution is to be observed
Page 78 and 79: 72 ought to be done, in the most vi
Page 86: 14 DAY USE RETURN TO DESK FROM WHIC
show all

Untitled

Create successful ePaper yourself

Delete template?

Save as template?