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t WEEKLY AMERICAN. THE TK1AL or TUB WASHINGTON ELECTION RIOTERS. [from sutton's report ] . criminal court for the county of y/ WASHINGTON. judge crawford, y Prouding. philip harton key, esq., u. s. d. a. COUNSEL FOR the defence. Jorkph H. Bradley, Sr., Esq. Rohrrt a. Scott, Esq. Vihpakian Ki.ua, Esy. John A. Linton, Esq. w.i...w .1 u.?? Ran Joskph II. Bradlrt, Jr., Esq. 1'anikl ratclirk*, Esq. Kowamo C. Carrinotom, Esq. FOURTEENTH DAY. Wiunrm)AT, August 12, 1867. SPEECH OF ROBERT E. SCOTT, E-o. IN THE DEFENCE. Mr. SCOTT. My associates tell roe that the number of votes exceeds the number of minutes in that duration of time, and among thetn, the gentleman concedes, are to be found many names peouliur to other lands, indicating that the voters were from .foreign' parts, and yet my learned friend, with that poll book in his hand, pregnant with this truth, gets up and argues to this jury that the poll book shows that that rioting continued from morning till noon, and that, during the whole day, the Plug Uglies had possession of the polls. I beg my friend to remember that he is conducting a criminal prosecution, where justice and fair play, if not liberality, are exexpected lie says, that he comes to his conclusion because he understood it was proved that more than a hundred Irishmen weie driven from the polls in the morning, and ho does not see a , hundred Irish voie* on that poll afterwards. Now, j ! t u- test the gentleman's logic. The Irish were frightened and driven away ; the poll book i-hows that onlv a part of them returned; a part k pt awuv, and therefore, yes, therefore, the gentleman argues became this party kept away the riot continued. Now, air, I think this is a most extraordinary no urge of reasoning. It might be that the riot e m nated, and that those parties acting u; on their apprehension did not to choose return They were afraid, and did not choose to expose themselves to the chance of danger afterwards. Order was restored, the peace was kept, quiet prevailed, and , they could have voted in security, if they had de- j sired to do to, but their fears kept th m away, ' and for that reason, their names do not appear on the poll book. Is it cvideuce of a continuation ol this not that their names are not there? 1 say, surely ray friend on the other side must have forgotten that he is prosecuting these pai ties crimi nally, or he would not have indulged in an argument so strange as this, and so false in its conclusions. He said Mr. Donn proved that there were dis urbances f oin time to time during that day. Suppose there were?sporadic cases?but does it prove that there was an epidemic. Concede that there was an affray in the morning ; does every disturbance during the day make the continuation of a riot? It strikes me as a little absurd. But be says?justice-policeman Donn said he saw many cases of Iiiahmen driven away. Now, Mr. Donn was not the only person at the polls. He was not the only one who had eyes to fee, and ears to ear. The comnrssioneis were there, and we examined them. Other persons were there, and wo have examined many of thein, and save the single case of one Irishman who attempted to vote on false > papers, during the entire period which elapsed from the morning affiay until the appearance of the Marines, there was not, about that precinct, one case of disturbance st the polls. We disprove the testimony of Donn, by bystanders. We disprove it by the testimony of the commissioners, and much as the United States may choose to denou ice and condemn them for their act in closing the polls, about which I shall presently have to say something, he has not undertaken to assail their character for truth and veracity. Two of them were of the American party; the other was an Englishman, and I believe it ia not usual for the commissioners to belong to tbe same party. Of that, tbe jury areable to judge. But whether they be Englishmen or Americans, native or democrat, we have the concurrent testimony of the three , commissioners to contradict Doun. It is not true that those disturbances continued all day. If they did continue in the manner described by Donn, they do not constitute a continuous rioting. I must confess I was not prepossessed with the manner of that witness in giving his testimony. He looked to me as if be once belonged to tbe KnowNothings. His was the seal and acting of a now recruit. Take his conduct as detailed by himself. One renegade is wo'se than ten Turks. There was no connection, gentlemen of the jury, between thoae two cases. I have the authority, and it is pretty strong authority, of the court, on which I will comment when I come to his Honor's decision on the instructions. But if there were a connection, on we be convicted of a riot; and that brings up the more immediate subject of the bloody ti agedy on the 1st of June. It becomes my duty as counsel for tbe accused, to examine into the origin of that disturbance, as I attempted to examine into the morning affray, trace it from its oriuin, and point out the parties that are responsible for it. This I mean to do without fear, or any expectation of favor. Between nine and ten o'clock of the morning of the first of June, this sffray occurred at the flr?t nr#?rinr*t. nf th* Fourth Wirfi in thn mntinpr that I have explained. Information of it war carried to the Mayor of your city. After Rome delay, the Mayor, in an open barouche, accompanied by Mills, the captain of the Auxiliary Guard, and by Goddard, the witneas who ha* already figured in the caae, drives to tbo scene of the disturbance. He does not descend from the barouche, nor does Goddard. Acoording to his own account, he spoke to Mr. Wheeler, the father of the Tsx Collector. He spoke to no one else ; he commands no peace; ha cautions no disturber of the peace; he sets up no authority; but sila quietly and peaceably in his barouche, where he is left undisturbed with his associates. The Commissioners made no complaint to him; he made no enquiry of them ; but he puts out the Captain a of the Auxiliary Guard, and in company with Goddard drives off to the Navy Department. The Captain of the Auxiliary Guard, I say, war left upon tfaa ground, but we do not hear that he was called upon to quell any riot, or that any disturbance occurred. No, and tbey have not dared to put that man on the stand. If there was a riot or a disturbance there, Captain Mills must have seen it. He was a city officer, brought theje by the Mayor, left there by tbo Mayor, obliged to see a disturbance, if disturbance there wm, and this prosecution baa not ventured to call him to the stand. Now, gentlemen, what was the condition of things about these polls at the time of the Mayor's advent. Was there rioting there? If there was, he ought to have commanded peace. Were there disturbers of the peace there? If there were, he ought to have had them arrested, V or to make the attempt, st any rate?certainly to have given a caution and to have commanded peace; but he did none of these things, and for . the best of all reasons, at the proof shows there was no disturbance of the peace. He says that the voting had not been resumed. Now, I do not B mean to charge that your Mayor swore falsely; I but I do mean to say, if we are to respect human I testimony upon a contested matter of fact, it is I proved in this ease that whilst the Mayor was I sitting in his barouohe, the polls were open and I the voting going on. The name of the witness to that fact is legion, and if human testimony can I establish a disputed fact, the testimony in this I case does show, that at the tiro- ' he Mayor's I visit to that place the polls were o^en, the voting I ft"'"' It there was no riot and no disturbance I of the peace. There has not been one witness, I though a drag-net has been cast over this city, who I hea been found to t;stify, that nhilst the Mayor v* wan prt-a 'lit, there wu any disturbance or breach f the peace, aave only the Mayor himself. The Mayor, it will be louietubend never di? sceuded funo hishaiouche; but if a party waa violating the p< ac -, why were not the police in the execution of the r duty ; wl J was not a warning - poken ; why w?a not the pi ace proclaimed t It is vain and idle, it aceiua to uie, to pretend that an intelligent tribunal, in the face of this mountain of proof, these facta piled up iu th:a < am, can believe the Mayoi'a statement. True or false, that was just after the morniug shindy. It is proved that the I a timoreans had left the giound. 1 b. lieve they were needed for a riot at that time in the Seventh Ward, for the l.l-trict Attorney ha* some other indictments on his docket. I suppose whin they coiue to be tried, my friend will prove that these visitors from Baltic or i were rioting ut the Second Ward : whilst hiri he is attempting to prove they were rioting at the Fourth Ward; and whatever he may attempt, God knows he can get witimsscs here to prove anything. But, 1 repeat, that for the purposes of tills case, for its fair consideration mid its just decision, we I ave esub lished what was the conditio i of things when the Mayor came to the polls: the " Plugs" were absent Nay, the Mayer proves it hiinsclfj because ho said, as lie drove up the avenue iu the exercise of his dutv, which requiied him to look to the condition of the city, all the time streaking it to the Navy Department, he met a party of rowdies who hurraed oil their way to the other polls. Now, I apprehend they were the ' Plugs:" so that the Mayor himself discloses that important luct, though lie does not say that thev were. According to every probabi! ty, the parly engaged iu the morning shindy had left the ground, and that is in accordance with all the testimony. He had no reason tor Ids excursion, but he drove up tlie city on official business. " Wliut did you go for?" " On official business." " To see what was tho condition of the highways of the city, and to visit the western part of the city on official business." Now we know what his otliciul business was us well as he did himself. We all knew he was miming to the Navy Department to have the Maiines called out. Wa there a reason for it; t as there u cause for it?a ria-on sanctioned by law, or u ciuee thit the law respects? The inilitaiy may be called out, but it inuat be in extreme rases. That is the luw of Engl md, where military l?w prevails to a greater extent than I hope to see it prevail here. To quell riots, to quiet affrays, to disperse utilawfil assemblages, and to keep the peace, is the appropriate duty of the civil authorby. in'England it is so. You have heard the law us it hus b en expounded, gentlemen, already >y the learned judges oI England, in some of the eases quoted in the arguments on the law points. In this country it is so. These duties pertain to the civil uutli r.tics. The military may be culled on in England lawfully where there is just cause ; it may be c tiled on here lawfully where there is cause for it; but it can only be legitimately used when t e civil authority is overpowered, or is unable from weakness, to quell the disturbance. That i und -island to be our law as well as the law of England. I in d rstand it to be the law luid down in the instructions, as explu ncd by his Honor, to which I will call your attention hereafter. Now, was there cause for it in this case? What whs the pretext? V\ hut war the condition of things at the polls of the first precint (if theEourth Ward ? What w.is the condiii in ol things appearing there on tl e Mayor's visit? Gentlemen, need [ argue 'his question to you? Is it net almost in insult to your understanding to aigue the tucsiion to \ou, to tell you that theie is no pr. of that ther; ? a- such a distuibai.ee or breach of ihe pence ir riot at the tin-t precinct of the Fourth Wwrd when the Mayor visited it that could not be quelled by the civil auhoriiies? But he made his vieic to the Navy Dop irtinent and thence to the President's mansion : he made bis representations there verbally: lie was required to put them in writing: he came back to his office at the City Hall: he bad an affidavit prepared for Mr. Goddard and administered to him the oath himstlf. It was sworn to before Mayor Magtudtr. Ho then ind eta a letter to the President. Now, gentlemen, you will perceive that a good deal of time must have elapsed. He had to go first to the scene of disturbance, thence to the Navy Department, thence to 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 consuhft'ion. It hid to be dcterniud up n what authorily an order should be gianted; and when all these things had been discussed, understood, and decided, the Mayor came back to his office here at the City Hall. I suppose he had Mr. Goddard always at band?his affidavit man?or else he would have to hunt him up. I do not know how that was. But the affidavit bad to be written and sworn to, and a long epistle to the Prei-iJbnt had to be written and copied. Time was taken to do all these tilings; how much time could not exactly be asccitailed, because his Honor ruled out the tettimony wh'ch we thought would tend to hx the time. 1 have to argue, then, from circumstances to get at the time, and 1 thins I have fued circumstances enough to show you that the time was considerable, not less than two hours. I believe the order was got to the Navy-yard at half past twelve o'clock. An hour and a half or two hours were consumed. Mr. Lenox could have enlightened us upon this subject, so that we should not have been left to speculate upon it. An hour unit a half nr two hours, then wi-re cniiannieit ha. tore the order for the Ma-ines was obtained. Now, if the polls were not closed in the morning, an 1 the contrary is 'n proof, were they closed hen l e wrote his letter to the President, and God lard swore to his affidn v 1? Was rioting going on then? Will the District Attorney argue that rioting was going on then? Is it 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 lie attempted to show, that it was going ou when the voting was-proceediug at the rate of more than a man to u minute. I say again, if human testimony is to be respected ; if it can prove anything, and establish any tart, the testimony in this caaj has established that when this affidavit was sworn to, and this communication to tho 1'ie-idcnt war written, much more when they were delivered, that there was no such state of things as they set forth, prevailing at ail. A jury of Democrats of the rankest kind would be obliged to find that fact. There was no rioting then, but men were voting at that precinct, and their votes were being received at the rate of more than a man to a minute. Yet the affidavit was sent to the Executive Department, and the communication was delivered to the Piesident of the United S atos by the hands of this city officer. Uis Honor has decided, and we accept the decision, as the law of this case, that that affidavit and that written request justified the President, in point of law, (and that is sll that his Hon >r could decide,) in ordering out the marines. Unquestionably, the President was imposed upon and deceived. If he had known the true state of things, surely he would not have given the oider; and if he had known the true state of things, bis Honor would not have d< cided i.... t... i._.4 it... 1...1 t? .u . v..?. .... ..... ..... ...... , ...I, ... ...v Ion of Um conrf, he in prot cteil from the leg.il responsibility, by the ftct that he wan not bound to investigate the truth of this matter personally, and had n right to aet upon the testimony befOe him. I am not here to question the correctness of that docit ion, but I tnust he permitted to sav, seeing thai the ti it was alleged to bealmoat at his own d O" in the city, where he had his Marshall at hand?seeing the time that ?l?p?ed between the original implication and the period at which the o der was consummated, in the exercise of a sound discretion, he or his Sccrt-ur* might have e..quired 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 ob*y the man from whom he holds his commission. He might have sent for the Marshall nnil desired to know fr.nn hint if, with his pomr, he could not put down this disturbance, which seemed to give the Mayor so much trouble; but he did not do it. The court anvs he was not bound to do it, and, therefore, there is no legal complaint against him for not doing it; and yi t, as a fts e t ilixcn of th s country, I, like others, mayentertsi t my own opinions, and regret that it had not occurred to one or the ot her of these Executive Officers to discharge the simple duty of making an enquiry as to the truth of these allegations of s riot. Certain it is the statement was untrue, and there was not a man in the city of Washington who would not have informed him it was nntrue, If called upon. Certainly, his Marahnll would htve infbrmed him it was untrue, if hs had been called upon. Something was said about Young Hickory and Old Hickory?about the first and the second Jackson. A riot far transcending this, occurred here during Old Hickory's tine, and a precipitate Mayor V ???????????? a ran to h'-iu to c ill out the military. "Where ia the Marshall," enuuiied General Jackson. "Go and tell the Maishtl 1 will hold him responsible lor the peace of this city." There spoke O.d Hickory, and there sp >ke a man of ability; experienced in w ir, witn the knowledge of its horrors, who knew what it was to turn ioore upon an excited, perhaps an unarmed people, the hireling so'diery with aims in thoir hands. I Bay thus spoke Old Hickory. Unfortunately, thus did not speak Voung Hickory; lor 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 citisens would not have been dripping from the hands of the muiderers, who have been called to testify in this case. The ('resident is justified by the law, though, in issuing th ordeHe can pi nd in his excuse Goddard's ulHduvit anil the Muyor's letter. That is the decision. But, if he had the riglit, upon this representation, to order out this unlit try force, and is not responsible for the imposition upon him, can the same be said of the city officials who p aeticed the imposition I* Did they practice an imposition? You heard Goddird's affidavit read. You have heard the Mayor's letter read. 1 do not know that I will consume your lime by rending them again, but I will state what you w.ll v. rify when this cise is entrusted to you, tiiat both the affidavit and the certificate -poke of uflairs as they were alleged to have-existed at the time of their preparation. They both represent, that, at the time of their preparation, the polls of the first precinct of the Fourth ward were in possession of rioters; that the comnVs-ioners were diiven away from them; that the law was defied, and by persons in such strong force, that it was impis-ible for the city authorities to q'lell th 'in. They s ated those facts. Now, every man on the jury knows that they are false. I do not care who he is; every inan within the sound of my voice knows that the statement is false. Now, if the Piesident and the Secretary of the Navy can plead the imposition as a defence against their legal re-ponsibility so fir as they are concerned, can the city officials, who practised the imposition, escape its consequences ? His Honor soys, for example, thut the Mayor of this city, who is a peace officer, had tho right to make the requisition on the military arm of the government, and to use it at his discrcti n in a proper case; that as a matter of emme, it was a discretionary power; he was the ju Ige of the occasion ; to exercise the power or to refrain from its exercise. C-itainly, the power existed. It was in the disc etion of tho officer to resort to it or not, and that I understood the learned judge to declare io his instructions; hut it does not follow because this was a discretionary power, thut the Mayor is not responsible for his action. The DISTRICT ATTORNEY. I do not understand the instructions of the court as you do Mr. SCOTT. I cannot sco how they can be understood any other way. Is it to be believed that the Mayor, because lie has the discretion to cnll out the militaiy, is not responsible in law for the exercise of that discretion. That is much beyond what any other judge would go, and much beyond what this judge has gone. The DISTRICT ATTORNEY. I merely interrupted the gentleman, to state the fact in this case. Your Honor has told the jury that wjth the necessity which induced the Mayor to make application for the Marines, this jury has nothing to do, except in one particula'r, and thut is, if they believed that the Marines made an assault upon the rioters; and on that point, I have spoken before. The JUDGE. The terms of the decision on the instructions, are these : " Although the act of the Executive in this case whs authorized by law, and required by duty, and the Mayor was using a discretionary power when he applied fir military aid?the single fact that he, and he alone, and every officer siinilaily situated, must depide when the proper time h>s arrived to make such an application, shows that he applies at his discretion; still the inferior officer must, in the first instance, resort to the civil power, (apd sometimes it may be material to know if he his done so,) but if it be too weak to suppress a riot, or if it will not aid to do so, or if the riot or disturbance be so groat, so violent, so dangerous, tbat it must be apparent that any attempt at quelling it by civil officers would be futile, that such an attempt must be unsuccessful, and would be followed by the scoffing and derieion of those who nttemptedit, and by increased tumult?then I think resort may be had at once to stronger means, without full or further recourse to the civil power. " If you should believe, from the evidence you have heard, that the Murines made the first attack on the alleged rioters, and that, whatever of violent and turbulent conduct and acts proceeded from the defendants, or any of them, or others, connected with them, were resorted to in resistance to such attack, then it will be your duty(in enquiring whether the dt fend ants were guilty of a riot at this particular time, or hour of the day, for you will recollect the alleged rioting in the morning, if you believe the evidence on this branch of (he case, was wholly unconnected with the Marines in any shape, except so lar as it was the ground on which the Marines were brought out,) to ascertain whether any or all of the circumstances before recited existed, io as to authorize or justify the use of force, and ihis, w th a view to the guilt or innocence of the renintant*. But if you rhould believe from the ev;dct cc in the caa: that the Marines, after their arrival at the nnlla, wbpre thev w,>pa ? F J ?Q J 9 out any offensive or violent acton their part, were first assailed in a violent and turbulent manner, to the terror of the people, according to previous concert, whether remote or immediate, by the defendants, or any of them, with or without connection with others not on trial, making not fewor than three assailants, for the purpose of dispersing the Maiincs against all opposition, then the defendants, or so many of them as thus assailed the Marines, would be guilty of a riot." The DISTRICT ATTORNEY. That leaves it open, then. Mr. SCOTT. I could not attribute to this intelligent court the decision that a petty corporalion officer, though he was a peace officer, was not responsible to the law for the manner in which he exercised his power and discharged his duty. Why, I have a discretion how I shall talk to you, gentlemen of the jury, but I must exercise it upon iny own responsibility. If I offend decency, if I offend the law, I may be punished for it The Mayor had the HgHT"to get the military; he had a right to use them against those who were violating the peace. Hut suppose, instead of undertaking to arrest the party who was within his power, he had taken a platoon of marines and fired upon him nnd killed him. Here he was acting under his discretion; but if he killed the man would it not be murder, and would he not be responsible, therefore, in acting according to hia discretion? The books contain a cose in point. Justice Littledale, in summing up a case of this kind?I quote from 6 Harrington and Payne's English reports, in Rex versus i'intiey, p. Sf>I?uses this language: "Now, a person, whether a magistrate or a peace officer, who has the duty of suppressing a riot, is placed in a very difficult situation; for if, by his acts, he causes death, he is liable to be indicted for murder or manslaughter, and if he does not act, he is liable to an indictment on information for neglect; beds therefore bound to hit the precise line of his duty." Tuis decision having been made, Mr Justice J. Purke said, " I do not think it noc? ssary to add | am thing," and Mr. Justice Taunton said, "nor do I." lioth, therefore, concurred in the opinion. It would be preposterous if, when a mayor got his militarv under a Presidential order, ho was not respnnsi >le for the manner in which he used it. Why if I hat were no, he might go on these streets bayoneting and shooting wherever he found a man or an opposing party to him, and he could not be held responsible to the lab for murder. The representation made to the President, I believe, was that not only were there parties rioting, but I believe it was represenloi, also, that iwenty-onc were killed or wounded. Where did he git his infortna'ion of the twenty one? Some two or thrCb were wounded, perhaps. It is an exaggerated statement of what had occurred, and a false statement as to what had not occurred. He, however, got the Mn> inns under that false evidence, and there ia no escape froin It. I aay he got under that false pretext an order for the marching of the marine corpa, who were at your Navy Yard, and not only that, but an order couched in moat extraordinary terms, setting out in what manner this corps should be armed, leaving no diacretion to the experienced officer who had charge of It, commanding them to rake up every man, even to the waiter, the cook, the boot-black, and every menial about the house, in uniform or out of uniform, and commanding that they be marched armed with ball cartridges. With this bloody order In his pocket and these ready tools to execute his behests, this city official marches to the ground. In the ineau time, perfect peace, perfest quiet, perfect order, wag prevailing | here. With a single exception, of au uH'ruy with one Irishman, uninterrupted peace prevailed during the entire period after the morning affair. When the Murines atarted from the b&rra 'kit, a parcel df boys from the Navy Yard followed them with an unloaded swivel. The Marines turned off to report to the Msyor at this place, and the boys got ahead of thein with their piece. On the ground in Seventh street they got powder and material, with which it is proved they charged it. But on getting on the ground they interfered with uo one there; they made no riot; they ca ised no utTray; and. tire voting went on. They took their station along the Market House, aud so little at ouiion did they attract, that I iltink one or more than one witness who passed on the opposite side of the street, came to the place of voting without noticing them. They were under ihe shelter of the Murket House?s parcel of boys with a swivel. My friend, Mr. Key, asked why the Commissioners did not complain of the presence of those bovs. He might have answered his o *n question. If h > hud put 011 a pair of cromatic g'asses, by whicii he could have seen them in a proper light, he could have answered that they did not con plain because the boys did not annoy them; they betook themselves to another place; they assaulted no one; they committ id 110 disui ba ice; the voting went on; ai d tnat is the re so 1 they did not complain. They had no cause to complain. Then the Marines took up their lit e of mareh, and the Mayor conducted them to the corner of Seventh and I streets, where they c were drawn up in line. The Mayor proceeds in n advance oi them to the polls, and he tells us that fj he found the polls closed; that he knocked at the ? ivlmlnui h?t MOutiuS n/i ?...I., II? ...... I ..A a that the Commissioners had absented themselves. ? lie also tel's us that he was received with demon ' and scolling, and his attempts to address the i crowd were unavailing. Well, suppose they detided the Mayor?suppose the persons about t th to scoffed at him?dues that make a riot? ? Suppose George Wilson and William Wilson both ' said that th; Commissioners had closed the polls, ? and that they should not be opened until the <1 military were taken uway, would that make a riot? t They did nothing to resist the Mayor. What they A said was expressive of their own feeling, their f indignant feeling, I think justly indignant feeling, ii at the presence of the military. Did that consti- f tute u riot? Why, the Commissioners were not there to respond to the Mayor. If M'. Key could I' make a riot out of it, lie must show that the Com- a missioners were there to be acted upon by what " the Major said, to have their conduct influenced, a because unless it was so it could not be t said tnut these remarks were obstruct ig the c Mayer. But the Commistioiers were absent; a they were not present to hear 110 Mayor, n and they wi re inar cessib o* to h s appeals, r Because George and Wi liam Wilson said the pollsshould not be opened,^Mr. Key a >s they are p gulty of a riot, by obstructing the Mayor i i having c them opened, when the Mayor tells you that he f hid no power to open them. Now, that is a curi- t ous sort of a riot. It was a riot in which there was e nothing riotous said or done. Can you charge us f with that riot? And was it not distinct from the s morning riot? Had it any connection w th the p morning riot that wns directed against the Irish t legion?the undiluted legion? This was directed t in opposition to the Mayor in his attempts to huve t the polls opened. There is no connection at all, for j as long as the polls were closed, no man could 8 vote, Native, Whig, Democrat, or Know-Nothing. e If it was a riot, he could not allege it here, for ho e has not charged it against us. But, he savs, this j j was not only a riot on the part of George Wilson, j who was s'andlng up on an elevated plafrnu ? where he could really take no part in the affair, ? where he was expending his force upon the free I air; it was not only a riot 011 the part of George and 8 William Wilson, but of those, al-o, wno were in t charge of the swivel. The parties nt the polls had p nothing to do with the swivel. George Wilson v had nothing to do with it. He was not near , it. lie had nothing to do with the riot, &> y that was taking place up above. This was a sepa- t rate and distinct offence by distinct persons, and j for a single pu pose. Gentlemen, I not only 8 object to this firing into an innocent crowd, but j to such platoon firing in com ts of justice. Take } your rifles in your hands and shoot a.single bullet | at the mark. Try your case with the precision j that belongs to the law, and don't come here with | a scattering fire that is apt to kill at a point that | the marksman has not in view. I But there was a riot about the cannon. How ' was the cannon brought there, and by whom? i It is conceded that it was done by a parcel of i boys, six, seven, eight, or ten, in number, at the ] outside. I do not believe anybody puts the num- I her higher of those boys who were in charge of i this swivel, which, in all probability, was spiked, i so that it could not be fired, especially as it was i surrounded by a crowd of citizens who were at- i tempting to arrest them, with the muzzle at one time down the pavement, at another time turned off from the street toward the market-house away from the polls, and away from the Marines. We i had in the crowd around it, Mr. Richard Wallach, Mr. Carlisle, and a irnllant old general who. to the misfortune of this community, had not charge of that force that day. Wc know that that gallant i old man pressed his knee upon the muzzle, and i kept it there until the Marines got into position to charge upon it. The parties around this gun said they came there for no purposes of offence, " we come here to attack no onebut then it was also Said wc hare brought it here to defend ourselves If we are as'aulted, or to defend our friends when they are assault d. 1 think that was a lawful and excusable purpose, il such were the real purpose ; but it was in aeon* dition in which they could not fire the gun, with a cloth spread over it to protect it from the rain. Now, I am not going to stop to enquire into the exart position of the gun, whether as Hallack said, they attempted to touch it off or not Theae discrepancies are insepaiable from the caso, and are proof of the integrity of the witnesses, anther than a ground for questioning their truth. No two men could come into court and give the same account of that affair. But taking a gciieiat view of the testimony, fairly and impartially drawing a conclusion from the whole, you arc obliged to say that, up to a considerable time, at least, such was the crowd around that swivel, such its direction, and such its condition, that it was impossible to have used it in a hostile manner against the Marines. Mr. Merrill and Mr. Wallach tell us that with their own hands, while the Marines were drawn up before tbe polls, they turned its muzzle towards the market-house. There can be no doubt about that. | I apprehend, that while some of the mo?t violent were in charge of it, ther turned around the gun, and a second and a third lime turned it off. General Henderson said that he stood with hia knee against the muzzle, his purpose being to arrest I tbe firing of tne piece. Hu did this at the hazard of his own person, both on account of the parties concerned with the gun, and on scountof the Murines whom he regarded in som' respects as children of his household; and he stood there until the Marines got into a position from which th''y could charge and take it. Major Tyler supposed that, from the time he first came in sight of litis piece, it was turned upon hiin, and that, as he changed liia po.-.ition, the position of the piece was cnangen, so as to near upon him i;?-itauiiy inn account of the condition of the gun doca not tally with the account given by the other witneaaea. I do not impute intentional error to thut gentleman?no one would be found eating nuch an imputation upon him ; but we all know how liable men are to niiaconoeive fa< t< under circumraitc a of excitement. Now that, at Home period of the transaction, Major Tyler aawthat gun turned upon him, I have no doubt, but that it kept turning upon him all the time, and following him up, ia disproved. We have a mnai here, who waa with the gun, who turned ita muzzle in another direction, who alood around it, and who ahowa that for a great part of that time, it waa impossible for that p*rty to use it, if they desired to do ao. Will, gentlemen, to return to the Marinea. I left them, gentlemen, in my argument, atnnding down nt the corner of 1 atreot, where they were left by the Mayor. Wc presently find them moved to n position ill Seventh street, opposite to the polls, without any order from the Mayor. My worthy friend, the Captain, waa then acting, according to his own words, on hia " own hook." He thought I street waa the precinct, and finding hia mistake, he moved hie military hand and stationed them in front of the polls, and then proclaimed that the polls were clear. We next find them advancing still higher up Seventh street, brought to the right about and marched to the face of the market-house. Now, it was just about tbe centre of the market-house that these Navy-yard boys stood with the swivel, numbering la all eomc six, eight, orten. ' Well now, gentlemen, cont niplute the opposing parties. Some ha'f dozen half-grown boys or hobtile-.ie-liovs in poe e -siou of an old swivel upon a tiroken wagon, according to every fair probability spiked, ao that it could n~t be tired, in hostile ar ay upo > the one aide; some of ihein, perl a >s, with pi ttola in tl eir pockets. I do not know whether they had or not, but possibly some o' tliein had, and I give them all the advantage of he ad uission. The array on the one side, then, was this hulf dozen boys with this old swivel and their pocket pistols : upon the other side, not as ny f i ud said, with banners living, tifcs b'owng, uud drums jLieating, but without sound of trumpet or drum, without the flutter of u flag in the tr e/e, with deadly n uskcts in their hun Is? I will excuse the olficeis < f the Muiine coipt; it was by order ot ih ir superiors?with ball ciriidgej, routs niog n bullet and three buck-.hot ;ach, u hundred und fourt-acn men in military ar uv?i do not think the exact number whs proved >u the trial, but the woun ed Marine told me that hat was the number?wiili a complement of offi:eri, each with a raurket and cartridge-box I do lot kuow how many cartridges were sorvei out; en at one time and tin at another. The boys vilh their pistols and their swivel; the Captain of he Murines, with his one hundred and fourteen irmed soldiers ; an interval of a short space sepa ated t'.em; each on the sume highway?Seventh itreet. A message came, as was supposed, from he hoys, hut, as I think it has been proved, from i very different qua-tcr. But a im-ssige enne, as ras supposed at that time, from the party in iiargo of the cannon, telling the oflicer in comnand that unless tl e Marines were taken f out the [round, the cannon would be fired. The half doziti boy < sent that message to the one hundred ,ud fourteen Marines! The bo s, with the swivel >nd tin ir pocket pist >ls, sent that dcfiunce to the larincs, with mu-kets and ball cartridges, consistng of a bullet and three buckshot! Six to one uiiidri d and fourteen ! The gallant officer tells us hat he replied to the message, instead of taking .way the Marines, he would take the cuunou; and mmediately, upon his own " hook," he marched lis Marines from his position before the polls and Ircw them up before the ennnon; and that he gave he order to inarch with the purpose of at once Iring upon the party as soon as he got into posi it n. Gentlemen, 1 do not know what your feelngs were when that testimony cume out: I coness my human 'sympathies were shocked, that ipon a defiance of that nature, from a parcel of leads'rong youths and boys, that they would fire , miser ible swivel upon one hundred and fourteen rmed Marines, the idea could have entered into ,ny man's head, upon that provocation, to fire ipon them. Gentlemen, docs it not prove how aut oua magistrates should be in calling to their id military power ? Does it not prove upon what , dangerous arm the civil authority is- made to est ?' That n gentleman of military education, intelli;ent., experienced, as was the Commander of that orps, could have been so transported by warlike ecliugs as to think of dealing with those rash toys us he would with a public and an equal immyl Why, he should have taken the match i-om that cannon, if they were rash enough to boot, and not let a man fire a musket. What irevented him from marcfiiiig up and outflanking he party, and charging with the whole line so as o make their escape impracticable ; and .what if hey had fired ; if they had shot through his ranks n revenge for that; was the military thus armed, o superior, to be let loose upoty this petty band if boys to commit a murder, (it would be nothing lse,) in vengeance. As soon as the swivel was bschargcd the danger was over; kill what numler of Marines it might, the danger was over. I ,m no military man; I am not accustomed to rms; I ain not a man of a military education ; am a civilian ; but Godfoibid that any education hould ever mnke me estimate the course whioh he officer said it was his intention to execute, as iroper on such an occasion. He, however, afterv.irds abandoned that determination, and for what eason ? Why, that'if he had fired, he would lave killed everybody about the cannon, not only he bays, but everybody else who might be about t. My blood almost ran cold when I heard him io picture to himself the scene about the market louse; when I heard him pay that he marched up vith the design to order the firing. He changed lis intention, but he did not coine up so as to outlank them and charge upon and c tpture the whole jarty. It is a great pity that he did not do so, for .hen you would have had the guilty parties; and then there would have been none of this shooting. Though he said he did not consider It his business to run after the fugitives; bg left that to the police rod the magistrates, and to the lawyers; lawyer as [ am, I maintain that it was more his duty to capLure than to shoot those in charge of the adversary gun; and it would have brought no disgrace Dn his military prowess, if he had outflanked and isptured them. I think it would rather have added 1 a plume, than plucked a feather, from his cap. But, perhaps, his military ardor was excited. It is not always agreeable in military affairs to take prisoners: sometimes they shoot them to get rid of them, and, perhaps, on this occasion, it would have been less trouble to shoot them than to take them. However, I do not attribute such feelings to the worthy gentleman; but I think the worthy commander had an idea that an achievement was ccidentally thrown in his way, and requircdjthe swivel in the hands of those boys as a trophy of the occasion. He had one hundred and fourteen Marines armed with muskets and bayonets, charged with cartridges containing a bullet and three buckshot each, on the first day of June, in the year of our Lord, 1857, on Seventh street, in the city of Washington, and he charged, gallantly charged, and victoriously conquered some half dozen boys with a swivel that could not be fired! That is an achievement! They charged in gallant style, in a manner which has been described as running at the top of|thcir speed acro<s the stiect; no doubt each man vied with the other for the honor of being first to crosa a bayonet over that cannon. There was no attempt made to catch the boys. The Marines came across at a < h.irgc, and the moment the boys saw the gleam of the bayonets, they ran. Of course they might be expected to run. They could not be expected to withstand ja platoon of Marines. And as they ran some of them pitched stones at the Marines. I think one witness saw a stone strike a bayonet of one of the Marines; some shot pistols at the Marines; accoiding to a great many witnesses, one pistol; according to i thers, several ; and according to Major Tyler, then- were fifty or sixty. Be that as it may, when the Marines charged bayonets and drove the boys nway, in the true spirit that belongs to our race, tlicy determined to show some little spunk on the occasion, and some pitched atones and some took out their little pocket pistols and popped away. The Marines, according to my comprehension of the word, did not stand fire. Gallant men, soldiers, would never have shot promiscuously at Hying boys or into a crowd. Well trained veterans stand the crack of a pistol undisturbed, but here they fired their deadly muskets into the party of spectators. The gallant soldiers stood in battle array, armed with muskets, and pei formed the glorious achievement of firing their deadly weapons upon flying boys, killing, not the boys, or the parties engaged in the muss, but a poor innocent negro, who was passing quietly far away from the scene of this disturbance; yes, they shoot, kill, maim, and wound, God knows how many others. Aye, gentlemen. it >u a gallant action. There was such equality between the partie I But now the swivel was taken; the terrible conflict wss over; the one hutid ed and fourteen Marines, well officered and armed, had beaten half a dozen flying boys, who popped their pistols in their retreat. It was a great achievement to capture their cannon; to catch them was not the business of soldie s. The most gallant act of all was to shoot them down as they ran away. It happened that one of those pocket pistols took a marine in the face and wounded him in the cheek?not dangerously, but it drew blood, and no doubt made him present quite an nwful appearance to his comrades. He was shot in the face. I expect he was a gallant fellow, for he was not shot in the bark. I should like him to have given to you, gentlemen of the jury, his account of the other Marines as he gave it to us. Eyes as big ass..ucera! Well, he was shot In the face. He was of the charging party, to whom the honor ol capturing that gun belongs. Hnving received his wound, he left nis position, no doubt staggered, and he falls down upon his comrades, who were in the line. There was his bloody face, his streaming wound, at the sight of which some one cried out, "FireI" and then the fellows levelled their muskets on the innocent crowd at Allston's corner. It is clear, gentlemen, that that Are, about which so much has been said, was drawn forth by the presence of* that marine upon the line, to which he had retreated, and the sight of his blood, for Major Tyler, hearing fire in ( w his rear, turned to see what was the ra *s of it, and beheld men falling, and dying, ap . weltering in their blood, ou tie pavement at Album's corner, and the deadly muskets of the next platoon ready to fire. He tells us he ran down the line, and most' fortunately arrested that second Are, and demauded from the second in command what caused the firing, Gentlemen, you remember his answer. One of hia men had been shot in the face, and thereupon the Marines fired. He did not say, according to my recollectiou, that Captain Maddox ordered them to fire, but that was the excuse for the tiring. The wounded marine, from the afi'ray about the swivel, had fallen back 011 his line, his bloody face was exhibited to his comrades, and instantly the cry of "firj" is heard, and these ptrties plunge their fire, not Into the offending, the armed party, but into citizens, spectators, many of whom, according to the proof, were drawn to the scene with the Marines themselves. At that fire Allston fell in his own doorway. Why wa< that fire delivered? If it was ordered, where is the officer that ordered it? Had it been an order by an officer, the inen having been proved to have stood under arms, I suppose the order would have been, " right, aim, fire," in military style. Uut there is no proof of that. It was a rabble fire, the work of a mob, a military mob, without the sanction of official uuthority. THE FARMER. Fences. " A gentleman of Spartanburg, S. C., urges tho planting of the black locust (Pescudacacia) or common locust of the mountains?in rows, to serve instead of fences. The cost of the fences in the United States is estimated at the enormous sum of $1,57],209,000, and the cost of tho nnnunl repairs at $238,080,000. The consumption of timber is therefore very great, as is the labor bestowed upon the making and repair of fences. The writer says that the locust is a tree of rapid growth, largo size, great durability, adapted to all climates and localities, requiring no labor of trimming, casting but little shade, and which no beast will bark or destroy. It may be propagated with ease, either from seed or sprouts; when young, is defended by a short stiff thorn. After clearing and plowing the ground deeply for five or six feet on each side of tho proposed fence, the writer proposes to plant the seed in a row, about five inches apart, at any time when the ground is not frozen from October to March. " At the end of three years (says the writer) they should bo from five to eight feet high, and from an inch to an inch and a half in diameter at the root. Even at this age,armed as they are with a sharp thorn, they will constitute a formidable hedge. But they will grow on and on, i until, in a few years, they will come solidly together! Unable to extend lengthwise of tho line, they must spread out laterally. Thus, in the course of time, they will form a solid wooden wall around the whole enclosure, from one to two feet thick?too formidable to be broken down, too high to be overleaped, too thick and hard to be even chopped through without immense labor! But thus surrounded, what better protection need the planter or the orchardist desire for his crops, his fruits, or his various kind of stock ? "How long a hedge or wall of.this kind would continue to live and grow, has never been fully te tcd. It might be for a century, for aught any man can foresee. Considering the durability of the timber?such that no man j expects to live to see a Black Locust stump decay?it may be well supposed that, after the death of all the trees, their trunks may remain " a wall of defence" for at least half a century longer ? From one to two hundred years may, then, be sat down as a probable term during which those fearless and moveless guards will maintain lheir position. It is proper, also, to add that the Locust ys an orna mental tree?excelling at once in the symmetry of its structure, the delicacy of its leave*, and the beauty of its flowers." Hints to Farmers. Toads are the best protection of cabbage against lice. Plants, when drooping, are revived by a few grains of camphor. Pears are generally improved by grafting on the mountain ash. ' Sulphur is valuable in preserving grapes, etc., from insects. Lard never spoils in warm weather, if it is cooked enough in trying out. In feeding corn, sixty pounds go as far as one hundred pounds in the kernel. Corn meal should never be ground very fine, * it injures the richness of it. Turnips of small size have double the nutricious matter that large ones have. Ilats and other vermin are kept away from grain by sprinkling of garlic when packing the [ sheaves. Money expended in drying land, by draining or otherwise, will be returned with ample interest To cure scratches on a horse, wash their legs with warm soap suds, and then with beef brine. Two applications will cure the worst cases. t. t * : 1 s ' x IIIH/VI, v* 11vii tub in cue miring, imu V3*|nmvu to the weather with the hark on, decays much * sooner than if cut in the fall. Wild onions may he destroyed by cultivating corn, plowing and leaving the ground in the plowed state all winter. Value ol Fallen Leaves. No manure is so well worth the saving in October and November as the falling leaves of the season. According to Payen, they contain ' nearly three times as mi.eh nitrogen as ordina- j ry barn yard manure; and every farmer who I lias strewn and covered them in his trenches late in tue fall, or in December, must hare noticed the next season how black and moist the soil is that adheres to the thrifty young beets he pulls. No vegetable substance yields its woody fibre and becomes soluble, quicker than leaves, and from this very cause they are soon dried up, scattered to the winds and wasted, if not gathered and trenched in, or composted before the advent of severe winter. As leaves are poor in carbon and rich in alkaline salts, as well as nitrogen, they arc espicially valuable in compost with manhaden fish manure and dead animals, poor in potash, but abounding in carbon and lime phosphate. But the great value of leaves is in the extra nitrogen they contain. Prof. Jackson truly says that the compounds of nitrogen not only (Jocompose readily themselves, but they also induce the elements of other organic matter with which they are in contact, to assume new forms, or to enter into new chemical combinations; and according to the long continued and varied Kothlamsteii experiments o( the indefatigable Lawes and Dr. Gilbert, nitrogen, in its compound form, (ammonia,) also exerts the same potent infiucnej on the inorganic or mineral elements of the soil, rendering even aand into the soluble food of plants. Yet every farmer or gardener ought also to know that his own mechanical aid in trenching or plowing, in Older to keep his soil permeable and absorptive, is indispensable to aid nature in developing her chemical process.?Rural New Yorker. A western New York farmer writes as follows to a distinguished scientific agriculturist, to whom ho felt under obligations lor introducing a variety of swino: "Respected Sir: I went,' yesterday, to the fair at ; 1 found several pigs of your species. There was a great variety of beasts, and I was surprised at not seeing you there I" A fellow was invited to a party one evening where there was music, both vocal and instrumental. On the following morning he met one of the guests, who said, " W ell, how did you enjoy yourself last night? Were not the quartettes' excellent f" "Well really, I can't say, said he, "for I didn't taste them, but the pork chops were tho finest I ever ate." From the Boston Journsl. TUB MIDNIGHT BT04 Grim and gaunt?alone, alone? \ The Midnight aat on his ebon tbrone ; \ H Hit throno of olonds that erer and aye Sweeps slowly udown the western sky. Grand and gloomy, around his form He wrapped the fulds of the wasting storm ; , The storm, whose fringes thro' the air, Were lieuvily trailing everywhere; Trailing on earth and over the main, With a sound that neemcd like the rush of rain. Back with a mighty grasp he flung ilia gusty locks, where darkness bung In silence and mist o'er spirits dread, Who chill the living, and wake the dead. And they rose from their dreams of rest, to fright The holy stars, and the solemn night; To curse with a revelry loud us hell's, With horrible laughter, shouts and yells, To rend the ear of the sleeping world; While over its bosom they madly whirled. H In dances rapid, in circles vast, In mazes giddy, with feet of the blast; H Erer and ever more swift their speed, ltound and round, o'er valley and mead, Up through the gloomy, heavy air, Shrieks resounding everywhere, Till they swung on the floor of the hurricane? , Swaying o'er earth and over the main, With a sound that seemed like the roar of rain. But hush ! hark 1 H The giant has smote in his sudden wrath The spirits of wind, and their furious path Is the path of scattered and flying hosts? Armies of dim, impalpable ghosts, Whose waitings of woe, and cries of despair, Ring fearfully out on the stormy air; Th y wearily muan, they sigh and they groan, But the midnight still alone, alone, Sweeps slowly adown the dusky sky, Where the silent realms on its borders lie? The realms where the day uud the sunlight die; And the dark, like some bird with mighty wiDg, Bloods solemn and still o'er everything. 'Twill soon be o'er; for the spectre form, Grand and gloomy, gathers the storm Clorer und closer to his breast, As be neurs the gates of the waiting West,, And feels the breath of eternal rest. It steals o'er the midnight's brow of gloom, And into his heart, with a sense of doom; And he sinks in shadow and mist away, To brood with the Dark o'er the sleeping Day. While the spirits rise in circles vsst, In dances giddy, upon the blast, And shriek und shout to chase afar The clouds, before the morning star. From the Louisville Journal. TO MY MOTHER, 'RIOB TO VISITING IIKR ON MY VORTISTH BIRTH-UAY. 1 would that I were kneeling with thee now, Mother, dear mother! at thy evening prayer With lore's most holy light upon thy brow! 1 would that I were kneeling with thee there As pure in heart as when 1 leli thy home, With sinless dreams, in the great world to roam! Long vears have tied uway since then-long years! And much of toil and Bufferiug has been mine; H Yet hue life's struggle wrung from me no tears,' Save when, dear mother, 1 have thought of thineTears for the wanderer in a distant land, With few to cheer or take him by the hand. And thou since then art old ! yet is thy heart All young and fresh as in the month of May 1 For with the worldly thou hast played no part, Content in lowly life to bold thy way, Where joyless eyes e'er turned to thee in gladness, And saddened hearts e'er bless tbee in their sadness. 0, mother mine! in the still evening hour, When the bright stars their wonted places take And pour mild radiance over field and Dower And sleeping stream, I know that thou dost wake: I hear thy voice! thv messengers of prayer Iu spirit-march float round me in the air I I hear thy voice e'en now I its accents low Come like a murmur to my listening ears! I see thee bending with an upraised brow, ' I see thy clasp d hands and thy trembling tears 1 Those trembling tears thine eyes' soil light gleama through, As g leaius the starlight through the t rembling dew I I hear and see thee ! as ofttiroes ere now, In my far childhood, in my distant youth, In the first days when manhood flushed my brow, Thou taught'Bt of Heaven, of virtue's ways, of And pruyed'st that blessings on my head might rain? Mother, 1 come! kneel with thy child again ! There is no excuse for profane language; many use it out of bravado, desiring to appear manly, but no excuse can be offered for such H outrages upon decency, and any rebuke ia justly merited: It is related by Dr. Souddcr, that on his re- H turn from his mission in India, after a long H absence, he was standing on the deck of a H steamer, with his son, a youth, when he heard a gentleman using loud and profane language. H " See, friend," said the d >ctor, accosting the H swearer, " this boy, my son, was born and H broug.'t up in a heathen country, and a land H of pagan idolatry; but in all his life he never H heard a man blaspheme his Maker, until now." H The man colored, blurted out an apology, and H looked not a little ashamed of himself." H A Senatokial Dead-Hear.?SenatorGwin, H having been accused of accepting favors from the Pacific Mail Steamship Company, the San I Francisco Globe comes to the rescue and ad- H niits that b travels free of charge in the < Company's steamers, as all other members of Congress do; and the Globe adds, "as they have a right to do if the Company chooses to accord the privilege to them." All very true. But as Senator Gwin receives some five thousand dollars for travelling expenses, it would look quite as well if he paid his way on board of steamers that are dependent upon his vote for the amount of compensation they receive for cairying the United States mails. Members of Congress ought not to put themselves in a siispicous position when there is so very little to be gained by it.?AT. V. Time*. It will be borne in mind that the Legislature of Missouri is Democratic. This is another specimen of the way the Democratic party is paying off the Catholic Church fcr the influence it wielded in compelling every Catholic voter to vote with that party. The refusal to charter a Protestant College, and at the same timo charter a Convent, and exempt it from taxation, I is about as imfamous as the course pursued by the Democratic Council of New York City, when it refused to give four lots to a Protestant Orphans' Asylum, and then turned around and donatedthirty-six lots to a Catholic Institution.? Cleteland Leader, The Jancsville (Wisconsin) Independent announces the arrival in that place of Mr. Trnrv nnd bis imrtv of vntin<r women, and I J r? v * J O ?? their disposal. A charge of ten dollar* was made f?r each perron, the money to be paid by the employer and to be deducted from the future earning of the young women. The Free Church wan thrown open; the young women occupying the Rents in row*, some of them crying, Customers then walked along ( the range with perfect coolness, examining their condition one by one, and an they found ' one suitable, they planked the caf*h and carried off the pi ize, ] " Sir," raid a pompoua porsonage, who once undertook to bully an editor "do you know that I take your paper?" "I have no doubt that you do take it," replied the man of the quill, " for Revere! of my honest Rubscribera have been complaining lately about their papers being stolen in the morning." " Pray Miss C.," said a gentleman, tho othe evoning, " why are the ladles so fond of officers ?" " How stupid," replied Misa C. 5 " is it not perfectly proper and natural that a young M lady should like a good offer, pir ?" The Texas Legislature has passed a bill I which allows free colored persons who may de- H sirs it to select masters and become slaves.