Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1812-08-14

nay =. resist, or REUSE 70 Surrender.
r'osS' 1,..t;as az. 1t seems clear that every
igand heace officer, as constables: &c. ma,
sps' angbt to do all that IN them hes, towards
suu snnpressing of 3 riot, and may coinmane
8 us I,her persons TO assist them.
az , VIA NAV be done by the party assailed
a.senibly of mans friends in his house
- ,ae defence Of the possession thereof, a.
sho,e who threaten to make an IN,
gun entry into, or for the defence OF his
D'. AGAINST those who threaten to beat
3 therein, is INDUCED by law. For mans
m i looked upon as his castle,--2d Hay
q" Hale AS. Ifmany be together ut n q
,.-.f,l occoant, and one of the company kills
80 Of the advance party zvifhonf arg har.
a:..l,r abefment Of the rest 10 .this fact ofho-
~. they are not all guilty that are OF the
company, but only those that gave the stroke
~ or .ectually Allotted aim to do i. The an.
.Sor here speaks of an unlauefal killing BY
one Of the pa y
blackstone $50. If any person attempt
i. ,.order or robbery of another, or TO break
an > house in the night tine (Which extends
.5sa - an attemptto burn it) and Shall DC XII
iad ~ such attempt, the slayor Shall be &C
opitled and discharged
Rtie 4s7. If A had attempted bursla-
.rnnon the house Of 10 the ltent to steal
~ to XIII him, or had attempted to burn the
bouse of B. II B, or any of his servants, or
na, ,,abin his hose, had shot and killed A
All, had not been 50 much as felony. For his
souse is his castle Of defence, and therefore
i, MAJ Justly ascending herSonsf0 for me safe
guard Qfhis house.
By gic statute Of "a, Henry 8, CHAPTER $.
IF anv person attempt any robbery or muir
dsr Of any person in or near any common
highway, sc, or IN their mansion houses, or
10 attempt to break any mansion house IN the
night time, aud shall happen to be killed by
any person or persons, sc. (though a lodser
OF servant1 they shall upon their trial be ac
Quilted and discharged in like manner as if
he had been acquitted of the death OF such
person" -,
Bacon .45r.-" Murder and homicide " 1t
is clear that the killing of parson in defence
Of mans person, house or goods, is Jusuha-
bic in the following instances AS where a
man kills one vino assaults him On the nigh
way, to rob or murder hin, or any OF his ser
wants. dodgers, sc kills one, who attempts to
burn ii, or TO commit in it murder, robbery,
or other felony, SC &C.
(And if killing be justi6able in the case OF
an attack by single individual, much more SO
where a number assemble for the purpose oil
making such attack
From these authorities, it clearly appears
that the act of asse lnbling as well at the house
in Charles street as at the Jail, was of itself all
offence; that the show OF armor, threatening
speeches, sc constituted rio:; that the
meeting beng " upon an unlawful Design
every individual belonging toit was equai1y a
murderer, as the person who killed "one oil
the adverse party - and for the death of gen.
Iingan, the whole party collected at the Jail
are Liable to be prosecuted fof, and convicted
of murder. Every peace officer present, at
either place, WAC dad not use bis utmost en-.
teavor TO suppress the mob, is liable to pu-
hishment, because he not only possessed the
power, but it was his especial duty, and for
that purpose might caitto his aid every person
within the county.it necessary, and the Off
GERS, as well as those WON they summoned
to assist them, might arm themselves with
whatever weapons we're necessary, and would
be justified by law, in Hitting such Of the ri.
oters as might resist or refuse to surrender
With respect to the persons who were III the
house, the law is express, that they had .
rightto assemble for its defence, TO repel any
attack thereon, aud 10 kill any person attempt
ing TO break it open; and 1t is 10 be remem
bered that in the case OF an unlawful assem-
bly, the acts of one are the acts of the whole
assembly, and the party within the house are
not required SO to direct their arms, as only t
injure those who are In the very act of enter
ing into thehouse. Itis further TO be observ
ed, that if one of the party within the house
had wantonly killed aperson out Of the doors
that is, had even killed person when no VIC
lence was threatened and no mischief appre
hended, only the person who caused the death
and those 6 who abetted him to do it'' are
guilty. 1t also is worthy of consideration
how extremely inprudent il is liz any person