The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1836-05-25


such act, it is merely an unlawful assembly.
But If three or more meet to Go an u,,av-
ful act upon common quarrel, and m.ks
some advances towards it. such an assem-
bly, becomes rout And il becomes a -.
OF. if they actually do an unlarfM act o,
sriolence either with or without a common
cause or quarrel.
OF the latter kind, or such as tcnd only
to breach of the peace, and sanctioned
by the statute, is challenging 10 duel, OF
accepting challenge, or in any way abct-
ting, prompting, encouraging, or seducing
any person to fight duel or to challenge
another to fight. And of kindred nature
to challenges, are libels or malicious defa-
nation, tending to breach of the peace,
stirring up revenge, and leading perhaps to
the shedding of blood. This offence is IN
directly sanctioned by the statute which
makes 1t lawful for the truth of The matter
charged to be given in evidence, but wheth-
er entirely to support the plea of not guilty,
or merely TO negative malice and an intent
TO defane, the statute docs not seem to de-
termlne. But what the common law re-
CARDS in criminal prosecution is the ten
dency of libel to produce amino sites and
disturb the public peace. And without a.
bridging the liberty of the press, it aims
merely to make it responsible for its licen.
llousness, And, in general, this is the gen.
los of our system of government, and tho
peculiar glory ofour country-is, that often
ces against law, are to be corrected by and
according to law,-every individual public
or private being left free to act in his own
concerns under his accountability to the
laws OF the land. And, gentlemen, if there
is any thing valuable in our civil institutions.
IL there is any thing solemn in the duty of
those who have the charge of administering
the law, and if there is any cause that ought
to be ground of alarm for the safety and
prosperity of our freedom more than anv
other, the tendency of the times, (should
such ever be the case among us,) to violent
Infractions Of the peace and to utter con-
tempt of authority and law, would be such
cause of alarm as to require the most
strenuous performance of that duty for the
safety of the state. This is not a remark
upon facts existing, but upon the tendency
OF facts supposed, and which may exist.
And hence the wisdom of the conmor.Iaw
IN making an incitement, solicitation, or in
stigntion to commit riot or breach of the
peace aniindctable crime. For the policy
of the law is to cheek the turbulent tcnden--
cy of nnruy spirits at its first appearance,
and not to wait till the whole power of the
government must be cxertcd to stop, If pos
sibly it may, the progress of ruin and de-
struc'ion. And in view of this policy, and
to prevent such disastrous consequences,
the magistracy and civil power will be duly
assisted and supported in maintaining the
supremacy ofthe laws, by all who have Just
regard for their own lives, liberty, and prop
erty.--For here, as well as in the land of our
expressed in similar language on like oc-
casion, the swor2 Of the sheriff and the staff
of the constable should be regarded as the
ensigns Of liberty. And, gentlemen, in re-
lation to the rights secured to individuals
for the enjoyment of liberty, to the protcc-
ton which the law would give to the iniur-
ed, and to those w6o are instrumental in
its administration, You may, for aught I
know,be called upon to act in your present
capacity, for the suppression of crime and
the preservation ofthc peace. And, have
no doubt, you will discharge your duty,
with proper consideration Of its impor-
tance, with all the moderation which its ma
ture requires, and with that frmness which
a due execution of the laws demands.
GFA serere hail storm passed across this
State between five and six o'clock Wednes-
day afternoon last, from six to seven miles