Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1853-04-07

This portion Of the statute is peculiarly ex-
| pressed, and as It seems TO me, needlessly M
mute in detail. But that was done probably
out Of over caution, and to prevent msconstruc
ton of the purpose Of the Legislature. II seems
10 me. that "puhlic and domestic tranquility
mean nothing more than the public peace The
public peace is made up of the aggregate OF IN
dlyidua peace, and domestic peace IS nothing.
more than subdivision Of the one and the ag-
grcgaton of the other. One cannot lawfully
disturb the quiet Of domestic life, by that same
kind of offensive and tumultuous carriage which
would any where constitute breach of public
peace although no one, but the family of which
he is a member, Is present
The statute then. on fair construction we
think. provides that if one shall be in that pecu-
liar state of intoxcaton, whereby his conduct
puts those about HIM IN reasonable fear OF bodily
HARM any sheriff. or other officer nane1. may
take him into custody, and detain him, till he is
sober enough TO testify. This is the first point
al which it would be reasonably safe to have
such person 90 at large. This any citzen
might always do, in England or this country,
upon the mere ground Of preventing the contln-
uauce Of the dis urblnce, upon the same ground
that one may arrest without warrant to suppress
ar ot.-S. adding rs. Preston, u ~ Reports and
cases cited, where the subject Is fully discussed.
This we think is scarcely to be regarded as IN
the nature Of punishment for "A crime or offence,
committed by the one arrested, but to prevent
the continuance of an offence, or the re commits
sion Of it. And in whateyer light 1t is viewed,
to deny the right TO the conservators of the pub
lie peace throughout our country, would be at
once to strike a death blow to the whole police
power of the country IL it is not desired TO
carry the restraint beyond the point Of returning
soberncss, ri viii perceive at once the very
manifest absurdlty Of attempting. in practice 10
apply the provisions of the 10Th article of our
State Bill OF Rights to the matter. A formal
complaint and warrant, and formal jury trial,
would be likely TO continue quite beyond the
term of returning soherness.
After the person arrested is sober. The proceed
lngs seem TO us to be- Of the nature of nrehmin-
airy proceedings against an unknown person
suspected OF an offence against the statute CON
necled with the prisoner. And assuming that
such inquiry is IN regard to a legally punishable
offence, 1t Is not necessary TO go further and in
qure whether all the provisions OF the statute IN
regard To such person. are strictly constitutional
IT not objected TO by HIM, the mere witnesses
could scarcely ialse any such question, certainly
not until after some udcial declaration IN regard
Ia The matter. This person is then required, not
To give testimony against himself, for there is
nothing IN the statute. or IN any statute OF the
state, which renders HIM further punishable for
the drunkenness. But he is required to riye tes-
tmony, IN regard 10 transaction of which II NAV
Hrly be presumed DE will ordinarily have knowl-
edge, and IN which be has no concern, and which
Is an offence against the law of the land. This
Is not very different from an inquiry before
grand Jury. And there is 10 doubt the court
might and would commit a witness refusing TO
give testimony before grand jury, unless be- bad
some excuse affecting himself.
have known iont perpetrators of crime
often compelled 20 give testimony. in regard 10
tle transaction against co offender. aiter having
a verdict 40 their own favor. and no one ever
doubted such testimony was legally imperative
upon the witness. To one chooses to plead uul-
iy 10 an offence there i no doubt he may De ne
qulred TO give evidence against others connected
with him M the preparation of the crime And
% can make no difference tina, the offender is not
publicly known, or that the legislature require
tins preliminary inquiry TO be made before q
single magistrate. II Is the same IN law. as If
required TO be made, and the testimony given.
before ihis court or the county court. and a grand
uy. The law supposes that the rights OF the
witness and the accused will be equally well pro-
.ec'ed' ana the Legislature seem 10 be Of slml-
Tar opinion, so far as this statute is concerned
his section Of this law is not more stringent
.l.,ian ~" y" 'no P'oo't' court III
'9" ~ Ei.''"s peisoh7 complained OF Tor
Inherent fro H.. ,.. ua'o'v.y e'lu not very
CONT IN regor5 ~ ''''a' po"ei. o. lle county
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