Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1877-08-08

before you, this clear doctrine, both Of
law and morals, is most material to be
considered by you. II is doctrine
whose adoption as the basis Of your
deliberation in the cases alluded TO, is
Of the deepest moment to the common
security. Any other would tend to
give impunity TO riotous murder.
"Strange misconceptions as to legal
principles, of the first importance in
their influence on the maintenance of
public peace, and social order, seem to
have misled the community. An ex-
position of the true doctrines OF the
common law will be found alike calcu-
lated TO re-assure the timid and check
the licentious. They will exhibit that
we have laws adequate TO meet all pub
lie emergencies, if they are firmly and
vigorously administered, and that we
have nothing to fear except from time
serving pusillanimity in their execu-
ton. Their vindication and mainte.
nance is the first duty Of patriotism.
Living under government whore the
laws derive their existence and force
solely from the consent of the govern
cd, where these laws are framed ex-
clusively TO subserve the common
good, every citizen should regard their
infraction as an outrage on himself,
and be ready prompt and eager, to
sustain and support them"
This / have read, gentlemen, mainly
from the charge of Judge King to the
Grand Jury of Philadelphia, at Sep
tember Term, 1874, as applicable to
the circumstances which have been
brought to our notice by the Sheriff
and by your interrogatory. Our own
Supreme Court, in the case of Reed
VS.. Bias, in referring to the same ques-
ton, says;
"If Grand Jury were so lost TO
themselves as TO present a building as
q nuisance because lawless mob con-
templated its destruction, and this
could be received in evidence even in
mitigation of the injury, then misera-
BILE would he our situation. We could
not imagine whose turn would come
next. The mob was the nuisance, not
the building. 1t was the duty Of the
Grand Jury to present the mob, and
that OF the Sheriff and civil authorities
to suppress it. Dalton informs us that
the Sheriff, as his name purports him
to be, is the keeper or governor of the
county. He is to keep the peace, and
hath power to levy posse comitdtus so
many men as he shall think meet TO
go with him to apprchend traitors,
felons, rioters, and the like offenders
against the peace. The Sheriff is the
keeper of the Commemorative peace
within his bailiwick, by the common
law. He may apprehend and commit
to prison all persons who break the
peace or attempt to break il. He may,
and is bound, er oficio, to pursue and
take all traitors and rioters, as well as
felons and murderers and for this
purpose, as we'll as for taking rioters
and other breakers of the peace, he
may command all The people Of his
county to attend him, under pain of
fine and Imprisonment.
"The Sheriff, to prevent personal
damage TO himself and his ordinary
assistants from mob assembled in ex-
traordinary numbers, and with show
OF force 10 overawe the civil power,
may call in the assistance of the mill.
tary. He has the right, and it is his
duty TO use the proper end necessary
force to suppress all mobs and disturb
ers of the peace. Without this power
our liberty would be but name, and
our lives and property insecure
Our Act OF Assembly on the same
question is as follows;
"If any person shall be concerned
in any riot rout, or unlawful assembly,
or an affray, and shall be thereof con-
victed, he shall be guilty of a misde.
meanor and be sentenced to pay fine
not exceeding $500 and undergo an
imprisonment not exceeding two years,
or both, or either at the discretion OF
the court; and in case any one is con-
victcd of an aggravated riot--a riot
which has resulted IN the destruction
Of property either real (such as the
burning of buldings) or personal (such
as the burning of cars or goods, the
court may sentence the offender to an
Imprisonment at separate and solitary
confinement at labor, not exceeding
three years.
Now gentlemen, il is your duty to
INQUIRE and to make. as your oath has
been stated to you by the clerk, true
presentment of all such matters and
things as are laid before you as well
as of those which of your own knowl-