The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1877-08-03
Mihhltburp Rrgistsr
FRIDAY, AUG. 8, 1877.
The Legal Aspect.


to the Middlebury militia company, Sat-
urday, seems to have involved no crime
unless, possibly, the larceny of telc-
graphic brief-but 1t shows great care
1essness on the part Of the employees OF
the telegraph company. - Rutland
Globe.
We entertain the highest respect for
for the Globes legal opinions and do not
aspire to the honors of competition with
that journal in the display of legal lore.
But the foregoing is expressed so glibly
and given without the assignment OF
reasons, and is so adverse to the wishes
of the people Of this community that we
beg leave to inquire the grounds ofsuch
an opinion. "Ler semper dabn rene.
dium," "The law will always give q
remedy" is a well settled legal maxim.
But what is to become of 1t if any order
may be forged with IMMUNITY, purport-
ing to be the order Of military CON-
mander to his subortiinates which
would, if genuine, be binding upon
them for the serious business of going
TO another part Of the state to assist in
putting down riot? The general stat
utes of the state do not cnumeratc the
forging of military orders as one of the
particular forms of forgery to which
they attach the penalties provided for
the commission Of this crime. But is
there, then, no legal remedy for such
impositions? no punishment for the per-
petrators of lawless "jokes" which are
calculated to cause such serious incon-
venience to fifty of our citizens and an
noyance TO the whole community
Must we resort to mob law and counter
acts of violence and lawlessness to de-
fend ourselves against such attacks upon
our peaceful enjoyment of the rights
guaranteed to us by the constitution?
"If man has right he must have q
means to vindicate and maintain it''
was declared in celebrated English
case. OF course this refers to legal
remedies.
But in this case what is rcmedyf
Must each member Of the company
bring suit in on action upon the case
to recover for the time lost? And if so,
how will the community be protected
in their right of immunity from such
disturbances Of the public peace and
quiet? A discussion of the growth of
our laws if given by some recognized
authority, like the editor Of the Globe,
would be valuable here. 1t would, of
course, begin by explaining that our law
is q combination of the common law
and statutory enactments, the latter in
this state repeating the former when it
covers the whole ground, but only to
the extent Of the enactment. In most
Of the states and under the law of the
general government new enactment
does not in any sense repeal the old
laws, including the common law, ex-
cept so far as the provisions of the en-
actment are repugnant to the old law.
Accordingly if statute makes partic-
ular act crime which was such at the
common law, the offender may be pros
ecuted either under the statute or under
the common law, at the election of the
prosecuting attorney. And In those
states where an affirmative statutory
enactment repeats or suspends the pre-
vious enactment or the common law,
the offender is indictablc for any COM
mon law offense which has not been es-
pecially provided for in any statute.
See Bishop on criminal law, sec. 524.
Now if we admit that the offense re-
ferred TO at the opening Of this discus
sion is not cognizable under the statute
against forgery, We may still inquire
whether it is not indictable under the
common law. The brief common law
definitions make forgery the fraudulent
making of false writing which, if gen.
nine, would be apparently of some legal
efficacy. Or as Judge Butler calls it,
1.-THE making of a false instrument with
intent to deceive"
1t makes no difference whether the
representation ia made with pen, brush
printers type, or any device, whether
in characters which stand for words OF
directly for ideas. At common law for.
gerry is false representation, first tend
ing to defraud individuals, or secondly
to defraud or otherwise prejudice the
public. Under this last head, standard
authorities assert that "since it Is indict
able to forge writing which may injurs
an individual, it Is .fo7tio7i, so to forge
one whereby prejudice may come to {
great number Of individuals, OF the pub
lic." As examples ofthis forgery Haw
kins mentions "falsely and fraudulent!
making or altering any matter ofrecord
or any other matter Of public nature.
Bishop gives "the entry Of a marriag,
in register" rs an illustration Of thi
forgery. So q forged letter, in tn
name of q magistrate, the governor Of
Jail, directing the discharge of prison
er, Harris case, 6 G. &c p. 1923. AM
also Faweett's case 2 East, r. G. s62
Roscoe in discussing the nature of for
gerry at common law, says counterfeit
ing any writing with fraudulent intent
whereby another may be prejudiced, l
forgery" In 81 &. 3, c. l5l, forginI
the name of the agent general of volun
teers Is cited as an instance. So forg
ing the name of the accountant geners
Of the court of chancery, IL G. l, C. 81
And the name Of the registrar Of tn
court Of admiralty, % G. 8, C. Isl
Also the forgery of certificate Of
former conviction, and 8 G.. 4, c. 2s
8. IL.
n ~