Year: 1877

in such bold disturbances of the pub
lie peace in opposition to and in def,
ance of the justice Of the nation II
the fury of rioters Is directed against
dwelling houses, churches, and the
like, and they are destroyed by fire,
all concerned in the riot are equally
guilty of the crime Of arson, and liable
to the severe and Infamous punish.
mcnt visited by the law on its perpe-
traitors. These undoubtcd doctrines
of the common law should bo known,
paused and pondered upon by oil who
are preparing to join in riots. In do
ing SO they should bear in mind, that
they put their lives and liberties in the
hands of the most worthless and reck.
less outcasts of society, who generally
are found conspicuous leaders Of pub
lie tumult
1Having, conceive, sufficiently re-
remarked on the nature and conse-
quenccs Of unlawful, riotous and trea-
sonable assemblies, ] will proceed to
point out the powers vested in the pub.
lie authorities and in private citizens,
to disperse such assemblies, and arrest
their perpetrators. They will be
found so ample and efficient as TO leave
nothing but surprise that their ade-
quacy should be questioned.


"An unlawful assembly,, such as |
have described, may be dispersed by a
Magistrate whenever he finds a state
of things existing, calling for interior
ence in order to the preservation Of
the public peace. He is not required
to postpone his action until the un.
lawful assembly ripens into an actual
riot. For il is better to anticipate
more dangerous results, by energetic
Intervention at the inception of q
threatened breach of the peace, than
by delay to permit the tumult to ac-
quirc such strength as to demand for
its suppression those Urgent measures
which should be reserved for great ex-
tromities. The Magistrate has not
only the power to arrest the offenders
and bind them to their good behavior,
or imprison them, if they do not offer
adequate bail, but he may authorize
others to arrest by bare verbal COM
mand without any other warrant
and ali citizens nresent whom he NAV
invoke 10 bis AID are bound nromptly
io resnond IN bis renpisition and ann.
mort him in mointaininc tho neace.
And a Magistrate either present or
called ON snch an occasion who NEG.
llects or refuses 10 do his utmost for
the suppression Of such unlawful as.
semblies, subjects himself to an indict.
ment and conviction for criminal
misdemeanor.


"When, however, an unlawful as
sembly assumes more dangerous
form, and becomes an actual riot prac-
tically when life or property is threat
ened by the insurgents, measures more
decisive should be adopted. Citizens
may, of their own authority, lawfully
endeavor to suppress the riot, and for
that purpose, may even arm them
selves, and whatever is honestly done
by them in the execution of that OBJ
iect will be supported and justified by
the common law. In the great Lon.
don riots Of $780, this matter was
much misunderstood, as II clearly was
with us, and a general persuasion pre-
vailed, that no indifferent person could
interfere, without the authority of
Magistrate, in consequence of which
much mischief was done, which might
otherwise have been prevented.


aBut. as was observed two hundred
and fifty years ago by the Judges who
decided as to the right of citizens 10
arm on their own motion in suppress
sion of dangerous riots, it would be
I more dscrete Tor every one in such O
case to be assistant to the Justices and
Sheriffs in doing So This is equally
prudent and sound advice at this time.
For on Sheriffs and Justices Is the du.
ty specially cast, of conserving the
public peace. The very name of Sheriff
indicates his duties, being derived from
two Saxon words, sere, that is, shire
or county, and repe, keeper or guar.
dian. lie is both by the common law
special commission. the keeper of the
peace of the Commonwealth within
the county, and any neglect or omis.
sion on his part in the performance OF
this great duty TO the utmost of his
power and ability, subjects him tc
heavy legal liabilities, both civil and
criminal. OF course TO execute such
duties and encounter such responsible
itics, he must have the means Of com.
mandng adequate physical force. For
this purpose every citizen capable oi
bearing arms, of every rank, descrip.
ton and denomination, is bound tc
. Weld prompt obedience to his com
mand, and repair to meet him at any
appointed place of rendezvous within
the county. This duty Of the citizen
is absolute. He has no discretion in
the matter, and If he neglect or refuse
, obedience to the command OF the
Sheriff requiring his aid in the sup
preston OF a dangerous riot or Other
insurroctlonary tumult, he may be
fined and imprisoned for such contu


macy, at the discretion OF the court
HIS obligation to come to the aid oi
the Sheriff is just as imperative at
that imposed on the latter TO sec the
community snfier no harm from law


less licentiousness. But unless the
citizens promptly respond to his call


how is the Sheriff to act with effect
His title and wand OF Office carry nc
magic with them, by which he can
overcome an armed mob; Those who
love law and order should not shrink
or hesitate in striking an honest blow