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is immaterial whether they were or were not commanded to render their service upon the occasion. This peculiar protection of the law extends still farther. It reaches to private persons who, though no minister of justice be present, interpose for preventing mischief in the case of an affray. They are in the discharge of a duty which the law requires. The law is their warrant; and they may, justly be considered as persons employed in the publick 'service, and in the advancement of justice.
If so, in the case of an affray, in which, on each side, the same disposition is shown; much more so, in a case of premeditated, concerted, planned, prepared, riotous, felonious, and treasonable outrage, on one side-connived at, perhaps countenanced, by those in the administration of the government. In such a case, the legal duty, the legal authority, and the legal protection operate with tenfold energy and force. In such a case, the law may
well be said to throw herself, without reserve, upon
the of the citizens. In such cases, the citizens, with open arms, are bound to receive her, and to give her that protection, which, in return, she confers upon them.
The application of this important principle of preventive justice is admirably fitted to small, as well as to the greatest occasions. If it was strictly made upon all occasions, the benefits redounding to society would be im
The petulant ill nature of the boy, the quarrelsome temper of the man, the rapacious aim of the robber, and the malignant disposition of the assassin, would be immediately checked in their operations. The principles themselves, unsupplied with fuel to inflame them, would, at last, be extinguished.
m Fost. 309.
Thus much for the means, which the law employs directly for the benevolent purpose of preventing crimes.
OF THE DIFFERENT STEPS PRESCRIBED BY THE LAW,
FOR APPREHENDING, DETAINING, TRYING, AND PUNISHING OFFENDERS.
NOW proceed to the different steps which the law prescribes for apprehending, detaining, trying, and punishing criminals.
A warrant is the first step usually taken for their apprehension.
A warrant is a precept from a judicial to a ministerial officer of justice, commanding him to bring the person mentioned in it, before him who issues it, or before some other officer having judicial authority in the cause. a This warrant should be under the hand and seal of the ma. gistrate issuing it: it should mention the time and place of making it, and the cause for which it is granted. It
a Wood. Ins. 81. 1. Bl. Com. 137. 4. Bl. Com. 287.
may be either to bring the party generally before any magistrate, or specially to bring him before the magistrate only who grants it. It may be directed to the sheriff, constable, or to a private person ; for the warrant constitutes him, for this purpose, an authorized officer.
By the constitution of Pennsylvania, no warrant to seize persons shall issue without describing them as nearly as may be, nor without probable cause supported by oath or affirmation. Such warrant may be granted, even by any justice of the peace, for treason, felony, or any other offence against the peace."
When the warrant is received by the person to whom it is directed, he is authorized, and, if a publick officer, obliged to execute it, so far as the jurisdiction of the magistrate and himself extends. A sheriff may depute others; but every other person is obliged himself to execute it; though others may lawfully assist him. A warrant directed to all constables generally can be executed by each only in his own precinct : but a warrant directed to a particular constable by name, may be executed by him any where within the jurisdiction of the magistrate.
The execution of the warrant is commenced by an arrest; which is the apprehending or restraining of the person, whom it mentions or describes. 8 But, besides those arrests which are made in the execution of warrants, there are others enjoined or justified by the law.
b 2. Haw. 85.
c Art. 9. S. 8.
a 2. Haw. 84.
€ 4. Bl. Com. 288.
f 2. Haw. 86.
g 4. Bl. Com. 286.
All, of age, who are present when a felony is committed, or when a dangerous wound is given, are, on pain of fine and imprisonment, bound to apprehend the person who has done the mischief. If the crime has been committed out of their view, they are, upon a hue and cry, obliged to 'pursue with the utmost diligence, and endeavour to apprehend him who has committed it. Hue and cry is the pursuit of an offender from place to place, till he is taken: all who are present when he commits the crime, are bound to raise it against him on his flying for it. Every one is obliged to assist an officer demanding his assistance, in order to apprehend a felon, to suppress an affray, or to secure the
of affrayIn all these cases, the doors of houses may, if necessary, be broken open for the apprehension of the offenders, if admittance is refused on signifying the cause of demanding it.
It is a general rule, that, at any time, and in any place, every private person is justified in arresting a traitor or a felon; and, if a treason or a felony has been committed, he is justified in arresting even an innocent person, upon his reasonable suspicion that by such person it has been committed. If one see another upon the point of committing a treason or a felony, or doing any act which would manifestly endanger the life of ano. ther; he may lay hold on him, and detain him till it may be presumed reasonably that he has altered his design. In the case of a mere breach of the peace, no private person can arrest one for it after it is over.
h 2. Haw. 74.
i Id. 75.
j Id. 86. 4. Bl. Com. 289.
* 2. Haw. 76.
| Id. 77.
m Id. ibid.