Charge to the Grand Jury, at the July Term of the Municipal Court, in Boston, 1854

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Little, Brown, 1854 - 22 pages
 

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Page 12 - ... in time of war or invasion, and also in time of rebellion, declared by the legislature to exist, as occasion shall necessarily require ; and to take and surprise, by all ways and means whatsoever, all and every such person or persons, with their ships, arms, ammunition and other goods, as shall, in a hostile manner...
Page 12 - The people have a right to keep and to bear arms for the common defence. And as in time of peace armies are dangerous to liberty, they ought not-to be maintained without the consent of the legislature; and the military power shall always be held in an exact subordination to the civil authority, and be governed by it.
Page 4 - A riot is a tumultuous disturbance of the peace, by three persons or more assembling together of their own authority, with an intent mutually to assist one another against any who shall oppose them in the execution of some enterprise of a private nature, and afterwards actually executing the same in a violent and turbulent manner, to the terror of the people, whether the act intended were of itself lawful or unlawful.
Page 16 - ... felony, or to offer violence to persons or property, or with intent, by force or violence, to resist or oppose the execution of the laws of this state...
Page 14 - ... arms, and shall obey and execute such orders as they may then and there receive according to law.
Page 13 - When there is in any town, city or county a tumult, riot, mob, or body of men, acting together by force with attempt to commit a felony, or to offer violence to persons or property, or by force and violence to break and resist the laws of the state, or...
Page 16 - ... arrive at the place of such unlawful, riotous or tumultuous assembly, shall obey such orders for suppressing the riot or tumult, and for dispersing and arresting all the persons who are committing any of the said offences, as they may have received from the governor, or from any judge of a court of record, or the sheriff of the county, and also such further orders as they there shall receive from any two of the magistrates or officers mentioned in the first section.
Page 15 - ... in a city or town, the mayor and each of the aldermen of such city, each of the selectmen of such town, every justice of the peace living in any such city or town...
Page 20 - And upon principle, independent of the weight of judicial decision, it can never be maintained that a military officer can justify himself for doing an unlawful act, by producing the order of his superior.
Page 13 - ... thereof, (describing the kind and number of troops,) to appear at a time and place therein specified, to aid the civil authority in suppressing such violence, and supporting the laws ; which precept, if issued by a court, shall be in substance as follows : — Form of requi- "- —

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