other's; wilfully opening or reading sealed letters addressed to another, except in cases punishable by the laws of the United States; removing or defacing any monument, milestone, or guideboard; maliciously injuring or destroying a public bridge, toll-gate, or mill-dam.

7. Disorderly persons and practices. There are numerous classes of persons who corrupt the morals and disturb the peace and good order of society; among whom are the following: men who threaten to run away and leave their families to be supported by the public; persons pretending to tell fortunes; keepers of houses for the resort of drunkards, gamesters, or other disorderly persons; persons having no visible calling, but who for the most part support themselves by gambling; all common showmen, rope dancers, and other public actors; keepers of gaming tables and other gaming machines or devices. Any person deemed to be disorderly, may be brought by warrant before a justice for examination, and if found to be a disorderly person, the justice may require him to give a bond, with sureties, for his good behavior; and if he cannot find sureties, he may be committed to jail.

§ 8. Betting and gaming is a disorderly practice, and unlawful. The loser of any wager or bet is not bound to pay `it; or, if he has paid it, he may sue for and recover the same. The winner or loser at a game of chance, is, in certain cases, at least in some states, liable to a fine.

§ 9. Racing horses or other animals for any bet or stakes, is a nuisance or misdemeanor; and all parties concerned therein are liable to a fine or imprisonment, and all peace officers may disperse the persons assembled to attend the race; and judges and justices may issue warrants for arresting the offenders, and compel them to enter into recognizances, with sureties, for good behavior, and for their appearance at the proper court to answer for their offences.

§ 10. Profane cursing and swearing, and wilfully disturbing a religious meeting, are also among the disorderly practices which render the offenders liable to fines and penalties. Yet few vices are more common than profaneness. Not all profane words usually called swearing are punishable by law; but the use of them is not on that account the less sinful.

§ 11. Arrest and examination of offenders. Any judge or justice of the peace has power to issue process for apprehending any person charged with an offence. When a complaint is made to a magistrate, he examines the complainant on oath, and any witnesses that are produced; and if it appears that an offence has been committed, he issues a warrant, commanding the officer to whom it is directed to bring the accused before the magistrate.

§ 12. The magistrate first examines the complainant and witnesses in support of the prosecution; and next the prisoner, who is not on oath, and then his witnesses. If an offence has been committed, the magistrate binds, by recognizance, the prosecutor and all material witnesses, to appear and testify against the prisoner, at the next court at which the prisoner may be indicted and tried.

§ 13. In some states the magistrate himself has power to try persons thus charged with offences of the lower grade. In certain other states, it is left to the choice of the prisoner to be bound over for trial at the county court, or to be tried by the magistrate, and thus to have the matter at once disposed of.

§14. If either the offender does not choose to be tried by the justice, or the justice has not power to try him; and if the offence is one for which he may be let to bail, the magistrate may take bail for his appearance at the next court. But if no bail is offered, or if the offence is not bailable, the prisoner is committed to jail until the next session of the court having power to try him. But he must be indicted by a grand jury before he can be tried.

§ 15. The reason why offenders are sometimes arrested and examined before their case is brought before a grand jury, is to prevent their escaping before the next county court, as grand juries sit only during the terms of courts.

§ 16. The way in which bail is taken is this: the accused gives a bond in such sum as the justice or judge shall require, with one or more sureties, who are bound for the appearance of the accused at the next court, or in case he shall not appear, then to pay the sum mentioned in the bond. The word bail is from a French word meaning to deliver, or to lease. Hence, the justice bails, lets free, or delivers to his

sureties, the party arrested. Hence also the surety is said to bail a person when he procures his liberation. The bond or obligation of the surety, is in law called a recognizance, as is also the bond given by the prosecutor and witnesses for their appearance against the prisoner.

EXERCISES.

§ 1. Define assault and battery. For what is the offender liable?

§ 2. Define riot. By what authority, and how may riots be suppressed?

§ 3. What is here pronounced criminal in regard to aiding the escape of prisoners?

4. What is false imprisonment?

§ 5, 6. Mention some of the offences here contained in the general enumeration.

§ 7. What kinds of persons are usually declared disorderly? How may they be treated?

§ 8. How does the law regard betting and gaming?

9. How is horse racing regarded? How may racing assemblies be dispersed ?

§ 10. Are there any laws against profane swearing and the disturbing of religious meetings? Is any profane swearer a good man?

§ 11. By whose authority are offenders arrested and examined?

§ 12. Describe the proceedings of the justice on the examination.

§ 13. What provision is made in some states for immediate trials?

§ 14. In case no immediate trial is had, what is done?

§ 15. If persons charged with crime can not be tried until indicted by a grand jury, why are they arrested before thus indicted?

§ 16. Describe the manner of taking bail. Define the term. What is a recognizance?

CHAPTER XLIII.

Liberty of Speech and of the Press; Writ of Habeas Corpus; Liberty of Conscience.

§ 1. THERE are certain important rights secured to the people of this country, which have not yet been duly noticed. They are among the most valuable ever enjoyed by a free people indeed, where they are not enjoyed, real freedom can not be truly said to exist. Hence ample provision has been made in all our constitutions to secure the free enjoyment of these rights.

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§ 2. The right which we will first notice, is the right of every citizen freely to speak, write, and publish his sentiments" on all subjects; usually termed, "the liberty of speech and of the press." The word press is here used in its more comprehensive sense, denoting the general business of printing and publishing: hence the liberty of the press is the free right to publish books or papers without restraint, except such as may be necessary to prevent infringements of the natural rights of other men.

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§ 3. It was formerly common among ernments of Europe, to prohibit persons from speaking against the government or its officers, however bad their character or acts might be. Books and papers could not be issued without being first examined by persons appointed by the government. These restrictions upon the freedom of speech and of the press, have however been essentially relaxed, as the principles of liberty have been advancing in those countries. In the United States no law can be passed which shall prevent the humblest citizen. from censuring the conduct of the highest officer of the government.

§ 4. But it must not be supposed that men may speak or publish against others whatever they please; for the same section of the constitution which secures freedom of speech, makes us "responsible for the abuse of that right." Without some restraint, men might, by false reports, or malicious publications, injure the good name, the peace, or the prop

erty of others. Nor may we, in all cases, speak even the truth of others, if thereby we should injure them.

§ 5. To defame another by a false or malicious statement or report, is either slander or libel. When the offence consists in words spoken, it is slander; when in words written or printed, it is called libel. As a slander in writing or in print is generally more widely circulated, and likely to do greater injury, it is considered the greater offence. Hence damages may sometimes be recovered for slanderous words printed, when for the same words merely spoken, a suit could not be maintained.

§ 6. It has just been stated, that we may not always even speak the truth of others. By the common law of England, the libel was considered as great when the statement was true as when false, because the injury might be just as great; therefore, when prosecuted for libel, a man was not allowed to prove to the jury the truth of his statement. Such may be considered the law in this country, except where special provision to the contrary has been made by law or the constitution.

§ 7. But it may sometimes be proper to speak an unfavorable truth of others; hence, a clause has been inserted in most of our constitutions, declaring that "the truth may be given in evidence to the jury, and if the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted." In the state of Vermont, however, and perhaps a few other states, if the party prosecuted proves the truth of his statements in any case, he is acquitted.

§ 8. In case of slander, a man is liable only for damages in a civil action; but for libel, a person is not only liable for private damages, but he may also be indicted and tried as for other public offences.

§ 9. Another of the rights alluded to, is the privilege of the “writ of habeas corpus.' This is a Latin phrase, and means, have the body. This privilege was long enjoyed by the people of Great Britain before the settlement of the colonies, and by the colonists as British subjects, to the time of their independence. It is not strange, therefore, that a people appreciating the blessings of liberty, should in estab