Commonwealth v. Eberle
Supreme Court of Pennsylvania
FREDERICK EBERLE, and fifty-eight others, members of “ the German Evangelical Lutheran Congregation «in and near the city of Philadelphia,” were indicted for a conspiracy to prevent by force of arms, the use of the English language in the worship of God, by the said congregation. The indictment was found at the Mayor’s Court of the city of Philadelphia, at March Term, 1816, and removed to this Court, by certiorari, and tried before Yeates J. at Nisi Prius.
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FREDERICK EBERLE, and fifty-eight others, members of “ the German Evangelical Lutheran Congregation «in and near the city of Philadelphia,” were indicted for a conspiracy to prevent by force of arms, the use of the English language in the worship of God, by the said congregation. The indictment was found at the Mayor’s Court of the city of Philadelphia, at March Term, 1816, and removed to this Court, by certiorari, and tried before Yeates J. at Nisi Prius. The indictment contained two counts. The first count charged, that the defendants, on the 26th September, 1815, were members of the “…
1Opinion of the Court
Tilghman C. J.
It appears by the Judge’s report that he did decline giving a positive opinion on the validity of the bye-law, conceiving thatvit was not necessary to do so. He declared at the same time that ,he had great doubts of its validity, and seemed to incline against it. With respect to the German petition, the Judge seems to have delivered his sentiments in terms sufficiently explicit. In order that the reasons for my opinion may be understood, it will be necessary to enter into the evidence in some detail. (Here the Chief Justice recapitulated the evidence before stated.) It is…
2Cited by4 opinions
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