Respublica v. Montgomery
Supreme Court of Pennsylvania
A RULE had been granted on the defendant, a justice of the peace of Northumberland county, to shew cause why an information should not be filed against him for misdemeanor in office, founded on the affidavits of William Wilson and John M’Phersou, esquires, two of the judges of the Court of Common Pleas of the said county.
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A RULE had been granted on the defendant, a justice of the peace of Northumberland county, to shew cause why an information should not be filed against him for misdemeanor in office, founded on the affidavits of William Wilson and John M’Phersou, esquires, two of the judges of the Court of Common Pleas of the said county. The substance of these affidavits was as follows: After the militia had marched from Philadelphia, to suppress the insurrection in the western counties of the state, on the 30th September 1794, the deponents hearing that some ill disposed persons were about to erect a…
1Opinion of the Court
Per cur.
It is the duty of every good citizen to endeavour to suppress a riot; and when he finds a mistaken multitude engaged in treasonable practices, to the subversion of all peace and good order, he is protected by law in coming forward with other well disposed characters, to repel them by force.
Mr. Thomas é contra, on the part of the state. The proofs are here sufficiently clear to warrant an information. Though freedom of speech is secured to us by the constitution, yet we are responsible for an abuse of that liberty. The people may meet and discourse on public measures, and the public…
2Cited by3 opinions
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