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The Governor, his brother William, Garrison, and I, then went up to the jail, where we found the sheriff and his posse comitatus of police and citizens. The Governor then, near daylight, went to his hotel, and I to my house for a short sleep.
To say the truth, we are a little rough; our mane wants pulling and our hoofs trimming, but we jog along without performing either operation; and, by dint of rattling the whip against the splash-board, using all one's persuasion of hand and voice, and jerking the bit in his mouth, we do contrive to get into the circuit town, usually, just about the time that the sheriff and his posse comitatus are starting to meet my Lord the King's Justice: and that is the worst of it; for their horses are prancing and pawing coursers just out of the stable, sleek skins and smart drivers.
English law had grown up out of Teutonic custom, into which Roman tradition had been slowly filtering through the Dark Ages Feudal law still bore traces of its double origin in the system of the Teutonic "comitatus" and of the Roman "beneficium."
'There is something in that, said the Doctor. 'There is everything in it, said the Squire, triumphantly. 'We must offer rewards; we must raise the posse comitatus. 'For the sake of the family, I would make as little stir as necessary, said Dr. Masham. 'For the sake of the family! said the Squire. 'Think of the nation, sir! For the sake of the nation we must make as much stir as possible.
Before I could conclude the sentence, a bustle at the door of the room, called every attention in that direction; I turned and beheld Colonel Kamworth, followed by a strong posse comitatus of constables, tipstaffs, &c., armed to the teeth, and evidently prepared for vigorous battle. Before I was able to point out my woes to my kind host, he burst out with
And, to avoid misconstruction, the last clause of the fifth section of said Act, which authorizes the person holding a warrant for the arrest or detention of a Fugitive Slave to summon to his aid the posse comitatus, and which declares it to be the duty of all good citizens to assist him in its execution, ought to be so amended as to expressly limit the authority and duty to cases in which there shall be resistance, or danger of resistance or rescue.
"Partition him, cut him down," said the Great Powers to one another; and are busy, as never before, in raising forces, inciting new alliances and calling out the general POSSE COMITATUS of mankind, for that salutary object. What tempestuous fulminations in the Reichstag, and over all Europe, England alone excepted, against this man!
The Baron stared, and said his son and he would certainly ride by Little Veolan and pay their compliments to the Bailie, but could not think of bringing with them the 'haill comitatus nuptialis, or matrimonial procession. He added, 'that, as he understood that the barony had been sold by its unworthy possessor, he was glad to see his old friend Duncan had regained his situation under the new Dominus, or proprietor. The Bailie ducked, bowed, and fidgeted, and then again insisted upon his invitation; until the Baron, though rather piqued at the pertinacity of his instances, could not nevertheless refuse to consent without making evident sensations which he was anxious to conceal.
Long before Billy reached the village, however, the news of his danger, and of Nattys disrespect of the law, and of Hirams discomfiture, were in circulation. A good deal was said about sending for the sheriff; some hints were given about calling out the posse comitatus to avenge the insulted laws; and many of the citizens were collected, deliberating how to proceed.
He has committed these acts of hostility notwithstanding Major Van Vliet, an officer of the Army, sent to Utah by the Commanding General to purchase provisions for the troops, had given him the strongest assurances of the peaceful intentions of the Government, and that the troops would only be employed as a posse comitatus when called on by the civil authority to aid in the execution of the laws.
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