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deputies, of arresting Messrs. Valiant and Young, the Sheriff
himself was arrested because the Judge heard a noise over-
head and the State's Attorney got a little excited and nervous
(1st Tyler, 444.)

When the sheriff reached the court room he was astounded
to find that he had been arrested on a charge of riot. A more
peaceable assemblage of persons summoned by the sheriff in
obedience to law, and bound to attend, could not have been
found. According to the evidence there was not the slightest
tumult in the sheriff's office nor in its surroundings, until
the police force came there, and then no resistance was made
to them. Some few remonstrated, and said to the police of-
ficers, "do not interfere with us, we have just been sworn in
as conservators of the peace." But the police, with their ba-
tons and billies soon disposed of the unarmed and unresisting
posse.

The judge then required of the sheriff bail in the sum of
$5,000 to answer the charge of riot, without a particle of evi-
dence before him to justify the outrage. Having this officer
before them, and without any evidence or any oath, the judge
then passes the most extraordinary order on record. This
petty magistrate of a police force attempts to settle the ques-
tion of the appointment, of the police commissioners, and who
are entitled to hold office. This magistrate, not competent
according to the Constitution of the State, to determine the
law in a case of the larceny of five dollars, for, according to
the Constitution, the jury is made sole judge of the law of
criminal cases—erects himself into a court of equity, with
power to issue an injunction or to grant a mandamus.

We have heard a great deal of talk about riot and danger,
and the peaee of this great city, but as yet we have seen no
one, except Mr. Maund and Mr. Stirling, who appears to
have had the slightest fear of a riot in the city. Their efforts
to get up the idea of danger and tumult and fear, have utter-
ly failed; they have not been sustained by the proof before
your Honor. Why, then, was this order passed?

The sheriff had received an order from the commissioners
newly appointed to summon a posse comitatus for the preser-
vation of the peace and quiet of the city, and for no other
purpose. Every man summoned was sworn to preserve the
peace, and aid in maintaining the quiet of the city.

Was the Sheriff right in obeying the order directed to him?
This, of course, depends on the authority of the commission-
ers. Were they authorized to issue the order ?

The commissioners appeared before the Sheriff with their
commission, sealed with the great seal of the State, and he
was made acquainted with the fact that they had qualified
under it. The great seal of a State proves itself, and by the
law of nations is to be recognized the world over. And is the