Page:United States Reports, Volume 1.djvu/306

Rh 

1788.

Ingerʃol faid, that,if the Court were of opinion, that he was too late, he fhould not certainly prefs the queftion ; but wave his motion ; which was accordingly done. 

MORGAN verʃus ECKART et al.

MORGAN verʃus BOWER.

N a rule to fhew caufe, why the arrefts in thefe actions, fhould not be fet afide, it appeared, that Eckart, being the Lieutenant of Bucks county, came to Philadelphia in order to obtain from the Executive Council  the commiffions offome Officers of the Militia within his department ; that Bower, being one of the Sheriƒƒ elect of the fame county, came for the purpofe of foliciting his commiffion, and giving the ufual fecurity; and that while here for thefe refpective purpofes, they were both arrefted at the fuit of the Plaintiff.

Tilghman, in fupport of the rule, contended, that the Defendants were privileged from arreft, on account of the public nature of the bufinefs which brought them to Philadelphia ; and ftated, as the great principle upon which privilege and protection are founded, that the rights and intereft of Commonwealth muft, in many cafes, be preferred to thofe of individuals. ''Vin. tit. Priv.'' 84. pl. 1 He then claffed the cafes of privilege under two general pofitions:–1ʃt That where by law it is a man's duty to attend at a particular place, or Court, he fhall be fued there only ; and no one fhall be compelled to undertake any thing inconfiftent with fuch duty, or with his profeffion, in particular cafes. ''Vin tit. Priv.'' 509. pl. 1. ''Cro. Car.'' 585. Sir W. Jones. 462. Stra. 1107. 3 Leon. 149. ''Vin. tit. Priv.'' 513. pl. 8. ''Barn. Notes.'' 200. 378.– And, 2dly. That where a man is under a legal obligation to attend, or where he goes to demand juftice, he fhall not be arrefted at all. ''Vin. tit. Priv.'' 515. pl. 6. Com. 446. 1 Brownl. 15. 2 ''Black. Rep.'' 1113. 1. Atk. 54. Stra. 1094. ''Vin. tit. Priv.'' 512. pl. 18. ibid. 514. pl. 12. 13. ibid. 515. pl. 6.

In the prefent inftances, he urged, that it was incumbent upon the Sheriƒƒ to wait on the Executive Council, as the law required him to give fuch fecurity, as they fhould approve:  And, with refpect to the Lieutenant  of the county, he alledged, if the Court now doubted, they would be fatisfied upon enquiry, that he, likewife was in the profecution of his official duty on the above mentioned occafion.

He then adverted to the impolicy of increafing the jealoufy, that feemed to fubfift already too much, between the city and the remote parts of the State; but this, he predicted as an inevitable and ruinous confequence, if, whenever a countryman came hither upon public bufinefs, he was liable to be arrefted and detained. The city would foon be likened to the Lion's den, towards which innumerable tracts of feet might be traced, ʃed nulla veʃtigia retorʃum. Sergeant