must do, as he had found his as a magistrate was illegal, and therefore that it was a false committal. replied “You have the Carthage Greys at your command.” Captain Smith therefore commanded his “Greys” to execute and carry into effect his illegal mittimus as a magistrate; thus practically blending the civil and military in the same person, at the same time; and the prisoners were violently and illegally dragged to jail without any examination whatever, while his was in the adjoining room to that from which they were thus taken. So much for his professions that the law must be executed.
Thus a justice of the peace, acting as a military officer also, by virtue of his commission as such, orders his command to appear under arms, and to incarcerate the prisoners whom he had just before ordered the to commit to jail by mittimuswithout having them brought before him for examination; and the , having been himself at one time a judge upon the bench, knew and well understood the illegality of the above proceedings. He also well knew that military power and authority had been used [p. 23]