Page:History of Delaware County (1856).djvu/314

290 HISTORY or the provisions of the act entitled ^ An act to prevent persons appearing disguised and armed/ passed 28tli January, 1845 ; and that such persons, so committing offences subjecting them to punishment in the State Prison, have not been arrested ; thus affording evidence that the power of the county, as faith- fully exerted as the sheriff and his officers could exert it, has been insufficient for the execution of criminal process and the preservation of the criminal law within the county, in cases where the violations of that law have not been attended with consequences calculated to shock the feelings of the citizens, by the imminent danger to, or the wanton destruction of, human life. " The fact that the law makes no provision for mounting the men to be employed by the sheriff as a posse, or guard, or for the payment for the service, or for the subsistence of horses for their use, is stated by him as one prominent cause of his inability to enlist and organize an efficient body of men for the service required. The nature of that service palpably required that a large share, at least, of the sheriff's guard should be mounted, and it is scarcely possible that any mode- rate number of men could have made him an efficient posse, all serving on foot. " In the face of these facts, I cannot entertain a doubt that the testimony presented brings the case fully within the pro- visions of the 19th section of the act of the 15th of April last ; that the execution of civil or criminal process has been forcibly resisted in the county of Delaware : that combinations to resist the execution of such process by force do exist in that county ; that the power of the county has been exerted within the true intent and meaning of the act, and that it is not sufficient to enable the officers of the county having such process to execute the same. " I do therefore, hereby, in conformity with the provisions of the said 19th section of the said act, proclaim and declare the