“A man
has a right to keep whatever arms he pleases in his house, and to
introduce men to use them. And he can take them when he pleases, whether
he apprehends danger or not. This is a freeman’s privilege. Any man who
cannot arrest another in the perpetration of a felony, has a right to
take his life, as a measure of necessity.”–Chief Justice John Bannister
Gibson, Pennsylvania Supreme Court [Indiana State Sentinel, Indianapolis, January 2, 1845. Volume IV – Number 28. Pg. 4]
The Chief Justice had also stated:
"Now, in questions of this sort, precedents ought to go for
absolutely nothing. The constitution is a collection of fundamental
laws, not to be departed from in practice nor altered by judicial
decision, and in the construction of it, nothing would be so alarming as
the doctrine of communis error, which offers a ready justification for
every usurpation that has not been resisted in limine. Instead,
therefore, of resting on the fact, that the right in question has
universally been assumed by the American courts, the judge who asserts
it ought to be prepared to maintain it on the principles of the constitution."--Chief Justice John Bannister Gibson, in dissent in Eakin v. Raub, 12
Sergeant and Rawle 330, Pennsylvania 1825.
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