2. Arson is the willful and malicious burning of the dwelling house of another.7

73

These offenses, as we shall see when we come to treat of them, have been very much enlarged by statute in all jurisdictions.

23. Offenses Especially Affecting the Commonwealth and the Government-In General.

In one sense, all offenses affect the commonwealth or government. It is only upon this theory that any act is punished by the state. There are some offenses, however, which especially affect the commonwealth,—that is, the whole community, rather than any one individual, as (1) offenses affecting the administration of public justice, (2) offenses affecting the public peace, (3) offenses affecting the public trade, (4) offenses affecting the public health and comfort, (5) offenses affecting the public morals or sense of decency, and (6) offenses directly affecting the administration of government.74

24. Offenses Affecting the Administration of Justice,

The public is clearly injured by acts cor

73 4 Bl. Comm. 221; post, § 410.

7+ See 4 Bl. Comm. 127 et seq; Steph. Dig. Crim. Law, 36 et seq.

rupting or obstructing the administration of public justice, and therefore the common law punishes as a misdemeanor any willful and corrupt act having this effect or tendency. For this reason, it punishes the compounding of felonies, or agreements not to prosecute therefor, bribery of judicial officers, bribery of jurors, or otherwise tampering with them, champerty and maintenance, perjury, obstruction of officers in the service of process, etc.75

25. Offenses Affecting the Public Peace.

At common law, any act which in itself amounts to a disturbance of the public peace, or which has a direct tendency to cause a breach of the public peace, is a misdemeanor.76 For this reason, among others, the common law punishes unlawful assemblies, routs,

75 4 Bl. Comm. 127 et seq; Reg. v. Burgess, 16 Q. B. Div. 141; Slomer v. People, 25 Ill. 70, 76 Am. Dec. 786; State v. McNally, 34 Me. 210, 56 Am. Dec. 650; State v. De Witt, 2 Hill (S. C.) 282, 27 Am. Dec. 371; State v. Keyes, 8 Vt. 57, 30 Am. Dec. 450; post, §§ 430-444.

76 4 Bl. Comm. 142 et seq.; Henderson v. Com., 8 Grat. (Va.) 708, 56 Am. Dec. 160; State v. Burnham, 56 Vt. 445, 48 Am. Rep. 801; State v. Jasper, 4 Dev. (N. C.) 323; State v. Huntly, 3 Ired. (N. C.) 418, 40 Am. Dec. 416.

riots, affrays, disturbance of public assemblies, prize fighting, etc.; 77 and because of the tendency to cause breaches of the peace, it punishes various acts of malicious mischief,78 libel,79 certain kinds of disorderly houses,80 etc. The principle is not limited to these specific offenses, but covers any other case in which the public peace is disturbed.81 26. Offenses Affecting the Public Trade.

Among the common-law offenses affecting the public trade, the first mentioned by Blackstone is owling,82 or the transporting of wool

77 Com. v. Hoxey, 16 Mass. 385; State v. Perry, 5 Jones (N. C.) 9, 69 Am. Dec. 768. And see these specific crimes, post, §§ 417-429.

78 Respublica v. Teischer, 1 Dall. (Pa.) 335; People v. Smith, 5 Cow. (N. Y.) 258; State v. Briggs, 1 Aik. (Vt.) 226; post, § 388.

79 Com. v. Chapman, 13 Metc. (Mass.) 68; post, § 428.

80 State v. Buckley, 5 Harr. (Del.) 508; State v. Bertheol, 6 Blackf. (Ind.) 474, 39 Am. Dec. 442; post, § 427.

81 Thus it has been held a misdemeanor at common law to agree to fight. State v. Hitchens, 2 Harr. (Del.) 527. For other illustrations, see State v. Huntly, 3 Ired. (N. C.) 418; U. S. v. Hart, Pet. C. C. 390, Fed. Cas. No. 15,316, and the cases cited post, §§ 417-429.

82 So called because it was usually carried on at night. 4 Bl. Comm. 154.

or sheep out of the kingdom, to the detriment of its staple manufacture.83 Smuggling, or the importing of goods without paying the duties imposed by law, was punished by various early English statutes.84 Fraudulent bankruptcy and usury were punished by early English statutes, and are classed by Blackstone as offenses affecting the public trade.85 In this country they are punished by statute in some jurisdictions. Cheating was also classed as an offense against public trade.86 Forestalling the market, regrating, engrossing, monopolies, exercising a trade without having served an apprenticeship, were all offenses against the public trade, either at common law, or by virtue of early English statutes.87

27. Offenses Affecting the Public Health and Comfort.

Any act injuriously affecting or endangering the health or comfort of the community at large was and still is a com

83 4 Bl. Comm. 154. It was also punished particularly by the statute of 2 Edw. III. c. 1; but it has been since abolished.

84 4 Bl. Comm. 154, 155.

85 4 Bl. Comm. 156.

86 See ante, § 21; post, § 350.

87 4 Bl. Comm. 158; post, §§ 474-481,

mon nuisance, and a misdemeanor at common law. Thus, it is a misdemeanor to expose a person having a contagious disease in such a way that other members of the community may be infected, to sell unwholesome provisions, to conduct a dangerous or noxious business in such a way, or at such a place, as to endanger the life or health of the other members of the community, or, subject to limitations, so as to interfere with the comfort of the other members of the community.88

28. Offenses Affecting the Public Morals or Sense of Decency.

"Immorality" and "crime" are by no means convertible terms. The law does not undertake to punish a man merely because he is immoral. There must be something more. There must be injury to the community at large. A man may be grossly immoral in his private life, without being responsible to the criminal law, unless his conduct is covered by some statute.89 Public immorality, however, because of the tendency to corrupt the

88 4 Bl. Comm. 161 et seq.; Anon., 12 Mod. 342, Beale's Cas. 843; Rex v. Burnett, 4 Maule & S. 272, Beale's Cas. 104; post, § 445 et seq.

** Anderson v. Com., 5 Rand (Va.) 627, 16 Am. Dec. 776, where it was held in effect that fornica