The letter by Mayor Gaynor referred to in Nock's Our Enemy, the State

[ayrnieu]

Nock:

Moreover, it follows that with any exercise of State power, not only the exercise of social power in the same direction, but the disposition to exercise it in that direction, tends to dwindle. Mayor Gaynor astonished the whole of New York when he pointed out to a correspondent who had been complaining about the inefficiency of the police, that any citizen has the right to arrest a malefactor and bring him before a magistrate. “The law of England and of this country,” he wrote, “has been very careful to confer no more right in that respect upon policemen and constables than it confers on every citizen.” State exercise of that right through a police force had gone on so steadily that not only were citizens indisposed to exercise it, but probably not one in ten thousand knew he had it.

The letter is compiled in Some of Mayor Gaynor’s Letters and Speeches, available on Google Books. For convenience, and because the letter is short, it follows:

Every Citizen A Policeman

June 7, 1911

Dear Sir: Your letter of June 7 is at hand. You ask if you could be appointed a police officer to serve without pay for the reason that you see “so many violations of the law, spitting on the bridge platforms and walks, rowdyism in many ways, etc.,” that you would like to have authority to arrest the culprits. My dear sir, let me tell you that every citizen has full legal right to arrest anyone whom he sees committing any criminal offense, big or little. The law of England and of this country has been very careful to confer no more right in that respect upon policemen and constables than it confers on every citizen. You have the same right to make an arrest for an offense committed in your presence that any policeman has. But we cannot all be bothering with making arrests, so we employ a certain number of our fellow citizens for that purpose and put blue clothes and brass buttons on them. But their clothes and their buttons add nothing whatever to their right to make arrests without warrant. They still have only the same right which the law gives to all of us. Be so good as to look at section 183 of the Code of Criminal Procedure, and be convinced of your powers, and then sail right in as hard and as fast as you want to, being careful, however, only to arrest guilty persons, for otherwise your victims will turn around and sue you for damages for false arrest. Policemen have to face the same risk.