s which I have read to you,
to obstruct, resist, or oppose, or beat, or wound any
officer of the United States, or other person duly
authorized, in serving or executing any legal process
whatsoever, is an offence against the laws of the United
States, and is one of the subjects concerning which you are
bound to inquire.
"It is not material that the same act is an offence both
against the laws of the United States and of a particular
State. Under our system of government the United States and
the several States are distinct sovereignties, each having
its own system of criminal law, which it administers in its
own tribunals; and the criminal laws of a State can in no
way affect those of the United States. The offence,
therefore, of obstructing legal process of the United States
is to be inquired of and treated by you as a misdemeanor,
under the Act of Congress which I have quoted, without any
regard to the criminal laws of the State, or the nature of
the crime under these laws.
"This Act of Congress is carefully worded, and its meaning
is plain. Nevertheless, there are some terms in it, and some
rules of law connected with it, which should be explained
for your guidance. And first, as to the process, the
execution of which is not to be obstructed.
"The language of the Act is very broad. It embraces every
legal process whatsoever, whether issued by a court in
session, or by a judge, or magistrate, or commissioner
acting in the due administration of any law of the United
States. You will probably experience no difficulty in
understanding and applying this part of the law.
"As to what constitutes an obstruction--it was many years
ago decided, by Justice Washington, that to support an
indictment under this law, it was not necessary to prove the
accused used or even threatened active violence. Any
obstruction to the free action of the officer, or his lawful
assistants, wilfully placed in his or their way, for the
purpose of thus obstructing him or them, is sufficient. And
it is clear that if a multitude of persons should assemble,
even in a public highway, with the design to stand together,
and thus prevent the officer from passing freely along the
way, in the execution of his precept, and the officer should
thus
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