be hindered or obstructed, this would of itself, and
without any active violence, be such an obstruction as is
contemplated by this law. If to this be added use of any
active violence, then the officer is not only obstructed,
but he is resisted and opposed, and of course the offence is
complete, for either of them is sufficient to constitute it.

"If you should be satisfied that an offence against this law
has been perpetrated, you will then inquire by whom; and
this renders it necessary for me to instruct you concerning
the kind and amount of participation which brings
individuals within the compass of this law.

"And first, all who are present and actually obstruct,
resist, or oppose, are of course guilty. So are all who are
present leagued in the common design, and so situated as to
be able, in case of need, to afford assistance to those
actually engaged, though they do not actually obstruct,
resist, or oppose. If they are present for the purpose of
affording assistance in obstructing, resisting, or opposing
the officers, and are so situated as to be able in any event
which may occur, actually to aid in the common design,
though no overt act is done by them, they are still guilty
under this law. The offence defined by this act is a
misdemeanor; and it is rule of law that whatever
participation, in case of felony, would render a person
guilty, either as a principal in the second degree, or as an
accessory before the fact, does, in a case of misdemeanor,
render him guilty as a principal; in misdemeanors all are
principals. And, therefore, in pursuance of the same rule,
not only those who are present, but those who, though absent
when the offence was committed, did procure, counsel,
command, or abet others to commit the offence, are
indictable as principal.

"Such is the law, and it would seem that no just mind could
doubt its propriety. If persons having influence over others
use that influence to induce the commission of crime, while
they themselves remain at a safe distance, that must be
deemed a very imperfect system of law which allows them to
escape with impunity. Such is not our law. It treats such
advice as criminal, and subjects the giver of it to
punishment according to the nature of the offence to which
his