. So if the counsel be to
beat another, and he is beaten to death, the adviser is a
murderer; for having incited another to commit an unlawful
act, he is responsible for all that ensues upon its
execution.

"These illustrations are drawn from cases of felonies,
because they are the most common in the books and the most
striking in themselves; but the principles on which they
depend are equally applicable to cases of misdemeanor. In
all such cases the real question is, whether the accused did
procure, counsel, command, or abet the substantive offence
committed. If he did, it is of no importance that his advice
or directions were departed from in respect to the time, or
place, or precise mode or means of committing it.

"Gentlemen: The events which have recently occurred in this
city, have rendered it my duty to call your attention to
these rules of law, and to direct you to inquire whether in
point of fact the offence of obstructing process of the
United States has been committed; if it has, you will
present for trial all such persons as have so participated
therein as to be guilty of that offence. And you will allow
me to say to you that if you or I were to begin to make
discriminations between one law and another, and say this we
will enforce and that we will not enforce, we should not
only violate our oaths, but so far as in us lies, we should
destroy the liberties of our country, which rest for their
basis upon the great principle that our country is governed
by laws, constitutionally enacted, and not by men.

"In one part of our country the extradition of fugitives
from labor is odious; in another, if we may judge from some
transactions, the law concerning the extradition of
fugitives from justice has been deemed not binding; in
another still, the tariff laws of the United States were
considered oppressive, and not fit to be enforced.

"Who can fail to see that the government would cease to be a
government if it were to yield obedience to those local
opinions? While it stands, all its laws must be faithfully
executed, or it becomes the mere tool of the strongest
faction of the place and the hour. If forcible resistance to
one law be permitted practically to repeal it, the power of
the mob would inevitably become