one of the constituted
authorities of the State, to be used against any law or any
man obnoxious to the interests and passions of the worst or
most excited part of the community; and the peaceful and the
weak would be at the mercy of the violent.

"It is the imperative duty of all of us concerned in the
administration of the laws to see to it that they are
firmly, impartially, and certainly applied to every offence,
whether a particular law be by us individually approved or
disapproved. And it becomes all to remember, that forcible
and concerted resistance to any law is civil war, which can
make no progress but through bloodshed, and can have no
termination but the destruction of the government of our
country, or the ruin of those engaged in such resistance. It
is not my province to comment on events which have recently
happened. They are matters of fact which, so far as they are
connected with the criminal laws of the United States, are
for your consideration. I feel no doubt that, as good
citizens and lovers of our country, and as conscientious
men, you will well and truly observe and keep the oath you
have taken, diligently to inquire and true presentment make
of all crimes and offences against the laws of the United
States given you in charge."[193]

[Footnote 193: Law Reporter, August, 1854.]

Now gentlemen look at some particulars of this charge.

1. "If a multitude of persons shall assemble _even in a public
highway_, with the design to _stand together, and thus prevent the
officer from passing freely along that way_, in the execution of his
precept, and the officer should thus be _hindered and obstructed_,
this would, of itself, and without any active violence, be such an
obstruction as is contemplated by this law." Of course, all persons
thus assembled in the public highway were guilty of that offence, and
liable to be punished with imprisonment for twelve months and a fine
of three hundred dollars: "_All who are present_, and obstruct,
resist, or oppose, _are of course guilty_." Their "design" is to be
inferred from "the fact" that the officer was obstructed.

That is not all, this offence in technical language the Judge calls a
"misdemeanor," and in "misdemeanors," he says, "all are principals."
So, accordingly, not only are all guilty who _actually obstruct_ but
likewise all who are "leagued i