e, forbidding and punishing
that offence. But if you find (2.) that I obstructed him with only
metaphysical force,--"words," "thoughts," "feelings," "wishes,"
"consent," "assent," "evincing an express liking," "or approbation,"
then it may be doubtful to you whether the law of 1790, or any other
law of the United States forbids that.

2. But if you find there is such a law, punishing such metaphysical
resistance--and the court by the charge to the Grand-Jury seems
plainly of that opinion, which is fortified by the authority of Chief
Justice Kelyng and Judge Chase, two impeached judges--then you will
consider whether that law is constitutional. And here you will look at
two things, (1.) The Purpose of the Constitution already set forth;
and (2.) at the Means provided for by that Power of Attorney. For if
the agents of the People--legislative, judiciary, or executive--have
exceeded their delegated authority, then their act is invalid and
binding on no man. If I, in writing, authorize my special agent to
sell my Ink-stand for a dollar, I am bound by his act in obedience
thereto. But if on that warrant he sells my Writing-Desk for that sum,
I am not bound by his unauthorized act. Now I think there will be
grave doubts, whether any law, which with fine and imprisonment
punishes such words, thoughts, feelings, consent, assent, "express
liking," approbation, is warranted by the People's Power of Attorney
to their agents. The opinion of the Court on such a matter, Gentlemen,
I think is worth as much as Bacon's opinion in favor of the rack; or
Jones's opinion that Charles I. had the right to imprison members of
Parliament for words spoken in the Commons' Debate; or the opinion of
the ten judges that Ship-money was lawful; or of the two chief
justices that the Seven Bishops' Petition to James II. was high
treason; or Thurlow's opinion that a jury is the natural enemy of the
King. Gentlemen, I think it is worth nothing at all. But if you think
otherwise, you have still to ask:--

3. Is this law just? That is does it coincide with the Law of God, the
Constitution of the Universe? There your own conscience must decide.
Mr. Curtis has told you there is no Morality but Legality, no standard
of Right and Wrong but the Statute, your only light comes from this
printed page, "Statutes of the United States," and through these
sheepskin covers. Gentlemen, if your conscience is also bound in
sheepskin you will think as these Honorable Judg