Rules of law should be universally known, whatever effect they may have on politics; they are rules of common law, the law of the land; and it is certainly true, that wherever there is an unlawful assembly, let it consist of many persons or of a few, every man in it is guilty of every unlawful act committed by any one of the whole party, be they more or be they less, in pursuance of their unlawful design.  This is the policy of the law; to discourage and prevent riots, insurrections, turbulence, and tumults.

In the continual vicissitudes of human things, amidst the shocks of fortune and the whirls of passion that take place at certain critical seasons, even in the mildest government, the people are liable to run into riots and tumults.  There are Church-quakes and State-quakes in the moral and political world, as well as earthquakes, storms, and tempests in the physical.  Thus much, however, must be said in favor of the people and of human nature, that it is a general, if not a universal truth, that the aptitude of the people to mutinies, seditions, tumults, and insurrections, is in direct proportion to the despotism of the government.  In governments completely despotic,—­that is, where the will of one man is the only law, this disposition is most prevalent.  In aristocracies next; in mixed monarchies, less than either of the former; in complete republics the least of all, and under the same form of governments as in a limited monarchy, for example, the virtue and wisdom of the administrations may generally be measured by the peace and order that are seen among the people.  However this may be, such is the imperfection of all things in this world, that no form of government, and perhaps no virtue or wisdom in the administration, can at all times avoid riots and disorders among the people.

Now, it is from this difficulty that the policy of the law has framed such strong discouragements to secure the people against tumults; because, when they once begin, there is danger of their running to such excesses as will overturn the whole system of government.  There is the rule from the reverend sage of the law, so often quoted before:—­

(1 H. H. P. C. 437):  “All present, aiding and assisting, are equally principal with him that gave the stroke whereof the party died.  For though one gave the stroke, yet in interpretation of law it is the stroke of every person that was present, aiding and assisting.”

(1 H. H. P. C. 440):  “If divers come with one assent to do mischief, as to kill, to rob or beat, and one doeth it, they are all principals in the felony.  If many be present and one only give the stroke whereof the party dies, they are all principal, if they came for that purpose.”

Now, if the party at Dock Square came with an intention only to beat the soldiers, and began to affray with them, and any of them had been accidentally killed, it would have been murder, because it was an unlawful design they came upon.  If but one does it they are all considered in the eye of the law guilty; if any one gives the mortal stroke, they are all principals here, therefore there is a reversal of the scene.  If you are satisfied that these soldiers were there on a lawful design, and it should be proved any of them shot without provocation, and killed anybody, he only is answerable for it.