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.