ntellectually the ablest, perhaps morally the blindest, who
so charged me with "Perjury," is the Honorable Judge who is to try me
for a "Misdemeanor." Of course he is perfectly impartial, and has no
animosity which seeks revenge,--the history of courts forbids the
supposition!

Such, Gentlemen, are the antecedents of the Hon. Judge Curtis, such
his surroundings. You will presently see what effect they have had in
procuring this indictment. It a sad tale that I have presented. He
told it, not I; he did the deeds, and they have now found words.

* * * * *

Gentlemen of the Jury, I shall next speak of Judge Curtis's charge to
the grand-jury, delivered in Boston, June 7, 1854--only five days
after his kinsman had sent Mr. Burns into Slavery. Here is that part
of the charge which relates to our case.

"There is another criminal law of the United States to which
I must call your attention, and give you in charge. It was
enacted on the 13th of April, 1790, and is in the following
words:--

"'If any person shall knowingly or wilfully obstruct,
resist, or oppose any officer of the United States, in
serving, or attempting to serve, or execute any mesne
process, or warrant, or any rule or order of any of the
courts of the United States, or any other legal writ or
process whatever, or shall assault, beat, or wound any
officer, or other person duly authorized, in serving or
executing any writ, rule, order, process, or warrant,
aforesaid, such person shall, on conviction, be imprisoned
not exceeding twelve months, and fined not exceeding three
hundred dollars.'

"You will observe, Gentlemen, that this law makes no
provision for a case where an officer, or other person duly
authorized, is killed by those unlawfully resisting him.
That is a case of murder, and is left to be tried and
punished under the laws of the State, within whose
jurisdiction the offence is committed. Over that offence
against the laws of the State of Massachusetts we have here
no jurisdiction. It is to be presumed that the duly
constituted authorities of the State will, in any such case,
do their duty; and if the crime of murder has been
committed, will prosecute and punish all who are guilty.

"Our duty is limited to administering the laws of the United
States; and by one of those law