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 A Century of Federal Judicature. of the charge, whether either of them ought to be convicted, whether they will be con victed, are matters respecting which I have no responsibility whatever, and I can say with perfect truth, no wish whatever, save that justice will be done. But I desire and in tend, so far as in me lies, to have the law

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administered; if they are not guilty, for their acquital; if otherwise, for their conviction; and I think it will be done with great quiet ness and calmness, and I believe with the same steadiness in their cases as in those of the colored men who are accused of the same offence." In the ensuing trial, in support of

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his refusal to permit the defendant's counsel to argue the constitutionality of the fugitive slave law to the jury, he delivered a masterly opinion on the respective functions of court and jury which demonstrated, at the very outset, his preeminent qualifications for judi cial office. United States v. Morris, i Curtis

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23. His charge to the jury in the case of the United States v. McGlue, i Curtis i, upon the limits and application of the de fense of insanity in cases of homicide, is one of the clearest expositions of this subject to be found in the books. Among the varied topics with which he dealt, his admiralty de