A

MEMOIR

OF

BENJAMIN ROBBINS CURTIS, LL.D.

WITH SOME OF

HIS PROFESSIONAL AND MISCELLANEOUS
WRITINGS.

EDITED BY HIS SON,

BENJAMIN R. CURTIS.

VOL. II.

BOSTON:

LITTLE, BROWN, AND COMPANY.

1879.

Entered according to Act of Congress, in the year 1879, by

BENJAMIN R. CURTIS,

In the Office of the Librarian of Congress at Washington.

UNIVERSITY PRESS:
JOHN WILSON AND SON, CAMBRIDGE.

CONTENTS OF VOLUME II.

A BOWDOIN PRIZE DISSERTATION

Written at Harvard College in 1828. "How far may Political Igno-

rance in the People be relied on for the Security of Absolute Gov-

ernment in Europe?"

A BOWDOIN PRIZE DISSERTATION

Written at the Law School of Harvard University in 1830. "The

Present Character of the Inhabitants of New England, as result-

ing from the Civil, Literary, and Religious Institutions of the First

Settlers."

PAGE

1

13

ADDRESS DELIVERED AT DEERFIELD

39

An Address delivered at Deerfield, Mass., February 22, 1832, being

the Centennial Anniversary of the Birthday of Washington.

ASA OLMSTED versus DANIEL WELLS

62

Action for a Libel. - Brief for Argument for Defendant.

THE CASE OF THE SLAVE MED

69

Argument before the Supreme Judicial Court of Massachusetts,

August, 1836.

DEBTS OF THE STATES

93

First published in the "North American Review" for January, 1844.

REFORM OF LEGAL PROCEEDINGS

149

Report of the Commissioners appointed to revise and reform the

Proceedings in the Courts of Justice in this Commonwealth, Janu-

ary, 1851.

UNITED STATES versus ROBERT MORRIS

172

Charge to the Jury in the Case of the United States versus Robert

Morris, before CURTIS and SPRAGUE, JJ., November 11, 1851.

ARE JURIES JUDGES OF THE LAW?

Judicial Opinion on the Question, whether Juries are rightfully

Judges of the Law, in Criminal Cases, in the Courts of the

United States, pronounced in the Case of The United States

versus Robert Morris, October Term, 1851.

GREENE versus BRIGGS

Judicial Opinion on the Constitutional Validity of an Act of the

General Assembly of Rhode Island "for the Suppression of Drink-

ing-houses and Tippling-shops," delivered November Term, 1852.

ON THE OFFENCE OF OBSTRUCTING PROCESS OF THE UNITED

STATES

PAGE

176

191

. 205

A Charge delivered to the Grand Jury of the United States Circuit

Court for the District of Massachusetts, June 7, 1854.

DRED SCOTT versus SANDFOrd.

213

Dissenting Opinion in the Case of Dred Scott versus Sandford, deliv-

ered in the Supreme Court of the United States, March 27, 1857.

EXECUTIVE POWER

306

A Pamphlet first published in October, 1862.

CHARACTER AND PUBLIC SERVICES OF CHIEF JUSTICE TANEY 336

Remarks made at a Meeting of the Boston Bar, October 15, 1864.

Delivered before the Senate of the United States, sitting as a Court

of Impeachment, April 9, 10, 1868.

UNITED STATES versus UNION PACIFIC RAILROAD COMPANY

423

Argument in the Case of The United States versus The Union Pacific

Railroad Company et al., United States Circuit Court, Hartford,

Conn., September 19, 1873.

INDEX TO VOLUME II.

437