The Massachusetts spy. [volume] (Boston [Mass.]) 1770-1772, 1772-02-20
From fbs PoLIrIcAL RICHTER.

From fbs PoLIrIcAL RICHTER.
On the PERvERsIcN of LAW from its
CONSTITUTIONAL COURSE.
Lndiqrpu N in ga CiVifatt, qua Lfgibm con.
tnetnv, GjclG a Lfgitus. Legnm Mimi
til Alaejayatm: Lrgpm Inf0P'ffes, TH-
dies. Ciccro pro Clnenfi0.
~ all the grievances under which this
~ nation labours, no one furnlihes a
grearer or more julf caule of complaint, than
The perveriion of law from its equal and con-
ltitutiona courfc. Upon the principles OF
our government, the people have right in
executing no lefs than in making the laws.
But as the minGers CT kings have been per-
petualIy invading the Legislative rights OF the
people, by endeavouring to give our mo-
narchs power which our contribution alb
hors tho dilpeniers ofjuiice in like manner,
and with greater fuccefs, have incroached
on our judicial rights, and have affected to
be coniidered as the interpreters, and not
what they really are, the mere mi1ifsrS Of
the lSsv The verdict Of jury is with
US the only obligatory Interpretation OF
law. The opinion of Judge is Ttfpec-
table, if he be an houef man, but neither
the opinion of a Judge, o. OF any Court OF
Iuaice, was intended to determine aEy liiue.
They may advife, and if their arguments
convince the jury, the jury is in confolence
bound to find as they adyife buti L is the find
ing of the jury which is the determination and
Interpretation of the law. From giving adj
wife, which was their duty, judges and courts
(as iuries have fallen into the iervice of the
loweR of the people) are become powerful
enough to dictate. Yet even where they
exert this power with the higheft hand, the
very methods they have taken 10 eftabhh II,
are proofs againf their right Of ufingit. In
lhofe initances, where the determination OF
the law is in fubHance taken from the people,
Judges have not as yet been hardy enoughto
take away the form, and that torn bears tel
tamony aganf their ulurpations. Special
yerdias and motions for new trial, are the
giezt means by which courts have OF late
years taken the declion out Of the hands
Of the people. Yet fill the record is
made up as determined by the verdict
of jury, not by the opinion Of the court
ftilI the people, if they will exert themieI9es,
have an acknowledged right to find gene
raj verdict, which determines the law and
although the court ihou!d order a new trial,
the Jury on that new trial may find as the
former jury found, and thereby effablifh their
verdict againif the opinion of the court. All
this power which courts and judges arrogate,
of directing juries, and taking from them
the determination of the law, il, it be fairly
examined, is no more than right to adviie,
however arbitrarily that advice may operate
and the people may accept or refule that adj
vice, as their condolences direct them. AT
prefent, they are certainly apt to follow the
advice too implicitly.
This encroachmen, of judges and courts
on the power of juEies in civil cafes, is
great grievance, but much greater in cri-
minaI. Indeed, the Csuie of our complaint
in this relPea, is to be fought for eliewhere,
and higher, no lefs than in judges and courts
of Juice. An Englihman in no criminal
cafe whatever can be found guilty, or puniih-
ed as fuch, but by the verdict of two jurles.
This is 70 eAential part of our contribution,
that the liberty of the fubje6 is violated,
whenever the leaf attempt is made to break