The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-08-02
RICHMOND. FRIDAY MORNING, AUGUST 2 1905


i'law, they may give a verdict contrary to law,
and contrary 10 the direction of the court; and
the courts OF luitice, not having in criminal ca
les, through teIderiefs, enforced the remedy
of new trial, the abufe Of power, thus prac-
tiled IN folne cafes by juries, have reen mn
corrected. No pe,ion can doubt, but thu, u-
resin criminal we'll as in civil cafes oueb. 20
! give their verdict according t. law, and,
/ whenever theY do not, they are anfwerabe
1 to their condolences and to their God how
ever they may be exempt from human puniih-
ment.
! The right of the court to decide the law is
the Fame in criminal as in civil cafes. IF there
Is demurrer to an Indictment, the court de-
cIdss without the intervention of Jury. If
there is demurrer to evidence, the court de-
cides the law-fp if a fpecial verdict is found,
which may be found in criminal, as well as i'm
a civil fOit. - IA
! The pozver of the jury, as lave before fa;d,
to decide sainit law, doth not give them the
right, any more than the ,ss.ver of a perfon to
knock down man weaker than himieif gives
him the right 70 to do. And if iures in any
cafe, knowingly give pefdiSi contrary 70 the
law initead of acting im9ar1ia!ly which is
the duty of jury, they act with eTi,ainaiSnrfi-
zlity.
! So great is the difference of fentiment be-
tween the honorable MANAGERS, and iome Of IA.
witneiles, who have been examined on this tri-
al, and nyfef, upon the right of ;uries to de-
eide the law in criminal cafes that in coufirma-
ton OF my own fentiments, and TO convince this
honorable Court that do not with 10 ifnpois:
upon them, hope i},all be INDUCED in rra-
u'ng to them very refbeefabIe authority upon
this fuhjeGt. 1t will be found in Co. Lit IS, as
follows:
| The moA ufual trial of matters of fact, is
by twelve .nch men; for al yaeeionenr t4t7ino7
Tflpondent iXdiee5 and matters in law .he iudr-
.es ought tn decide and difcufs for, I'D greQi-
onem jariS non respondent iura!oreJ." Upon
this is the following notes
his deeaztatani, as Lord Chief ;uflice
vaughan cailsit on account of its frequency in
the books, about the reflective provinces of
Judge and Jury, hath, fncc Lord Coke's fine.
become the fnbiect of very heated controversy
especially on profecutions for fate bels; fone
aiming to render iuries wholly dependent on
) the Judge for matters of law, and Others con.
tending fornearlya complete and unqualified
Independence"
J In refpect to my own ideas on this fubieSf,
lays MIR. Hargfave, they are at prefent to this
efeet.
On the one hand, as the Jury may as often
as they think fit. find general verdict, there
tore think it objectionable, that they 70 far may
decide upon the law AS wen as fact, fuch YER
''S' HSSStdtIv involving p''tn. an TINS nave
the authority of Littleton himfelf who writes,
that if the ineueft will take upon them the
knowledge Of the law upon the matter, they
i may sire rneir verdict generally:
- But on the other hand think il feems
Clear that quefions of law generally and more
properly belong to the judges and that exch.
lively Of the ftneG of having the law e9pound
ed oy thoie who are trained to the knowledge of
~ by long ftndy and practice, this appears from
+, various confiderations
lit. If the party litigating, agree in their
tacss' the caufe can never go to jury, but is
tired on demurrer it being a rule, and be-
llieve without exception, that ifines in law are e.
yer determined by the judges, and only iaues
or fact are tried by jury.
Cd. Even when an iilue in fac il Joined,
and comes before Jury for trial, either party,
ny demurrDg to evidence, which includes an
admIiiian of the facf to which the evidence an.
plies, may 70 far draw the caufc from the cog.
n'zance ofthe jury, for in that cafe the law is
| reierved for the decihon ofthe courtroom which
the iiine OF the fsct comes, and the Jury is eli
fber discharged, or at the utmoa, only afcer
tains the damages.
Sd. The juryis fuppoEed TO be 70 made
/ quate TO Hiding out the law, that il is ;nciuu
bent upon the judge who prefiies al the trial,
ltolnform them what the law is and as a
check to the judge in the dicharge of his duty.
either party may, under the lfatutc of Welt
miniter, the Cd. c. 81. make bis exception in
writing to the Judges direction, and inforce its
beng made part oftherecord, 70 as afterwards
to found error upon It.
4th. The jury is ever at liberty TO give 4
ipecial verdict, the nature of which is to find the
fact at large, and leave the conclrfion of law TO
the Judges ofthe court from which the ifie
comes. Formerly indeed it was doubted, whe-
Their N certain cafes inwhich the ifTue was of a
very limited and reflraned kind, the Jury was
not bohnd TO find a general verdicf, But
the contrary was fettled in Dowman's cafe,
9. Cooke, IL. b. and the rule no holds bst,,
IN criminal and civil cafes without exception.
5th. Whit atlantis, which tf flbfA in
law were in uie, it was hazardous IN jury 70
ind general verdict where the cafe was doubt.
ful, and they were apprifed of it by the Judges,
becauie if they miaook the law, they were in
danger of an attaint.
:" 9th. Ifthe jury find the fats fpeciaIIv. and
add their conclufon as to the law, IT is not bind
ing on judges, bit they have right to control
the verdict, and declare the law as taey conceive
it to be.
" 9Th. The courts Have long exercifed the
power of granting new trials in civil cafes where
the jury find againt that, which the Judge try
ing the cauie, or the court at large, holds TO be
law mr. yvherr the iurv End 4, ,.re,.,t 1T