The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1850-12-26
JUDGE ANTHosY,s CHARGE.


We publish on our first page to-day the
charge of the Court in the Crandal case
II is fair and impartial review Of the whole
trial andfor matter prompted nddigested'
in the excitement and mental agitation of
an important criminal trial, it will do the
Judge good credit.s ln legal point OF view,
il is worthy the successor of Judge Lewis !.
unless, perhap9h-. the profession might
desire it the deGnaiion of that almost indef-
ineable thing d reasonable doubt.
We feel certain that the charge win have
for our readers sufficient interest to pav us
for the paips we have taken to give a fair
report. The following is the opinion of
Justice Story referred to in the charge, upon
the extent of The jury's dominion in a GRIM
inal case over questions of law. We find
it in Wharton's Criminal Law $40, n. s.
Before proceed" said he, ITO the mer-
its of this case, wish to say few words
upan point suggested by the argument of
the learned counsel for the prisoner, upon
which | have had decided opinion during
my whole professional life. 1t is. that in
criminal cases. and especially in capital ca
ses, the jury are the judges of the law, as
well as Of the fact. My opinion is, that the
jury are no more judges of the law in a
capital or other criminal case, upon the
plea Oh notguilty, than they are in eve efy
civil case, tried upon the general issue. In
each of these cases their verdict, when gen.
eral, is Iiece:ssnflysc yscumpoundesi Of law and
OF fact ; and includes both.' In each, they
mus. necessarily determine the law, as we'll
as the TACT. In eseh they have the physical
power to disregard the law as laid down 10
them by the court. But deny that, in any
| case, civil or criminal, they have the moral
right to decide the law according TO their
own notions or pleasure. On the contrary,
hold it the most sacred constitutional right of
every party accused of a crime, that the jury
should respond as to the facts, and the court
as to the law. II is the duty of the court 10
instruct the jury as TO the law; and il is the
duty of the jury to follow the law, as it is
laid down by the court. This is the right of
every citizen; and il is bis only protection.
If the jury Were at liberty TO setle the law
for themselves, the effect would be, not on
ly that the law Itself would be most uncer-
tain from the different views, which different
juries misAessasef- Ii; ba, in case of error,
there would be no remedy or redress by the
inJurec party, for the court would not have
any right to review the law, as it had been
settled by the jury. Indeed it would be
most impracticable TO ascertain what the law,
as settled by the jury, actually was. On the
contrary, if the court should err in laying
down the law to the jury, there is an ade-
quate remedy for the injured party, by
motion for new trial, or writ of error, as
the nature of the jurisdiction of the particu-
lar court may -equire. Every person accueed
as criminal has right 10 be tried accor-
ding TO the law of the land, the fixed law
OF the land and not by the law as jury may
understand it, or choose, from wantonness,
or ignorance, or accidental mistake, TO inter-
pret il. If thought that the jury were the
PrePoS i<sgesss N. Ies~, la orraainal cases,
] should hold it my duty TO abstain from the
responsibility of stating the law to them
upon any such trial. But believing, as do,
that every citizen has right to be tried by
the law. and according to the law that it
is his privilege and ruest shield against op.
preston and wrong; feel it my duty to
state my views fully and openly ON the pres.
ent occasionP