The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1852-01-07

r;olaff fEfig 6afk.r See sisa. People ).
Psce Bssb. G. r. SO. This position
i most ably sustained b. Judge ApDlsox.
Il r.. IL he charge "a Q. contained - The
Supplements 10 his Reports. = tlis a.
gument<." SAYS = irga wriief. "are
snrh - il i daiEiruIs lar The legal mind 10
resist
1 uould also eall attention 10 the rss-
sansng OF that great and good man and
asle inriss, Jaage Ssaxr. in HE case 81
q. .Sfafes !. Baffisfe. . Levin. II. go.
> wi<h." said he. : to say few wonis
upaa . point suggested hy ihe Argument
81 The learned counsel Cor The prisoner. up
ON which have had decided opinion
during my srhols prgsssioaafiJf. his.
thai in criminal rases. and especially IN
capital cases. The j.ry are HE judges Of
The law a well as Of The fact. My opin-
ion i. that Tie jury are no more The judges
or The Law, in capital and other criminal
, cases, uann lie plea ~ moi guilty, Than
lhey are in esery civil ease. tried upon
The general Issue. In each Of sliese eases
their rer.!iri. when general. il neressasi-
IN compounded IL law and fact. and in.
, rln.ies both. IN esrh They mnsi necessarily
determine The Law A. well a. The facts.
Tn rarh They have The physical poweI 10
disregard tie law as laid dawn 10 them
By lie f'onri. Buf 4 deny that IN alg
eas<. cira or criminal. thy hare The mo-
rel righ 10 decide The fair according "a
their olra mofires or pleasure. On The
contrary. 1 hold il The most sacred rnnsi-
inlional right. 81 every person accused o.
crime, iha, The jury should respond as e
the facts. and The s'ouri a. 10 The law. 4
is the duty Of the Court 10 instruct fh'
jury as 10 ihe iair, and IL is The duty d
!, The jury 10 Joiior The iau as laid dour
by The Court. This is the right Of ese'
~ ciiizen. and !, is his only protection
If lie jury were al liberty 10 settle iit
law fnr themselves. The effect would he
mol only that The law iisflf would b.
mnsi uncertain from The different views
which different Juries might lake Of il
bm ia case Of error, there rould be M
. remedy or redress By The injured party
/ for fhe Court rould moi hare amy RICH
10 reverse The lac as IL hal been sefflet
by The jury. Every person accused as !
|. criminal. has right 10 be tried according
10 The law Of ihe:land--ihe fixed law Of il'
land and moi by The law as The jury ma,
understand il, or choose from wanlonnes'
OF ignorance, or accident. 10 interpret Il
Ia I thought iha' The jury were The prope
! Judges Of The law ia criminal cases, slioul'
hold il my duly 10 abstain from The re-
sponsihilily of stating The law I, them
! upon any s ch trial."
. | regard This reasoning as nnanswera
bic. No mans opinion. on legal ques
| lions. is entitled To- more respect. thai
that &c Judge SToRY. lfls fame as Jn
rsl il mol confined 10 The boundary Of hi
/ own country. lie has taken his seat \
mongsi The great. in illa, branch OF sci
ence. Of all countries. Think il ran viii
safety he left. a lifetime task, 10 Vo,
/ PnPuLn" or any other even nDre dlslin-
gui~hci in legal lorc. 10 answpr success
/. fully the argument uf Judge =. Ii il sniI,
his convenience or pleasure lie may g, e
work! As Tor myself beg permission "a
take leave Of the subject.
vOy LEGIS.