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

ia Fioszt0I q - Fears aa,i Nftaff. ee
.gtags j he sepresenlasise - llsai ssw.
lie. undes he Constitution and Lass. 4 j
is rishlful espanadrr. Ifhe effs. sisl.ef
through igaorzare. - undrf he lnan<ner
&c eanpi motives. lhese l. ssall higher
Tribunal. 20 which The defendant. wfoag-
halls rnntirsr.l. mays appeal
lsaa - r.sse eoncrded .lur The sake 81
.scumsrnl ,l.as there i nothing in our coa-
ssilusion AMI Sale laws whirh adds
strength 20 The position taken, sill il lsl
Submitted. slsas the ms approved devils
joins II alIler cauns and ihr higlesi lads
rial an.I.oriiies ale sgainss ihe light % The
Jury 10 draefaainc The lar in rfiminzl ca
SEES.
III il sl.alI plainly appear in any Ease.
that Jnrers arr perfectly satisfied II he
ru Il II f.cl. wl.rsenpan they declare ~
The t.aurs. that They find il in such parsie-
ular mannrs. aud lie cuurl directly tell
them. that upon The fari So found she Judg.
meni ar ihe law Is such or such. and
iler l.,rr lllsy ought 10 give syerdlei ac-
enrsliaely. ,rl illes al,slina'rly insisin
sersllri contrary ~ snrh dlferiIan. y
seems agreeable ~ NE general rrss"n q
lie Inv. lila, thr jafnrs are Unable ~ INC
Court. in snch earr. unless an asialnl
lies age,nst them. faI otherwise they
would M, he punishable Tor SO palpahle
4 rsrialily IN iakiag npon them 10 Judge
i 81 matters Of lar. srhich they hare moth
ing 10 do irifh. and are presumed 10 be
ignorant Of. contrary 10 HE express diree.
lion Of one. who By The Law - appointed 10
direct Them in such matters and is pre-
sumed 10 be ri ability 10 do H." y Hawk.
p. g. E. -; 3 IA. Alb. lille Juries. 7S5
/ | do ma, intend ~ 90 into The conlioseI.
81 which arnse 10 England on the deeis-
In 81 LORD MANSFIELD under the mdicl.
meni for libel. agains, The right Of jury
10 determine the l.w. 1, il familiar 10 oil,
\ would onls call attention. in this con-
neclinn. 10 The recently Published opinion
uf Judge CURTIS IN The case OF The UNI
q ted States IS. Norris. lie there saws
.ihe general rule DECLARED IL Rer vs.. fht
Dean Of 81. .asaph. 70 4. II. 3as. thai
; Jurles cannot righ'fullv deri le The law il
/, criminal eases. is still The lar ia Eng
land. AMI may b. seen by reference 10 ,lis
. opinions of Parke ID. in Parmiter ".
Copeland. 10 NJ. q w. los. and Of Best
G. ]. in Leri ". Mime. "A BIng. X
i95 J"
Task attention. 10 few other decisions
IN our own Courts. II is a mistake of
the pari of Tor Popu'i. in stating iliai nll
! The irlal ui Fries fnr treason, Judge Chase
declared il,al The Jury were 10 deri,le u
all criminal eases on The Inv as well as Tho
facts. lie did noi preside Al lha, trial
according 10 my reading. Judges Iretei
and Peters tried him. and though IL il
irne The latter did Law down The principle
that The Jury were Judges Of the law. ye
from The opiniun ol the Turner. 10 which
have been able 10 refer. Il is mol cleaI
that he rainri.led with his associate, How
ever this may be, the question Gas no
Distinctly made. and il is hn, dicfun 81
Judge Peters. IN the trial Of Calender
for se,lrinus libel. Judge Chase dbl say
10 The Jury. thai they had = right To deter
mine The law. as well a. The fact, so iar
as ,lerilin. what was made criminal I'M
der The .sediiinn law" went. because The
law itself had declared in express terms,
that The Jury who Try lhs cause shall
have right ~ determine the ia,r and the
farl. under the direction Of the Court. as
in other cases." But he did mi s'op
there. The Counsel for Calender de-
MED The ronsii'nlinnalny Of Tie Setlinon
law. and insists. The Jury had a RICH. b
pass npon That question. This wa coI's
irverled hy Judge Chase. and IN support
of Ills position he reasoned rs inlloas:
I" All The rights, powers. and duties oil the
pcil J.irv are derived from The t'on.tIln-
non ar Sialnies nf lie United States, or
from some Statute III The Slile. or from the
common Iss which was adopted by the
Federal Gna.iiiWinn 10 lie rase u trial
bs nny IN criminal cases. Ii was nrYer
pretended. as ! ever head before this
l,ae. thai peril jury 10 England from
whence uurrrnman law u drrlvesi.l or ~
any pa,i III tie United Sites ever excr-
rlsri sucl, p,wer. Ii 4 pelil Jury can
rignlnllv exercise this power over onr
Statue nf Congress. they rnuss have an
equal right ii power over any other Sta.
ute.
i III this p,yaF ,c oaee admitted. petit
jules will be supeli tsiile naiaai le-
i gi~lainrr. al lis laws will be subject 4,
their control. The power 10 ahfog tie OF
make laws ntigalarv. Is equal 10 the pow
pr 81 making them. The evident ronsr-
lncnre pl ,l,is ris!,l in j,,fies, will he. thai
law &c 'angsrss will be IN operation in
one Stair. d M, III ano,hcr.' 81.
i This pracrss Of reasoning WAS ais,
adopted hy J.dse CuRTIs wien il Wa
rnalen lei III ilia case II AloRars iliai tie
i jury hal rig!lt 10 decide upon The con-
sli,nlioaalt.y II The Fugitive Slave Law.
Ii appears IL me-, lilatil The hfna,l prln-
l'cipIr il ailni:ied. llai the Julv. IN criminal
casps. have The right Ia determine The
j law. yun c,nn,l shut the d,or Id illell