Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1868-01-18
ARE JURTES JUDGES OF III LAW IN
CRIMINAL CASES:

Nj. 3
We have changed many OF u first
opinions in the course ofs lifenow some
what long, but never those which We
early entertained, not only in respect OF
the lawful and constitutional right and
b0unden duty Of jurors in criminal cases
TO be the judges Of the law and 70 decide
il according to the mandates Of their
own coDsciences but also as to the abso.
Lutte necessity Of the maintenance inviO-
lste Of that right, 10 the security Of the
liberty and life Of the citizen, snd the
independence Of q free press against the
expressions Of the tyranny whether OF
II despot or Of 6 triumphant faction.
It seems 10 Us that those decisions Of
judges, in the courts OF the States and Of
the United States, which deny this in
valuable right Of jurors, in criminal
cases, TO decide the law, are insolent
usurpations Of power, little less indefen-
sible than those OF the English judges
who fined and imprisoned English jurors
for acquittiRg contrary to their diree-
tons as 10 the law, or against what The
courts deemed the proven facts. The
judges and juries are alike creatures OF
the Constitution, each having an equal
right to decide as to the extent Of the
preTOgRtives conferred upon them when
they were instituted in England. The
Judge has to assume the whole question
~ fz=rnn fw rWNaW - rfr-n a~w- H-1---1,4
n Ell, as to the prerogative Of the jury.
Every jury has the right to say, with
Lord DIGBY on the bill of attAinder
against the Earl Of Strah0rd, in the
House Of Commons, on the 2lst Of April,
164l In prosecution uDon probable
grounds, we are accountable only for our
industry or remissness but in judgment,
we are deeply responsible to Almighty
GoD for its rectitude or obliquity. Ia
cases Of life, the judge is GODS Steward
OF the paTty's blood, and must give a
strict account for every drop" That is
emphatically true OF the jury; and no
charge or direction Of the judge a alb
solve their consciences of that tremen-
dous responsibility. Every Juror must
endeavour TO discharge bis duty 4" to
Con and a good conscience" saying to
himself in the words OF the same noble
man, "I do wish the peace OF hat to
myself aud the blessing Of Almighty
G0D to me and my posterity, according
a. my Judgment on the life Of this man
shall be -e0nsonant with my heart, and
the best Of my understanding ia all In
tegrity."
II the Jury are not Of right the judges
OF the Law, why IS it that counsel for the
defence cannot be denied the right to
read from the books, and 10 argue the
law Of the case, 70 the jury? In the
United States q. W7s0n and Porter,
Baldlgia 109, in the Circuit Court Of the
United States for Pennsylvania. the
Court said to the jury, Of the counsel 10
the cause /: " In going to the verge Of
their rights, in appealing from the Court
TO the jury, they hare acted ia ne strict
line Of their duty, from which they are
no obligation to depart" In the
case, p. SO, Judge BALDWIN had
said, We have thus stated to you the
OF the case under the solemn duties
and obligations imposed on Us, under
the clear conviction that in doing so we
have presented to you the true test by
you will apply the evidence to the
,ase but you toW distinctly understand
hat you are the judges both Of DE law
md fact IN a criminal case, and are
not bound by the opinion Of the Court :
you may judge for yourselves, and If you
should feel it your duty to differ from US.
you must find your verdict accordingly"
He told the jury that it was proper and
better for the Courts to decide questions
law, and the jury questions Of fact
d but" he said, If you are prepared to
that the law is different from what
'ou have heard from us, you are in the
exercise of q Constitutional right to do
OF
On the second trial the Court urged the
lry to reflect upon the moral obligations
hat ought 70 induce them to take the
~ from the Court out repeated that
hey had the power to decide on the
sw, and were not bound to find sccord-
* to the Courts opinion and he said
Decide on the Law and the facts as
est COMFORTS with your sense Of duty
the public and yourselves act on the
.me rule under which you would be
lided as q Magistrate or Judge on the
9Th and responsibility Of Office. Then
will not err"
In 1856, JAMES IL determined TO exer- :
Sc the power OF dispensing with the $
nglish Penal laws against Catholics. t
Il would have been difficult" saws J
AcAUAEY, "tO find IN all the Inns Of D
,urt y barrister Of reputation to argue Il
defence of q pfer0gative which the Ia
yereign, seated on his throne ia fun
rliament, had solemnly renowned . n
' ysars before. Bat it was not quite II