The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1874-07-24

the law as presented to them by the court.
Our attention has been renewedly called to
this subject by receiving a copy of an
opinion of Judge Thomas, then on the
bench of the supreme court of Massachu-
sets, on this subject, which has Just been
reprinted by Lee and Shepard of Boston
The opinion, while sustaining our position
in every respect, was that of a divided court
in some respects, was given under peculiar
circumstances, in reference 10 particular
statute and only defines the rights Of jurors
in criminal cases under that statute. He
holds however, that the statute in question
does not alter their common law preroga-
tves; but before quoting therefrom, it
may be as well TO state the circumstances
under which the statute was passed and
the particular part thereof which was under
is sufficient TO say that the statute was pass
ed in 1866, when the people of Vermont
and Massachusetts were so fearfully exer-
cised in reference to the execution of the
fugitive slave law, and we apprehend that
its intention was to make it easier for jurors
to convict persons, acting under the author
ity of the United States, as kidnappers who
took part in their arrest, etc. The statute
provided, among other things that the jury
shall try according to established forms
and principles of law, all criminal cases
so1 to and of op hn t.ipfr N
ccived the instructions of the court shall
decido in TIER discretion by general verdict
both the fact and tie lao involved in the
issue, or may at their election find a general
verdict"
From the reading of this language there
would seem to be no doubt that it
was the intention of the Legislature
20 make the jury absolute judges of
the law aud facts, without regard to the
opinion of the court or any one else. Two
questions, however, were raised in refer
encc to its construction; one being whether
the statute made new law or was simply
! decaratory Of the common law, and the
| other as the meaning of the words "shall
| try according to established forms and
| principles of law'-it being contended that
/ the meaning of this was that the jury were
! bound to take law rs established Ivy the
| court. Judge Thomas. in the elaborate
| opinion referred to-a copy OF which may
be obtained of Spaulding holds that the
statute quoted is simply dcclaratory of the
! common law as it has always existed in
| Massachusetts, that a jury may find that
an enactment of the legislature claimed to
be law is no law, and that asserted and APP
parently proved facts are not facts. To
use his own language and the same is true
! in Vermont -''hy the common law as used
and 'practiccd on in the colony, province
and commonwealth, the Jury, in criminal
cases, had the rightiul power to decide by
Il general verdict, all questions Of lar
and fact involved in the general
issue'-that Is on plea of not guilty. TIC
this he makes some limitations, which we
will briefly state that they act in a judi
cial capacity and are bound to adhere to
established principles Of law, they declar-
ing what that law is that the instructions
of the court are the usual evidence of what
are the established principles of law, but
that the jury may so far depart from such
instructions as TO acquit a prisoner If they
are satisfied that that is not law which the
court tells them is law and that the jury
cannot disregard the instructions of the
court so as to cOnDict prisoner, but that il
they do the remedy is in the court by grant
Ing a new trial, which they would Away:
do We have already exceeded the space
which we allotted to ourself and will
therefore, leave this interesting pamphlet
for the present. although there are in it.
many citations from the writings and opin
ions of the fathers of the republic which
would prove of interest to our readers
The conclusion of the whole matter is tina
jury may acquit a prisoner in spite of thu
law and the evidence and there is no hell
for it, but if they so convict prisoner thu
court will protect him by granting a new
trial and then ordering his discharge.