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862 2. AMERICAN BTATE TRIALS.

to them, whether they have the right to determine the Jaw, ag
well as the fact. In Virginia, an act of the assembly has
adopted the common law of England ; that common law, there-
fore, posseases in this state all the energy of a legislative act.
By an act of Congress, the rales of proceedings in the Federal
courts in the several states, are directed to conform to the
Talea of the states in which such court may be in session; by
that act of Congress, it is therefore provided, that the prac-
tice of the courts of Virginia shall be observed in this court.
To ascertain your powers, therefore, as a jury, we have only
to refer to the common Jaw of England, which has been
adopted in the lawa of this state, and which defines the
powers of juries in the state courts, By the common law of
England, juries possess the power of considering and decid-
ing the law as well as the fact, in every case which may come
before them. I have no doubt but I shall receive the corres-
tion of the court, if I am wrong in these positions. If, then,
8 jury in a court of the state would have a right to decide
the law and the fact, so have you. The Federal Constitution
is the supreme law of the Jand; and a right to consider the
law, is a right to consider the Constitution. If the law of
Congress under which we are indicted, be an infraction of
the Constitution, it haa not the force of a law, and if you were
to find the traverser guilty, under such an act, you would
violate your oaths,

Juvez Cuass. Take your seat, sir, if you please. If I
understand you rightly, you offer an argument to the petit
jury, to convinee them that the statute of Congress, entitled,
«An act, ete.,”? commonly ealled the Sedition Law, is con-
trary to the Constitution of the United States, and, therefore,
void. Now I tell you that this is irregular and inadmissible;
it is not competent to the jury to decide on this point; but if
you address yourselves, gentlemen, to the court, they will
with pleasure hear any reasons you may offer, to show that
the jury have the right contended for. Since I came into
the commonwealth, I understood that this question would be
stirred, and that the power of a jury to determine the validity

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