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JAMES THOMPSON CALLENDER. 863

or nullity of a law would be urged. I have, therefore, de-
liberately considered the subject, and I am ready to explain
my reasons for concluding that the petit jury have not a
right to decide on the constitutionality of a law, and that
such a power would be extremely dangerous. Hear my words:
I wish the world to know them—my opinion is the result of
mature reflection,

[Here the Jupaz then read part of a long opinion, to show
that the jury had not the right contended for; after which,
he told the counsel for the traverser that he would hear with
pleasure any arguments which econid be urged to show that
he was mistaken.]

Mr. Wirt. I shall state to the court, in a few words, the
reasons which have induced me to ascribe this right to the
fury. They are sworn to give their verdict according to the
evidence, and the law is evidence; if the jury have no right
to consider the law, how is it possible for them to render a
general verdict? Suppose, for example, an indictment for
amurder—how can the jury pronounce a verdict of guilty, or
not guilty, if they have not the right as well of ascertaining
whether the facts have been committed, as whether they
amount to a breach of law? This doctrine is too clearly es-
tablished to require the sid of authorities.

Joupex Case. No man will deny your law—we all know
that juries have the right to decide the law, as well as the
fact—and the Constitution is the supreme law of the land,
which controls all laws which are repugnant to it.

Mr, Wirt. Sineo, then, the jury have a right to consider
the law, and since the constitution is law, the conclusion is
certainly syllogistic, that the jury have a right te consider the
Constitution,

Jonas Case. A non sequiter, sir.

Mr, Nicholas. I am so much under the influence of duty
that, though I am in the same situation with the gentleman
who preeeded me, and though the court seem to be impressed
with the opinion, that the jury have no right to determine
on the constitutionality of an act of Congress, yet, arduous

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