910 Slide – American State Trials 1918 Volume X Leo Frank Document

870 X. AMERICAN STATE TRIALS.

Tf any one ¢an be eo weak in intellect as te entertain this
opinion of Congress, he must give up the exercise of the
power, when he is informed that Congress had no authority
to vest it in any body whatsoever; because, by the Constitu-
tion (as I will hereafter show), this right is expressly granted
to the judicial power of the United States, and ia recognized
by Congress by a perpetual statute. If the statute should
be held void by 8 jury, it would seem that they could not
claim a right to such decision under an act that they them-
selves consider ad mere waste paper. Their right must, there.
fore, be derived from some other source.

Jt appears to me that all the rights, powers, and duties of
the petit jury sworn in this cause, can only be derived from
the Constitution, or statutes of the United States made agree-
ably to it; or from some statute of this commonwealth not
contrary to the Federal Constitution or statutes of Congress;
or from the common law, which was adopted by the Federal
Constitution in the case of trials by jury in criminal cases.

It never was pretended, as I ever heard, before this time,
that a petit jury in England (from whenee our common law
is derived), or in any part of the United States ever exer-
eised such power. If a petit jury can rightfully exercise this
power over one statute of Congress, they must have an equal
right and power over any other statute, and indeed over all
the statutes; for no line can be drawn, no restriction im-
posed on the exereise of such power; it must rest in discre-
tion only,

If this power be once admitted, petit jarors will be superior
to the national legislature, and its laws will be subject to their
control. The power to abrogate or to make laws nugatory, is
equal to the authority of making them. The evident conse-
quences of this right in juries will be, that a law of Congress
will be in operation in one state and not in another. A law
to impose taxes will be obeyed in one state, and not in an-
other, unless force be employed to compel submission.

The doing certain acts will be held criminal, and punished
in one state, and similar acts may be held innocent, and even
approved and applauded in another,