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

876 XY. ‘AMERICAN STATE TRIALS.

Tf the Constitution of the United States had not given to
the judiciary a right to decide on the constitutionality of
Federal laws—yet if such power could be exercised, it could
not be by # juror, from this consideration—it is a maxim of
law in all the states, that the courts have the exclusive right
to decide every question, aa to the admissibility of evidence
in every case, civil or criminal, whether the evidence be by
act of assembly, or by deed, or other writing, or by wit-
messes,

Jupez CHase concluded with observing, that, if he knew
himself, the opinion he had delivered and the reasons offered
in its support, flowed not from political motives, or reasons
of state, with which he had no concern, and which he con-
eeived never ought to enter courts of justice, but from a
deliberate conviction of what the Constitution and the law
of the land required. I hold myself equally bound to sup-
port the rights of the jury, as the rights of the court. I eon-
sider it of the greatest consequence to the administration of
justice, that the powers of the court, and the powers of the
petit jury, should be kept distinct and separate. I have
uniformly delivered the opinion, ‘‘that the petit jury have a
right to decide the law as well aa the fact, in criminal cases ;’”
‘but it never entered into my mind that they, therefore, had
a tight to determine the constitutionality of any statute of
the United States. It is my duty to execute the laws of the
United States with justice and impartiality, with firmness
and decision, and I will endeavor to discharge this duty with
the assistance of the Fountain of wisdom, and the Giver of
all human reason and understanding,

THE VERDICT AND SENTENCE.

After two hours, the jury returned with a verdict of guilty,
upon which the court sentenced the defendant to a fine of
two hundred dollars, and an imprisonment of nine months.