So, also, if the government may dictate to the jury _what laws they are
to enforce_, it is no longer a "trial by the country," but a trial by
the government; because the jury then try the accused, not by any
standard of their own--not by their own judgments of their rightful
liberties--but by a standard dictated to them by the government. And the
standard, thus dictated by the government, becomes the measure of the
people's liberties. If the government dictate the standard of trial, it
of course dictates the results of the trial. And such a trial is no
trial by the country, but only a trial by the government; and in it the
government determines what are its own powers over the people, instead
of the people's determining what are their own liberties against the
government. In short, if the jury have no right to judge of the justice
of a law of the government, they plainly can do nothing to protect the
people against the oppressions of the government; for there are no
oppressions which the government may not authorize by law.
The jury are also to judge whether the laws are rightly expounded to
them by the court. Unless they judge on this point, they do nothing to
protect their liberties against the oppressions that are capable of
being practised under cover of a corrupt exposition of the laws. If the
judiciary can authoritatively dictate to a jury any exposition of the
law, they can dictate to them the law itself, and such laws as they
please; because laws are, in practice, one thing or another, according
as they are expounded.
The jury must also judge whether there really be any such law, (be it
good or bad,) as the accused is charged with having transgressed. Unless
they judge on this point, the people are liable to have their liberties
taken from them by brute force, without any law at all.
The jury must also judge of the laws of evidence. If the government can
dictate to a jury the laws of evidence, it can not only shut out any
evidence it pleases, tending to vindicate the accused, but it can
require that any evidence whatever, that it pleases to offer, be held as
conclusive proof of any offence whatever which the government chooses to
allege.
Public-domain text, read in full here on John Shaqi.
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