This book is included in the US Government: Educational, Informational & Motivational section.
Preface
The duties of juries have been for a
long period so well defined, by the practice of the courts; and modern
juries are so little inclined to assume undue power, that the subject of
this Inquiry has lost much of its interest. But its importance can never
be diminished
Eminent writers have contended for the propriety
of juries showing the most respectful
deference to the advice and recommendation of judges, on points
of law. It is the subject of this Inquiry to demonstrate that, on every
point of law, juries are bound to obey the
direction of the judge presiding at the trial.
The author of Eunomus, or Dialogues concerning the Law and Constitution
of England, has, in a pleasing manner, and by a powerful train of
reasoning, supported the opinion which is advocated in the following
pages. He observes, that the contrary notion has been made use of,
chiefly in the case of libels; and, perhaps, would never have been
contended for as a general doctrine, if it had not been to serve
particular purposes. The only time (he adds) for a calm and
dispassionate inquiry on such points, is when the event is at a
distance, and the voice of faction is silent.
Those persons who may not have access to old law books; or, those who
may feel disinclined to remove the learned dust reposing on the unopened
folios, will, it is hoped, find in the following pages sufficient
materials to enable them to form an accurate opinion on the question. It
is apprehended, that the most satisfactory mode of treating any legal
question is by simple quotations from established authorities; and that
the writer on legal subjects is not justified in offering argument, or
opinion, independently of such authorities. It is in this manner that
the present work has been composed; and its only pretensions, therefore,
to merit, are founded on an anxious desire to perform, with fidelity and
care, a laborious and humble task.
G. Worthington
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