902 Page – American State Trials 1918 Volume X Leo Frank Document

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Here is the translated text as follows:

In the case of American State Trials, the question arises whether juries have the right to determine both the law and the facts. In Virginia, an act of the assembly has adopted the common law of England; therefore, this common law possesses all the authority of a legislative act within the state. According to an act of Congress, the rules of proceedings in the Federal courts in various states are directed to conform to the rules of the states in which such courts may be in session. By that act of Congress, it is provided that the practice of the courts of Virginia shall be observed in this court.

To ascertain your powers as a jury, we need only refer to the common law of England, which has been adopted into the laws of this state and defines the powers of juries in the state courts. Under the common law of England, juries possess the power to consider and decide both the law and the facts in every case that comes before them. I am confident that the court will correct me if I am mistaken in these assertions. If a jury in a state court has the right to decide the law and the facts, then so do you. The Federal Constitution is the supreme law of the land, and the right to consider the law includes the right to consider the Constitution. If the law of Congress under which we are indicted is an infraction of the Constitution, it does not have the force of law. If you were to find the defendant guilty under such an act, you would be violating your oaths.

Judge Chase interjected, "Please take your seat, sir. If I understand you correctly, you are presenting an argument to the petit jury to convince them that the statute of Congress, entitled 'An Act, etc.,' commonly known as the Sedition Law, is contrary to the Constitution of the United States and therefore void. I must inform you that this is irregular and inadmissible; it is not within the jury's competence to decide on this point. However, if you address the court, they will gladly hear any reasons you may offer to show that the jury has the right you contend for. Since my arrival in the commonwealth, I have understood that this question would be raised and that the power of a jury to determine the validity of a law would be discussed."

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This version clarifies the text and organizes it into coherent paragraphs for better readability.

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