CHAPTER V. OBJECTIONS ANSWERED
The following objections will be made to the doctrines and the
evidence presented in the preceding chapters.
1. That it is a maxim of the law, that the judges respond to the
question of law, and juries only to the question of fact.
The answer to this objection is, that, since Magna Carta, judges
have had more than six centuries in which to invent and
promulgate pretended maxims to suit themselves; and this is one
of them. Instead of expressing the law, it expresses nothing but the
ambitious and lawless will of the judges themselves, and of those
whose instruments they are.[1]
2. It will be asked, Of what use are the justices, if the jurors
judge both of law and fact?
The answer is, that they are of use, 1. To assist and enlighten
the jurors, if they can, by their advice and information; such
advice and information to be received only for what they may
chance to be worth in the estimation of the jurors. 2. To do
anything that may be necessary in regard, to granting appeals and
new trials.
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