You may judge for
yourselves; and if you should feel it your duty to differ
from us, you must find your verdict accordingly. At the same
time, it is our duty to say that it is in perfect accordance
with the spirit of our legal institutions that the courts
should decide questions of law, and the juries of facts. The
nature of the tribunals naturally leads to this division of
powers; and it is better, for the sake of public justice,
that it should be so. When the law is settled by a court
there is more certainty than when done by a jury. It will be
better known and more respected in public opinion. But if
you are prepared to say that the law is different from what
you have heard from us, you are in the exercise of a
constitutional right to do so.

In United States _vs._ Porter (1 Bald., 108), the doctrine was
stated more guardedly, as follows:

In repeating what was said on a former occasion to another
jury, that you have the power to decide on the law as well
as the facts of this case, and are not bound to find
according to our opinion of the law, we feel ourselves
constrained to make some explanations not then deemed
necessary, but now called for from the course of the
defense.

You may find a general verdict of guilty or not guilty as
you think proper, or may find the facts specially, and leave
the guilt or innocence of the prisoner to the judgment of
the court. If your verdict acquits the prisoner, we can not
grant a new trial, however much we may differ with you as to
the law which governs the case; and, in this respect, a jury
are the judges of law if they choose to become so.

In Farmer's trial before the Supreme Court of the State of New
Hampshire in 1821, the Chief-Justice, speaking for the whole
court, told the jury that they were the judges both of the law
and the fact; that

It was the duty of the court to give them proper
instructions and to aid them in forming a correct opinion as
to the law applicable to the case. But if, contrary to his
intentions, any expression should escape him which might
seem to indicate any opinion as to the facts, they must