William Cranch

“ If I thought that the jury were the proper judges of the law in criminal cases, I should hold it my duty to abstain from the responsibility of stating the law to them upon any such trial. But believing, as I do, that every citizen has a right to be tried by the law, and according to the law ”

“ It is easier to create an excitement than to allay it; for every degree of excitement tends to pervert the judgment, to obscure the light of reason, and to sear the conscience. When a mob is once raised, no one can tell where it will end, and all who assisted in raising it are guilty of all the consequences. ”

“ The jury found six of the defendants guilty, and recommended them to the mercy of the court.
When they were brought up for judgment, CRANCH, [**9] Chief Judge, said: "Before passing sentence upon the defendants who have been convicted in the cases of riot, the court has deemed it proper to make a few observations upon the nature and tendency of the offence. Civil society cannot exist without laws to protect the weak against the strong. These laws are of no avail unless supported by the strength of the whole society, or, at least, of a majority. ”

“ Even when an issue in fact is joined, and comes before a jury for trial, either party, by demurring to the evidence, which includes an admission of the fact to which the evidence applies, may, so far, draw the cause from the cognizance of the jury, for, in that case the law is reserved for the decision of the court from which the issue of fact comes ”

“ In favor of this conclusion, the conduct of juries bears ample testimony; for, to their honor be it remembered, that the examples of their resisting the advice of a judge, in points of law, are rare, except where they have been provoked into such an opposition by the grossness of his own misconduct, or betrayed into an unjust suspicion of his integrity by the misrepresentation and ill-practice of others. In [**24] civil cases, particularly, where the title of real property is in question, juries almost universally find a special verdict as often as the judge recommends their so doing ”

“ But the example of such an usurpation of judicial or executive functions, if unpunished, would be far more pernicious to society than the mere act of murder which would have been committed. The reign of terror would have commenced and no one could foresee the extent of its ravages. ”

“ If the jury had found the traverser guilty of passing the note only, he must have been acquitted, because the passing of the note was no offence unless it was "paper currency," or "paper medium evidently intended for common circulation." Is the word bank bill better than note? Does the name, per se, import paper currency without an averment that it was paper currency? It might have been a bank bill, and yet be what the brokers call an uncurrent bank bill, or a bank bill not payable to order, or bearer. ”

“ That to find the defendant guilty under the second count in the indictment, they must believe, from the evidence, that he actually persuaded, and tried to induce three or more persons tumultuously to assemble to break the peace, and do some act of violence.
Mr. Hoban [**3] contended: (1) That the act of violence, intended, must have been perpetrated; and that those only who were present, and did the act, can be found guilty. (2) That if no act of violence was perpetrated, it was no riot. ”

“ It is said that if a man gives a right sentence upon hearing one side only, he is a wicked judge, because [**48] he is right by chance only, and has neglected to take the proper method to be informed; so the jury who usurp the judicature of the law, though they happen to be right, are themselves wrong, because they are right by chance only; and have not taken the constitutional way of deciding the question. "It is the duty of the judge, in all cases of general justice, to tell the jury how to do right, though they have it in their power to do wrong ”

“ No voluntary association of individuals, unknown to the constitution, have a right to make or execute the laws, or to judge, condemn, or punish those whom they may deem to be offenders, and to punish whom they may suppose [**10] the law to be inadequate to, however pure or holy may be their motive ”

“ Hoban, for some of the defendants, moved the court to instruct the jury, that the second count does not state an indictable offence. It charges the defendants with inciting others to insurrection, tumult, and riot. There is no such offence as "insurrection" in this country. "Tumult," is too vague, and so is "riot." ”

“ That the special verdict (in No. 107) is not sufficient to justify a judgment against the defendant, because it does not find that the defendant passed the bank bill mentioned in the indictment. It only finds that the defendant gave, in change to the witness, a half dollar in silver, and two one-dollar notes, which the witness "thought it likely were Maryland notes," and that these notes were passed by the defendant to the witness, "in the manner, and at the time and place stated in the evidence." ”

“ Its title (which may be resorted to, to ascertain the evil which was in the contemplation of the legislature, although it will not restrict the enacting clauses, if they clearly go beyond it) is, "to restrain the circulation of small notes as a currency;" and the enacting clauses forbid the issuing or passing of "any note, check, draft, bank bill, or any other paper currency of a less denomination than five dollars;" ”

“ The more respectable the persons engaged in it, and the more desirable the end to be obtained, the more dangerous is the example; for it good men may use unlawful means to accomplish a [**11] good end, how can wicked men be restrained from using like means for an unlawful end? ”

“ As I said before, they do not know, and are not presumed to know any thing of the matter; they do not understand the language in which it is conceived, or the meaning of the terms. They have no rule to go by, but their affections and wishes. ”

“ All good ends must be pursued by lawful means. The supremacy of the law is the only security for life, liberty, and property."
The defendants, who were convicted, were then sentenced to six month's imprisonment, and to pay a fine of fifty dollars and costs. CITING DECISIONS ( 3 citing decisions )
U.S. CIRCUIT COURT OF APPEALS
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