State of Georgia v. Brailsford, et al., 3 U.S. 1 (Dall.) (1794)

                 Commentary by Jon Roland

This is the first Supreme Court case which recognized and established the 
principle that in a jury trial the jury has the right and duty to judge the 
law as well as the facts in a case, which was later to be undermined by 
Sparf v. U.S.[1] The key quote is:

     ... on questions of fact, it is the province of the jury, on
     questions of law, it is the province of the court to decide. But
     it must be observed that by the same law, which recognizes
     this reasonable distribution of jurisdiction, you have
     nevertheless a right to take upon yourselves to judge of both,
     and to determine the law as well as the fact in controversy. On
     this, and on every other occasion, however, we have no
     doubt, you will pay that respect, which is due to the opinion of
     the court: For, as on the one hand, it is presumed, that juries
     are the best judges of facts; it is, on the other hand,
     presumbable, that the court are the best judges of the law. But
     still both objects are lawfully, within your power of decision.
     -- Chief Justice John Jay.



1. Sparf & Hansen v. United States, 156 U.S. 51, 64 (1895).




