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"Within six years after the Constitution was established, the right of the jury, upon the general issue, to determine the law as well as the fact in controversy, was unhesitatingly and unqualifiedly affirmed by this court, in the first of the very few trials by jury ever had at its bar, under the original jurisdiction conferred upon it by the Constitution."... "The report shows that, in a case in which there was no controversy about the facts, the court, while stating to the jury its unanimous opinion upon the law of the case, and reminding them of 'the good old rule, that on questions of fact it is the province of the jury, on questions of law it is the province of the court to decide,' expressly informed them that 'by the same law, which recognizes this reasonable distribution of jurisdiction', the jury 'have nevertheless a right to take upon themselves to judge of both, and to determine the law as well as the fact in controversy."' Supreme Court, Sparf and Hansen v. U.S., 156 U.S. 51, 154-155.(1894), From the dissent by Gray and Shiras.
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