11 May 1808

I. Reasons

Ch.V. Advantages

§.2. Law from Fact

continued

10. Here then at any rate is no separation made of the law question, the question of fact and the question of law. Pronouncing concerning the matter of fact, the act which they say has been committed, they pronounce in the same breath and in and by the same words concerning the matter of law: they declare what in their opinion the law on which the plff. has demand is grounded on. viz. a rule of law, of which the fact in question is a violation.

12. Suppose the decision to be in favour of the defendant, as little as by the decision on this side is any such separation made, as by a decision on the other. In this case Not Guilty are the words of it. Here no such separation is made, for in this formulary two opinions are indistinguishably involved. The law is not such as has been supposed on the plaintiff's side: or the matter of fact has not been such as has been supposed on the plaintiff's side. Of these two so perfectly distinguishable propositions one or other or both are delivered: but from the import of the words it is never possible to say which: since they are every one of them equally sufficient to warrant the practical conclusion drawn from them.