clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search		 search for:
clear space
white space
Proceedings and Acts of the General Assembly, 1866
Volume 107, Page 173   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>
clear space clear space clear space white space

1866.] OF THE SENATE. 173
To the President' of the Senate
of MaryIand:
Sir: I have the honor to acknowledge the receipt of a letter,
of which the endorsed is a copy, purporting to come from a
Committee of the Seriate.
I cannot admit the right of a.Commttee of the Senate to
inquire of the Judges of the Courts, the reasons for their
judgments in cases, which are or have been depending before
them.
Of the three cases concurring, of which inquiry is made in
this letter, two have been argued and submitted to the judg-
ment of the Court; but not decided, while the other is await-
ig the return of witnesses whose testimony is deemed ma-
terial by the petitioners.
It is not the privilege of the Senate, I submit, to know the
opinion of the Court in. these cases before the parties to the
cause andl the counsel who argued them, know it.
The Criminal Court of Baltimore has issued, and will con-
tinue to issue writs of habes corpus in every case where a
party alleges illegal confinement, and states the facts requir-
ed by the Code in his petition.
The writ of habeas corpus is a writ of right. It is the
cheap and swifti process of the law, which, guarantees the lib-
erty of the citizen. It, is imperative upon every judge by the
Iaw of Maryland, to issue it immediately upon application,
and I am not aware that the Court of Appeals ever made any
decision to the contrary, as your Committee seem to suppose.
The only way to determine the propriety or impropriety
of its issue, is upon. hearing, and to have such hearing the
parties must be brought before the Court, at, however,
"great expense or inconvenience."
If the member;; of the Senate desire to know the judgment
of the Criminal Court of Baltimore in any case heretofore de-
termine by that Court, I. .suggest an application to the
Clerk of the Court for a record of proceedings in such case.
I am not aware that the judgment of this Court, in any
case tried before it, has been reversed in appeal by the Court
of Appeals, on the contrary the judgments of this Court have
always been affirmed.
If it should, happen to the contrary, hereafter, in answer to
the very indelicate interrogatory of this Committee. I answer
I should submit to the better judgment of that Court, with
that obedience, its appellate character requires, and with the

  		clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Proceedings and Acts of the General Assembly, 1866
Volume 107, Page 173   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.

Tell Us What You Think About the Maryland State Archives Website!

An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  Cannot perform flastmod(): Win32 Error Code = 2

Maryland State Archives