74

apply here. The conduct of the Governor finds no justifica-
tion. There was no court open in Missouri before which the
case could have been adjudicated. But the courts here are
ever open.

The Judge of the Superior Court could have been applied
to, find from his determination an appeal lies to the Court of
Appeals of this State. Our friends on the other side search
back to the times of the Stuarts, and they admit that, even
in that most degraded epoch of judicial history, they can
find no case which can supply a parallel. The wrongs then
proceeded from the tyranny of the Executives of that age,
sustained by the corrupt judges of their appointment. They
They then strove to suppress the charters and our friends have
not heard of the proposition to suppress the charter of Balti-
more. They would seek by force, disregarding the courts of
law and justice, to execute their purposes, and if the phy-
sical force of Maryland were not sufficient, they were to call
in the army of the United States. They say rightly, no
precedent can be found for such enormities as were attempted
to be perpetrated by these parties. The Criminal Court is
one of exclusive criminal jurisdiction in the city of Balti-
more. I refer to Johnson, 358. The legality of a commit-
ment cannot be inquired into and reviewed. A commitment
in execution is considered and also a commitment at any
stage. The gentlemen concede that after conviction no ha-
beas corpus can be taken out in vacation to review the sen-
tence. Yet, with regard to all mesne process, a judge in
vacation can review them. I refer to 5 Johnson, 289. A
person convicted at Oyer and Terminer, the judgment could
not be controlled by a judge in vacation. The court which
commits has jurisdiction of the case, and that is sufficient.
When a court of record rightfully assumes jurisdiction over
person or property, all other jurisdiction is excluded. It is
equally the rule in civil and criminal cases. The court of
superior jurisdiction issues a capias in debt. The defendant
was committed. He sues out a writ of habeas corpus, and
wished to show that the commitment did not give sufficient
cause for his imprisonment. That is Greerie's case, quoted
by Stockbridge. In the South Carolina case, given in Mc-
Cord's Report, it was determined that the regularity of a
commitment upon mesne process could not be investigated.
The mesne process of a criminal court having exclusive juris-
diction is still more to be respected than in cases of meum and
tuum between citizen and citizen. After a verdict rendered
by the jury below, you have the power to review the facts
upon whch the conviction Vas made. That is the conclusion
to which the argument of the other side leads. Upon what
principle can the commitment of this court of exclusive
criminal jurisdiction be reviewed by your Honor sitting in
in vacation. Where a justice commits a party upon charg