THE CHANCELLOR'S CASE.—1 BLAND. 567
Act in any way touching upon, or exclusively embracing the sub-
ject was, by some unlucky mischance, huddled together at the
close of the session, in a manner exceedingly unfriendly to cairn
deliberation and sound constitutional legislation upon a matter so
vitally important.
These considerations, and the deep interest which the Chancellor
has in having this great constitutional question fully determined,
after the most mature deliberation, have induced him to embrace
the earliest opportunity of laying before the General Assembly all
those circumstances and arguments which might, in any manner,
be likely to aid them in coining to a correct conclusion. The
Chancellor is perfectly confident, that his case, so far as it respects
himself only, will be heard and investigated with as much care,
and as impartial a disposition to do him justice, as would be be-
stowed upon that of any other of the citizens of Maryland. But
upon this occasion, from the peculiar and important nature of his
case, he respectfully asks and hopes for more. He flatters himself,
that every member of the General Assembly will bestow upon it
that close attention which its important bearing upon the inde-
pendency of the judiciary, upon the separation of the departments
of government, and the great interests of the people so very
strongly require, (b)
(b) The injustice done to an individual is sometimes of service to the pub-
lic. Facts are apt to alarm us more than the most dangerous principles,
(Junius Let. 41.) The oppression of an obscure individual gave birth to the
famous habeas corpus Act, 31 Car. 2. c. 2, which is frequently considered
as another magna charta, (3 Bloc. Com. 136.) In. speaking of constitutional
law, we, in this country, always refer to our written constitutions, or funda-
mental laws paramount to legislative Acts. This is a distinction which, as
it has been truly said, is not likely to last long in States where the power of
the Legislature, like that of the British Parliament, is omnipotent, (Coop.
Just. 404.) In Maryland the great facility with which the Constitution may
be altered gives to the General Assembly almost unlimited power in all re-
spects; and particularly over the executive and judicial departments of the
government, and produces too general an indifference to the existing pro-
visions of the Constitution.
In the Virginia Convention of 1829. it was moved, that a clause should be
inserted in the new Constitution providing "a mode in which future amend-
ments shall be made therein," upon which John Randolph, among other
things, said,
"I do not know a greater calamity that can happen to any nation, than
having the foundations of its government unsettled. It would seem as if
we were endeavoring to corrupt the people at the fountain head. Sir, the
great opprobrium of popular government, is its instability. It was this
which made the people of our Auglo-Saxoa stock cling with such pertinacity
to an independent judiciary, as the only means they could find to resist this
vice of popular government. By such a provision as this, we are now invit-
ing, and in a manner prompting the people, to be dissatisfied with their govern-
ment. Sir, there is no need of this. Dissatisfaction will come soon enough.
I foretell, and with a confidence surpassed by none I ever felt on any occa-
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