THE CHANCELLOR'S CASE.—1 BLAND. 579

parison will afford one, among the many proofs, that might be ad-
duced.

In the Colonial Declaration of Rights of the 14th October, 1774,
among other things, it was declared, "that the respective colonies
are entitled to the common law of England, and more especially
to the great and inestimable privilege of being tried by their peers
of the vicinage, according to the course of that law. That they
are entitled to the benefit of such of the English statutes as existed
at the time of their colonization; and which they have, by expe-
rience, respectively found to be applicable to their several local
and other circumstances." By the third Article of the Declara-
tion of Bights of this State, it is declared, "that the inhabitants
of Maryland are entitled to the common law of England, and the
trial by jury, according to the course of that law, and to the benefit
of such of the English statutes as existed at the time of their first
emigration, and which by experience have been found applicable
to their local and other circumstances."

This coincidence, of sense and language, could not have been
merely accidental; it therefore proves, that those several antece-
dent declarations of the rights, and of the independence of the
people of this country, were the sources whence many of the pro-
visions of the Maryland Declaration of Rights were almost literally
taken; that the complaints of the grievances, arising from a de-
pendent and subservient judiciary, as expressed in the previous
Declarations of 1765, of 1774, and of 1776, were then actually be-
fore the Maryland Convention; and, that the judicial independency,
spoken of in our Constitution, was intended to be analogous to,
but more perfect, than that specified in the English statute of
1700, which had become so well understood, and was so solemnly
and generally approved. In a word, it is manifest, from all the
public acts, discussions and circumstances of those times, that the
thirtieth Article of our Declaration of Rights must be regarded
as the condensed expression of those opinions and principles, rela-
tive to judicial independency, to establish and sustain which all
united America fought, bled and triumphed.

Such is the history of this provision of our Declaration of Rights,
relative to judicial independency. Let us now attentively consider
* the article itself; first as relates to its general character,
and then analyze and investigate its several parts. The 618
Article is in these words:

" That the independency and uprightness of Judges are essen-
tial to the impartial administration of justice, and a great security
to the rights and liberties of the people; wherefore, the Chancel-
lor and all Judges ought to hold commissions during good behavior;
and the said Chancellor and Judges shall be removed for misbe-
havior, on conviction in a Court of law, and may be removed by
the Governor, upon the address of the General Assembly; pro-