590 THE CHANCELLOR'S CASE.—1 BLAND.

form of Government of the State of Maryland," The manner in
which this new government was organized, and when, and how its
principles began to operate; should also be recollected.

The General Assembly, to be called together under the new
Constitution, and which met, for the first time, on the 5th day of
February,1777, was charged with the creation, and establishment
of the executive, and judicial departments. The Governor and
Council were elected on the 14th February, 1777, but did not
qualify until the 20th of March following. After which, the Coun-
cil of Safety, which had exercised both executive and judicial
functions in co-operation with the General Assembly, was dis-
solved; and, all its authority, except the powers of banishment,
was lodged with the newly formed executive. The Chancellor,
the Judges of the General Court; and of the Admiralty Court;
the justices of the peace; who formed the County Courts; and the
Attorney-General, were appointed by the Legislature on the 3d of
April, 1777. An Act was passed declaring, that the Courts of jus-
tice should be opened on the first of July in the same year; but
the Court of Chancery was not, in all respects, accessible to suitors
until some time after. It was determined, at this first Session of
the Assembly, that the Court of Appeals should be constituted of
five distinct Judges, who, owing to the circumstances of the State,
were not appointed by the Legislature until the 12th of December,
*1778; but the Act authorizing them to appoint their clerk
629 did not pass until the 5th of May, 1780. Hence it was not
until after that period, that the judicial department could be said
to be completely, and in all its branches, prepared and ready for
the administration of justice, (m)

But, this Government was framed during the heat of a most dis-
tressing and perilous war; when the movements of the best estab-
lished political institutions might have been interrupted by the
rude collisions of the times. It could not, therefore, be supposed,
that every principle of the newly written Constitution was, at
once, fully to operate; and, that all its provisions were to be, from
the very outset, exactly observed. Maryland, never having been
the immediate seat of war, during our Revolutionary conflict, had
not felt any of those dreadful calamities, that are always exhibited
on such a theatre. But, the people were exposed to frequent
predatory incursions; and, in other respects, had their full share of
burthens and sufferings.

After the disastrous battle of Camden, when the enemy, flushed
with victory, began his march towards this State, all its energies
were aroused, and all its resources called forth to meet and repel

(m) For what is stated in this paragraph, see the Votes and Proceedings of
the two Houses of the General Assembly; and the Acts of February, 1777,
ch. 8 & 15; October, 1777, ch. 19, and March, 1780, ch. 23.