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
Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 218   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

218 CAMPBELL'S CASE.—2 BLAND.

or a sovereignty. For, wherever the law expresses its distrust of
abuse of power, it always vests a superior coercive authority in
some other hand to correct it; the very notion of which destroys
the idea of sovereignty. 1 Blac. Com. 244. Ours is a government
assumed under the authority of the people; it originated from the
people, is founded in compact only, and instituted solely for the
good of the whole; and all persons invested with the legislative
or executive powers of government are the trustees of the public,
and as such * accountable for their conduct. Decla. Rights
232 Maryland, Art. 1 and 4. These are our fundamental axioms
and first principles; consequently, the General Assembly, or all,
or any portion of our government cannot exercise sovereign author-
ity, in any case, over any subject whatever; since it is clear that,
when regarded in this point of view, our whole government must
be considered as strictly limited, as well by its general nature, as
by the special provisions of the Constitution itself. Here, there-
fore, the sovereignty belongs altogether and exclusively to the
people of the State. Vanhorn's Lessee v. Dorrance, 2-Doll. 311:
Calder v. Bull, 3 Dall. 386; Dash v. Van Kleeck, 7 John. Rep.
477; Enslin v. Bowman, 6 Binney, 471; Trusttees of the Unir entity
v. Foy. 2 Hay-wood, 310, 374; Satterlee v. Matthewson, 2 Peters,
380; Wilkinson v. Leland, 2 Peters, 628; Crane v. Meginnis. I
G. & J. 463.

It is declared, that the legislative, executive, and judicial
powers of government ought to be forever separate and distinct
from each other; Decla. Rights Maryland, Art. 6; that no State
shall pass any bill of attainder, ex post facto law, or law impairing
the obligation of contracts: Const. IT. S. Art. 1. s. 10: and that
no freeman ought to be taken, or imprisoned, or disseized of his
freehold, liberties, or privileges, or outlawed, or exiled, or in any
manner destroyed, or deprived of his life, liberty, or property,
but by the judgment of his peers, or by the law of the land. Decla.
Eights Maryland, Art. 21. Consequently, the General Assembly
must be considered as restrained, not only by the general princi-
ples and delegated nature of the government itself, from exercis-
ing any arbitrary power over the rights or property of an indivi-
dual; but according to this declared separation of powers, and
under the positive restrictions by which its powers are limited, it
can exercise no authority which is manifestly beyond the confines
of its own legitimate sphere as a legislative department. Berrett
v. Oliver, 7 G. & J. 206. It cannot adjudicate upon any matter
in the manner of a Court of justice; Dash v. Van Kleeck, 7 Joint.
Rep. 508; Evans v. Eaton, 3 Wheat. 513; Crane v. Meginnis, 1 G. &
J. 476; it can make no partial distinctions among citizens, Kames
Pri. Eq. b. 2, c. 3; Decla. Eights Maryland, Art. 39; or pass any
law impairing the obligation of contracts; nor can it be allowed to
assume the truth of any facts upon which of itself to pronounce a

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 218   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  October 06, 2023
Maryland State Archives