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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 605   View pdf image (33K)
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THE CHANCELLOR'S CASE. 605

.the constitutional right of the General Assembly to reduce, or to
withhold, at pleasure, the salary of the Chancellor, should have
been so postponed, so crowded into the very last day, and thrown
in among the fragments and leavings of a long and laborious ses-
sion, does not very clearly appear. But such was the fact. The
special continuing act; the civil list bill; the general continuing
act; the separate act and separate resolution for reducing the
Chancellor's salary; in short, every act in any way touching upon,
or exclusively embracing the subject was, by some unlucky mis-
chance, huddled together at the close of the session, in a manner
exceedingly unfriendly to claim 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 coming 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
bestowed 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 indepen-
dency of the judiciary, upon the separation of the departments of
government, and the great interests of the people so very strongly
require, (b)

(6) The injustice done to an individual is sometimes of service to the public.
Pacts 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 fundamental 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 con-
stitution may be altered gives to the General Assembly almost unlimited power
in all respects; and particularly over the executive and judicial departments of the
government; and produces too general an indifference to the existing provisions of
the constitution.

In the Virginia convention of 1820 it was moved, that a clause should be inserted

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 605   View pdf image (33K)
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