628 THE CHANCELLOR'S CASE.

provided for, declared, and defined; as well according to its general
character, as the meaning of each phrase and sentence; let us
now inquire what has been the operation of those constitutional
provisions, and the actual practice under them, from the time the
government of the Republic was organized, down unto the twenty-
sixth day of February last, when the unhappy deviation complained
of took effect.

It should be recollected, that soon after the commencement of
our revolutionary struggle, the proprietary government of Maryland
ceased to exist; and, during a period of about two years, was
succeeded by a government made up of mere voluntary associa-
tions; of district and county committees, arranged, by common
consent, under the superintendence of a General Convention and
a Council of Safety. That by the direction of one of those con-
ventions, a new convention was elected and assembled in August,
1776, " for the express purpose of forming a new government by
the authority of the people only," who, in the name of the people
drew up and adopted, " the Declaration of Rights, and the Con-
stitution and 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 cooperation with the General Assembly, was dis-
solved; and, all its authority, except the power 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,