1874.] OF THE SENATE. 209

demned man, and the interests of society demanded, we pro-
ceed to submit our conclusions for the consideration of the
Senate.

By the Constitution the Governor has power to grant re-
prieves and pardons, and it is very clear that the General
Assembly cannot exercise it, nor do we understand the memo-
rialist as asserting that it has such power. The only mo'des
suggested in argument, as within the province of the Legis-
lature, are clear that in, other instances such laws have been
declared void, and the Courts have disregarded them, as be-
ing contrary to the Constitution. In the most recent of that
kind in the Court of Appeals, the power was denied:
Dorsey's case, 37 Md., Rep. 64 ; that, to be sure, was a case
inter paries affecting property, but we think that the reason-
ing of the Court applies to criminal cases as well. Alluding
to the Act of eighteen hundred and seventy-two, chapter
three hundred and ten, the Court said, "it undertakes to
confer on the Court the power at its discretion, to annul and
set aside its final judgments and decrees, rendered several
terms ago upon fell hearing and careful consideration."

"It requires no argument to show that such legislation is
contrary to the intent and meaning of the eighth Article of
the bill of rights, and is au exercise by the legislature of
judicial powers."

This was said of a law which merely authorized and em-
powered that Court to re-open and re-hear the cases mentioned,
and to pass such judgments, orders and decrees as right and
justice might require, leaving the matter to the discretion of
the Court.

Now, suppose such a law were passed in this case, (and
none less obnoxious to objection could be framed) can it be
doubted that the Court would apply the same construction,
and decide it to be unconstitutional? If the law were made
mandatory in its terms, the effect would be the same, as the
Court said on page 76, in reference to the case of Gover vis.
Hall, 3 Har. & Johns., 43. We are at a loss to suppose any
form of expression to be used in a law or resolution, remit-
ting this case to any Court of the State, which would not be
liable to the same objection,

There must be an end of judicial trials, when the remedies,
defences and modes of procedure prescribed by law, have been
availed of, the public interest requires final the contest
should cease. The right of appeal is designed to correct the
errors of inferior tribunals ; besides the power to grant new
trials by the same Court without an appeal.

We must presumde that he has been, firly tried, and has
had the benefit of all these remedies. What a reflection

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