Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1832-01-09
ALEXANDRIA,. Dc.
MoypfY MORNLYG, JayUaRYs. 1852.

MOYpiY MORNING, JaNUiRYs, 1852.
Our acknowledgements are due to Mr.. CAN'T,
Of the Maryland House Of Delegates tor his Po-
likeness.
We subioin the following from the Baltimore
Gazette, and DO not think it necessary TO sug
se,t word Of comment Our readers Will
make their own reflections, especially upon the
n,onsirous proposition to have the business refer
red TO, tried over again.
From The baltimore Gazette
We noticed briefly, Yesterday the decision oil
the Court of Appeals OF this State, reversing the
decree of the Chancellor, on the appeal OF the
Chesapeake aud Ohio Canal Company, and dis
missing the bill, fled agains, them by the Baltl-
more aud Ohio Rail Road Company. The Court
of Appeals consists of six judges. all OF whom
possess high and Justly merited reputation for
Integrity aud legal infor,nation-and each of them
truly estioable for his personal worth and anna
able ciaracter--no suspicion can therefore at
tach To any of them, of being influenced by any
improper motive in the opinion which he gave in
deciding the question. 1t is not. however incon.
slstent with the highest respect for any of the
iudges to suppose or believe him mistaken in his
iudsment-iOr in the present instance, the three
Judges who decided the case, as being MAORI
" of those present, entertained and pronounced
An opinion which II believed to be erroneous by
the other two judges, equally respectable for IN
tegri,y and Information by the Chsnc-linr
vho is as highly and Justly esteemed for integrity
and legal information a. any of the judges.
IL all the six judges had been Oh the bench. a.
;he constitution contemplated. and My three
Of them had entertained an opinion different from
that Of the CaancelOr-the decision Ut the Gran
Gerry Court must have been affirmed-and II Is
we'll known, that Judge Martin. who was una
bic from severe indispositon to take his seat in
Court, although in Annapolis attending for hat
purpose-had objected to the case being tried.
as it was out Of the usual course, during his alb
sence.
II is therefore evident, that the case on the
part Of the Rail Road Company has not had that
fair and full opportunity for a correct decision
which was contemplated by the constitution OF
this State and to which from ITS great importance
il was aud is entitled. IL the illness of Jude
Martin had not caused his absence, the decision
might have been diferent-we do rot say II
,2JUid, be cause 1t cannot be known what would
have heeu his opinion after hearing The argument.
In the decision Of this highly important case,
lf lcrong has been done to the Rail Road Com
pauy. as we have shewn is the fact, in somuch as
they have not had had all the benefit OF the con-
stiru,ionai tribunal to which they were aud are
-ntllIed-shall they not have remedy. if our
free institutions can furnish onei Every liberal
man will answer yes! it would be unjust to re-
fuse it. And there is remedy, which happily
is IN the power Of the Le2isature-the Impair.
tial representatives Of the people of MARYLAND, TO
grant-fhe passage # a lac authorizing a re-
hearing Of The argument and trial Of the case
before a fill Court,
The Legislature is now IN session, almost eve
~ member of each house was in court aud heard
the argument Of counsel on each side, at the re-
Ceot trial Of this cause, IN which so manv and
such important questions are involved-the Rail
Road Company may with just confidence apply
there for thar redress to which the humbles eiti-
zen in the State is entitIed-an opportunity to be
heard before the constitutional tribunal before he
is deprived 1t his property or his rights-and the
legislature will in this, they have IN other ST.
miiarly situated cases, the more readily grant
this obviously just request. because no possible
injustice can result to the opposite party. by are
hearing OF the arguments in support Of the case
il they are founded on reason, Justice and the
law of the land.