The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-03-03
La W INT'ELLIGENCE.

SUPERIOR CoURT.-HOn. r. n. Martin, Judge.
The State of Maryland, on the relation of Charles
Howard and others, "The Board of Police of the
city of Baltimore" The Mayor and City Coun-
ell of Baltimore. Application for a mandamus.
Reverdy johnson, }. Mason Campbell, William H.
Norris and s. Teacke Wallis, Esqrs., for the Police
Board; Jonathan Meredith, VIM. Price, William
Schey and Thomas $. Alexander, Esqrs., tor the
city.
On the opening of the Court yesterday morning
Jonathan Meredith, Esq, proceeded with his ar
gument on the part of the respondents.
Mr. Meredith commenced by saying that his state
of health forbade him to hope that he would be able
to discuss in proper manner and do jus tce to- the
important principles involved in the question at is
What little strength he had however, he would
devote to uphOlding the undoubted rights of his
fellow citizens, who still are freemen He hoped
TO argue and investigate the matter, however,
without giving offence to any one. He said he
could not separate the law from the office, but he
could separate the office from those who are to exc.
cute it. He had high regard for all the gentle
men who were named in the bill, and for two of
them he had the strongest personal friendship.
In a question of this kind there are certain
axioms of the law which should be borne in mind;
one of these was: that written Constitution is the
recorded will of the sovereign people, not to be
abrOgated or modified except by the will of the
people, and from which all other branches of the
government emanate and are dependent. The
Legislative branch is the most potent, and there
fore, the most formidable. 1t is the object of every
written Constitution to restrain this legislative
power. In the Constitution of Mary land will be
found number of restrictions upon this power.
The Constitution, in article Sth, sec. I'd, confers
power upon the Legislature, with the consent of
the people, to divide Allegany county into two
counties. This section is implied prohibition to
the power of the Legislature to create new coun-
ties Or divide other counties. If the Constitution
intended to grant general power to the Legisla-
ture to create counties, it would be useless to
make any special provision for the creation of a
new county.
Ifthe Constitution shows particular theory
of government, every power of the Legislature
calculated to weaken, impair, disturb or modify
that theory, is by necessary implication limited Is
the Legislative power limited 1t is not. But
there are other restrictions upon its power, and
thnse.are the natural inherent rights of the people
which cannot be violated by the Legislative power
For instance The Legislature cannUt divest the ci-
zen of his private property, without compensation;
and 1T cannot make man the judge of his own
cause because that is repugnant to the spirit the
Constitution, although there is no special prohb-
ton in the Constitution. Another example: At
the present session of the Legislature, an attempt
at legislation was made; it was an attempt to en-
slave the freemen OF this State; to give to captivity
ninety thousand free people, who were once slaves
but who have been from time to time manumitted
and set free by their masters If that law had passed
would there have been found any judge in Chris
tendon who would not have declared it nullity =?
Not that its passage was specially prohibited by the
Constitution but that it repugnant to the great
principles of the government
Mr.. Meredith then eloquently referred to the
powers of the Judiciary-the shield and barrier be-
tween the people and legislative usurpation. The
Court was not to go outside and inquire into the
causes which called for the passage of the law un-
der discussions; it was singly to inquire whether
the law was constitutional or unconstitutional. He
read several opinions to sustain this proposition
He said he deplored the scenes which had been en-
acted in this city for the past six months as much
as any one but the Court, in examining this cues
ton, must not look to any outside or infu-
ences, but must look to the Constitution ITSELF and
BY that decide the questions at issue.
lie then referred to the Police law, and said he in
tended speak plainly of that law, and the akers
of it. That law, in every line, breathed a spirit of
hatred against this community Its object is to
break down the corporate powers of the city of
Baltimore, by depriving it of vital Inherent right,
an indispensable attribute existing from the time
OF the citys charter in 1876, up to this moment.
The cha ter of the city gave to Baltimore local
government, and all the authorities necessary to
carry on that government Judge Story SAYS that
a grant to govern necessarily implies that all the
appropriate means to affect that object goes
with the grant. What is the use of a goyernmen
without the right and power to preserve that gov
eminent? How can you preserve the peace of the
government, then, without the power to appoint a
police and if that power is taken away, what be-
comes of the government? The right to appoint a
police is inherent in the city government and you
cannot take it awav without taking away the char
itself.
This law creates imperium in the city of Bal
timore: a tribunal which it christens "a Board of
Police for the city of Baltimore" 1t desgnates
four Commissioners very good selection the
Legislature has made-and upon them is conferred
all power and authority to reign over this CITY.
put that they should not have a barren sceptre in
their grasp, they call upon the present police force
to surrender to them; they cali upon the Marshal
ana deputy Marshal to attend them, under apenal-
ty OF $500 and the threat of receiving no nav
The fact of the law authorizing the Commission
ers to take under their charge the existing police
force 1t was contended by the counsel, was an adj
mission tnat the present force was organized con-