The Baltimore County union., 1881-12-17
POWERS OF IusrrcEs.
Judge Yellott's Opinion In the Oyster
Drodgers' Cases.


On Friday, 9th inst, Judge Ysllott disposed Of
the Aabeas eorPHs eases Of the par,issninsissn In
number-who were committed BY Justice CASA
way, Of Anne Arundel county, for illegal dredging
In November last, In default Of the payment Of
500 Gne by .hs captains and $50 by each Of the
crew. The petitioners were represented by James
l.. Mcclure. Esq.,, and the State BY States Attor-
ney Aisquith, Of Anne Arundel county. On Mon.
day Judge Ysilott aied the following opinion;
IN tie Matter Of the Psfifioa Of J. Ksily, De-, for
the Writ Of Habsas CorpH..
When Judge receives his commission, and be-
fore no enters upon the duties Of his oiee he takes
an oath 10 support the consultation Of Maryland.
The only meaning which this obligation can have
In its application 20 Judicial ohieer Is that he
uii saeredly regard the will of the sovereign peo-
pie expressed In their written constitution, and
declare any act Of the Legislature invalid which Il
In conflict with the organic Law Of the State. I
have always 90 interpreted my Official oath, and
have acted In conformity with that Interpretation
regardless Of denuneiation or hostility from any
quarter. shall never deviste q hairs breadth
from this course while occupy . seat on the
bench. believe all acts Of Assembly conferring
upon Justices Of the Peace the power 10 try, con.
vict and punish citizens Of this State for criminal
offences 10 be unconstitutional. Nor am I alone
in this opinion II IL the opinion Of the most en-
inent jursts Of the present and the past. Latrobe
says that regards criminal Jurisdiction, the
power of Justice Of the Peace In Maryland sis
confined TO causing the apprehension and commit
ment Of those who are charged or suspected Of
crime or misdemeanor, In order that they may be
tried aceoring 10 the laws Of the land before q
higher tribunal" Hugh Davey Evans says: "As
all courts of criminal Jurisdiction are now apoa a
fsEsf," nons ef them issRe writ of cerfio rar
shish Y = wsis seiss fsea'r superior 70 an In:
ferior court. Evans was q man of wonderful legal
attainments-an oracle In the forums Of the State
lie inserted the sentence just quoted in his hrst
edition, published about half . century ago. and
he retained IL In his later edition, issued in
1867. lie evidently never heard Of the Grim
inal Jurisdiction of Justice of the Peace
And less than ten years ago that eminent Law.
yer and accomplished gentleman sho .abse.
quently established 90 high n reputation for abiii-
~ and statesmanship In the Senate of the United
states, while filling the Gubernatorial ofiee In
Maryland. vetoed . bill intended 20 give jurisdic
ton 10 Justices Of the Peace In criminal cases. on
the ground thatit vas unconstitutional. The case
nov under consideration was ably argued by the
counsel for the petitioners, and by his adversary,
the States Attorney Of Anne Arundel county.
The petitioner. are discharged. on the ground
that the Legislature cannot empower a Justice os
the Peace TO assume Jurisdiction in . criminal
cause. Unlike the case of shater and wife ".
Mamma, In u Maryland, the offence not
infraetion Of 4 mere police regulation. but a mis-
demeanor created by statute. II was ssisas pro.
NfaHs auh sfNffe teuatttc- are tuutcteI On EulitN
parties. Those penalties are ioss % liberty and
eondseation of property. An infraction Of penal
laws enacted by the Legislature only be pun
ished BY criminal prosecution. Now. what say
the sovereign people u Maryland in article % of
their Declaration VI Rightsi That 10 all cFimi.
nal prosecutions every man hath right % be In
formed of the accusation against him 10 have a
copy Of the Indictment OF charge IN due time 90
Tequirei, 90 prepare for his defence; 10 be allow
ed eoahsel 10 be confronted with the witnesses
against him ia have process for his ustnesses; 10
examine the witnesses Tor and againsi him on oath,
and 10 speedy trial BY an impartial jury. with.
Oat whose unanimous consent he ought aoi a. be
found guilty" Ia a printed brief prepared by an
eminent lAsysr, aud which before in an
other case. IL wAs eontended that the design
ifestly of these provisions of the DeeiAration of
Rights Sas simply 60 declare and make hrm the
pre- existing right. of the people. a. those right,
had been established BY usage and the settled
coarse Of Law" Tue author q this elaborate doe
ument seems O. have the European aud monarch
teal theory % governmeni deeply imbelei IN his
mind. IL his logic l. squad the people of Mary
land have no other rights than such they had
Under British supremacy. Nos, Shen did the
people Of Maryland pabiish their DeciarAii0n u
Rightss In 1875, when they adopted their hf,t
eonstitution. In the first article they declared
'that all government of night ori snAie, from the
people. Ae." In article /: they declare that the
people Of this state ough; 10 have the sole and
ciasise rishi Of regulating tie internal govern
fnent and police thereof. Then In article 10 they
declare "thAt in all criminal proseca.ions, Ae..
using precisely the same words are found in
article II, of the Declaration of Rights, presxef
20 the constitution of 1867. was the absolute
sosersigniy of the people "prs- existing rightf-
No; II vas hrsi declafei In i55s. Are we 20 for
get that the American people established their In
situations Dc aorof Other governments had their
origin In the slavsh doctrine q the divine right
Of king. 10 rule the people. English liberty Is the
outgrosth Of concessions sterniy ext0rtei from the
erosn.
Aftsr the Americans TIRES of the yoke of for.
eign oppression they bad no masters. and asked
for nc cOneessiOns. They assumed all rights
They asserted the soSefsixniy oi the people. They
established and tnaintainsi that soVsrei gnty.-
Their political insttsti0ns rest that broad aud
solid foundation. Why should they seek only 90
preserve few pre-. eHis,ing rights Which they wsre
permitted 10 exercise In . coalition of colonial
bondage, when they had. after their DeclAFAtioa
of indsPsnieacs. every hight shieh eoald possibly
belong % the human race L. IL. then, 10 be sup
posed that the people d Maryland, having assert
ei and maintained their sovereignty. and s.;sb-
hshei . goTernment of their own formation. mere
ly desired 10 preserve such right. had been con.
eeiei to them By the monarch 0f EngiandP l. Il
not more reasonable % Suppose that they meant
exactly and precisely What they said. aud that
uhen they decarei that .'in all criminal prosecu-
tions" there must be trial by jary. they did not
mean that Ia criminal prosecuti0ns = man
Ia attendance. ani there be compelled 10 sabmii 70
. triali
And when they say "without uhOss unanimous
eOnssni be ought not 20 be found gaiiiy." do they
mean 20 say that In criminal prosecutions he
ought 10 be found guilty without that unanimous
eonsentl IL the peoples Declaration of Rights 10
have no meaning except such subtle logieians
see d 20 give itg These logicans seem 10 be In
elined 20 deny that the Declaration Of Rights 10
anything more than . mere sAgae enunciatioa Of
general principle Let ~ examine into the sound
ness and solidity of this very modern and most
extraordinary dostrine. In article s6 is the fol-
lowing language: Nor ought any person 10 be
compelled 20 frequent, maintain, OF contribute,
anless on contract 10 maintain, aay place of uor.
ship or any ministry" Nos, suppose the Legis-
iatars should provide by las for = tar 20 raise
money 10 buiid churches OF support ministers,
would not such Law be declared % be uncons;itu-
ssss.. Asa &c. sss people s.s les smhiga sas Ian
gaase When they say that "in all criminal prose-
cutisns" there shal, be . trial BY Jury. Apd in
the body Of the constitution (articls Is section 81
they cay. "fn the trial of al criminal eases the
jury shall be the judges of lAs we'll as of fact"
when they say. "In the trial Of all criminal cases
the jury shall be the j.dyss," &e.. do they mean
that Justice Of the Peace shall be the jadgs of
Law a. well as Of fact in some criminal cases Are
thspsoplse ef Maryland idiots Are they imbssilsl
Do they not know What they mean when they eu-
piey language Isthe plainly expressed sovereign
uli 20 be nuihed BY construction and ypethesisg
In the legal document already referred 10 u is |
urged ~ argument that In England iainer of. |
fences are tried without jury: 80 they are. but
By virtue Of certain acts Of Parliament; and what
10 the English Parliament Il tis legislative body,
whose powers only restrained b. certain tsrFi-
toFal limits. Within these limits u is politically
smuipotent. Il could abolish Magma Charta. Il |
dsthronsd one king and put him 10 death ~ .