The Baltimore County union., 1881-12-17

order 10 get himself hanged, and thus relIevs "A.
posthumous reputation from the odium Of suicide
In that event, who would hang him The eensts.
bic, OF the Justice himseifI The Legislature I,
its wisdom, and In the exercise Of its nswIy. ..i..
covered powers, could undoubtedly remove mi,
dificulty By authorizing and requiring the Jussiee
TO hang him. Then that funciionary uould IL
Judge, jury and executioner. This simpiiaed
mode Of procedure once adopted sould, without
doubt, soon be justified on the score Of economy,
In this cause the prisoners are discharged, on
the ground that the Justice had not and never
could have Jurisdiction under the present cons,i.
tuition. In this view Of the case, no writ Of eer-
fiorari was necessary. How could tho justice 70
beyond his Jurisdiction when he had no juris-
diction9 And this is the reason why a writ a.
esrterari has never issued In Maryland In erImi.
nal since the provisional and general courts
were abolished. Since then all courts Of criminal
Jurisdiction "are ierei," and no one Of them
can exercise supervision over the records Of an
other. The Justice, however, did send up . cer-
tilted copy Of bis docket entries, from an iuspec-
ton Of which u becomes apparent that he has
committed several errors. But as. under the con.
stitution, he has no Jurisdiction In q criminal
prosecution, II would be- waste oftime 10 examine
into those errors. lie seems TO have tried the
prisoners under section Of chapter i9s Of thsact
1850, which reads as follows;
"That any person who shall violate any Of the
provisions of the preceding sections shall be
deemed guilty Of misdemeanoF, and upon iHdief-
n,eHf and conviction In any Circuit Court, OF be-
fore any Justice Of the Peace Of this State bebre
whom such case IL tried, shall be fined not less
than $50 nor more than $500, or sentenced 10 the
House Of Correction for n term not less than three
months nor more than three years, and the boat
or vessel used In violation, together with the
papers, furniture and tackle board Of said boat
or vessel At the time Of the said violation, skai
pay . penalty Of not less than $50 nor more than
$500 fOr each and every violation Of the preceding
section"
II will thus be seen that not only the persaubut
aisa the vessel 10 subjected 10 n ans. &C., ltks
said vessel is required 20 pay Heu the ve.sei !.
20 be tried, and how II 10 20 pay the ane impo,ed
Il ieft in doubt. The Justice, however, has mar
gin In inhicting Punishment on the vessel ffthe
vessels conduct has not been very bad he can 70
auire II 60 pay fne of $50. but IL IL eondust
has been Outrageous Il can he punished by thu
imposition of Gne of $500. Though Il can he 70.
quired 10 pay . heavier ine than it, master u
cannot. ho~essf, Do ssBt to the House % csyrss.
tion. II will be seen that when any person 4
proceeded against under this act an indictment l.
required. AZ the Justice had no power 10 SUN.
mon Grand Jury he must himself have acted as
the Grand Inquest of the State of Maryland for
the body of Anne Arundel county, and aftsr har-
ing found true bill. proceeded 90 try the parties
indicted lie has not sent up the indie,m msnt With
the docket entries. bu, the Law requires an in
dis,ment and We told Ia recen, decisisns that
u must be J.rssaasd that the Justice has srted in
conformity With the requirements of the law, I,
must be presumed that such indictment exists
Thus have these citizens of Mary nd been ,icte
tried. Judged guilty, and sentenced by sne man
acting in the triple capacity Of Grand Jary Petit
Jsry and Judge Had they been inhabitsnt. Of
the Russian empire. this summary mode ol pro
cciure would have been in conformity With the
ussges q that poscrfal aud inc or
but they are citizens Of Mary land, aud Mar
ers have aiuays claimed o. be freemea nlttake
NrffN 80 L.. -.
Of Aabsas osrpas and the protection of then eis.l
rights 10 destroyed. II man may be arvsiel.
dragged from bic family. tried b. one mAa aud
sentenecd 60 be deprived ef his personal liberty.
IA What respect does his condition diees from that
of the sbject slave of despot9 The Amrriean
people have political liberty aud eivi liberty and
the sole object of political liberty u the protection
ofeisiihoeriy. II a mans person and property are
not protected In wha. respect is he freeman l. u
the usss PRIV iiege dspostin his ballot tie day
oi election Without the wTit ofLsL,a. esrgH ese
that valuable priv Is not safe for be suay D.
inPrisoned On the very day he intended 20 vote
people may have political liberty and yet have
no civil liberty. DGring the .anguinary rsign II
terror in Francs. whieh enicl In iapefiaiisu. un
bounded political liberty uas proclaimed bat the
people were really lees free than whsn under the
oppressive despotism ofthe Boafbons. The Eng-
iish people asserted the Bnbsundei political
liberty u the French revolationisis. and yet they
have aluays been free people. No Engh,hman
coaid be dragged g. prison % the place q exc
esiion uniess he had been Sijudged guilty BY his
peer. From the earliest ages that people lterniy
refused 20 be tried by the oshcerr of the govern.
msn,. They demanded and maintained the right
@ be tired BY jary of the people. Our noble
ancestors 10 Maryland msn of the zane
stamp. In their Dceiaration Of Rig ghts thsy threw
a prete~tisn arosud psFsons aud property skieh
should be ssereiiy respectod- Il j. pfsfrnd.
ed that there are offences too trivial o. be tried
before courts. IL m offence is trivial as nes 10
be worthy Of the attention q jsres is IL not too
trivial 60 be netieed At AnP tut Il - no trivial
matter 20 deprive citizens % Maryiaad of their
personal liberty during period which may ex.
tend from three months q three years. When the
pFoceciing IL Ia conflict with the eonstitutian IL
becomes an outrage of the most aagrant charac-
ter. An attsmp; has been made % Justify the
mode of procedure In question. on the ground of
economy. IL Jasiices q the Peace uere salarieI
Officers there might be some soaninsss 10 the Arxa.
meni. bat uhsFe sirohs temptation towards the
multiplication of cases 10 apparent, the faliacy
u evident. Bat Shy such an argameatf Liberty
IL costly Inheritance IL cost money 20 obtain
u. and Il u worth all that IL costs 10 Inaintaia a.
whtn the people of Maryland cease 10 appreciate
u, Ani not before. they wiIi abandon their right
Of trial By jury in all criminsi prosecstion and
may then adopt some cheaper mode q procedure,
sueh a. nov prevails 10 the Turkish aud Russian
empires. They have not y,t done 90.
have sisnei an order for the discharge from
custody Of the persons whose behalf the petition
uas presented. lsigneil GEo. rELLorT.