The Republican. [volume] (Oakland, Md.) 1877-current, 1882-10-28

political mechanism. Why one sin.
dependent department" could no
more put itself into proper action un-
der the Constitution than lOcOmo-
tive could move without its engine. |
Arguments to show such an absurdity
are too cogent and numerous. For
convenience:
THE BILL OF RIGHTS A REFUGE,
The Judge, both in his letter of ac-
ceptance and address to the Legisla-
lure in February, 1876, takes refuge
under the Bill of Rights to relieve
him from the requirements of the
Act Of 1872, chap. 81.
Now let US briefly pay our respects
to this time-honored document. ItI
was extracted from the Declaration
Of Independence in the first year Of
its existence and prefaced to our first
Constitution of 1776, and il has Kept
its place in almost identical language
IN every Constitution since-four, in
all. 1t was, and was SO intended to
be, simply a declaration of sound
Americau principles meant to be
the material out of which the Con-
Stitution itself should be constructed.
1t is an appendage to the COnstitu-
ton, but not Of or Incorporated into
its body. The ligament that con-
meets the two could be severed, and
the Constitution live and sustain the
government as though little or moth
ing had happened. But our govern
ment in the absence of the Constitu-
ton could not survive an hour under
the Bill Of Rights. This is the differ.
ence.
The Bill Of Rights has of late years
been before the court of appeals for
exposition, (see Md. Dig, 1873, and
they say: 1.-THE Declaration of Rights
IS an enumeration of abstract prin-
cipIes, Tor designed to be so,) and
the Constitution the practical appli-
cation of those principles modified by
/ the eXlgencieS of the time, or circum-
stances Of the country. If they diff
/ fer, the Constitution must be taken
as a limitation Of the principles pre-
viously declared, according to the
subject and language Employed"
"The Declaration of Rights is a
guide to the several departments of
the government in questions Of doubt
as to the meaning of the Constitution
and guard against any eXtravagant
or undue extension Of power, but
does not control the Constitution
Itself, when clear and uhambiguous." j."
Ibid. The case would seem to be
strong enough to quiet the conscience
Of any one.
But if the Judge is still in doubt,
his attention is respectfully invited
to sec. 30, Of Art. 8, Of the Constitu-
zion Of 1867, which ordains as fol-
lows; The General Assembly shall
have power to pass all such laws as
may be necessary and proper for car
rying into execution the power vest.
ed by this Constitution in any de
partment Of office Of the government,
and the duties imposed upon them
thereby. And it must be born in
mind that the Constitution provided,
in Art s, that the General Assembly
shall at their first session establish a
system Of Free Public Schools. This
they did.
If the judge is right in his position
is it not strange he has not been sus-
tanned in either of two appropriate
occasions that have offered themselves
to him. In February. 1876, he pre-.
sented his views to the Legislature
and asked for change Of the law in
accordance with his opinions, but he
entirely failed to satisfy the Legisa-
ture that any change was needed.
: Again, in 1880, the celebrated Mont
gOmery county case was taken up to
the court of appeals, (see 50 Nd in
= which the constitutionality of the
, Act of 1872 (the Judges point was
presented and relied upon, but the
courts above and below did not even
consided the question, Strange to
say, Judge Alvey sat in the case
without word Of dissent, and must
haYe been one OF a unanimous court
public INTEREST"
London has a larger population
fbon many, n Euronaan Gt,ta with q