The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-09-29
BALTIMORE.
WEDNESDAY, SEPTEMBER 20, 1858.

WEDNESDAY, SEPTEMBER 20, 1858.
In discussing the all-important matter of secur-
;no, the persons of criminals when arrested to
answer for their offences, we took occasion, few
da,s SINCE to show, that the responsibility belongs
exclusively to the MAYOR, for any delinquencies,
in that regard, upon the part of the Police JUS
tces whom he has appointed and allowed to con-
tpue in place. There is another department of
the same duty, which has its peculiar responsible
ties likewise, in regard to which there is some
misapprehension, and has been, of late, considera-
bic misrepresentation. We refer to that part of
the preliminary action in State cases, which falls
within the province of the Criminal Court As
was observed, in our previous article, large
majority of the parties arrested for crime are car
ried before Justices of the Peace, by whom they
are committed, or discharged on bail. The inter-
vention of the Criminal Court is, for the most
part only in exceptional cases of that class, in
those where there has been some previous action
on the part Of the Grand Jury. OF course, when
ever the Court does intervene, it assumes the duty
of fixing proper amount for bail and of seeing
of these particulars (which of course it has often
and outrageously donc) it is false to one of its
most imperative obligations, and is responsible for
the consequences which may accrue to the COM
munity from its negligence or misconduct. To
this extent, justice requires US to concur with the
structures which Of our neighbors have of late
thought it prudent, and not scurrilous, to bestow
upon the tribunal in question. But justice forbds
us to stop here, and as do not participate in
the scheme which is very obvious elsewhere, of
passing acrimonious Ccnsure upon one officer in
order to withdraw the attention of the public from
the delinquencies of another, we propose to make
suggestion on the subject, which is due to i'm
Partially and truth
In theory of course, all bench-warrants are
issued by the order of the Court. Practically,
every lawyer knows, such is not and cannot be
the case They properly issuable by the
Clerk in the Courts name, whenever the action of
the Grand Jury, or a competent application and
affidavit render the proceeding appropriate or
necessary. 1t follows, therefore, that in a very
large number of cases, the Judge does not, and is
not expected or obliged to know, that bench-war-
rants have been issued, or that parties have been
arrested under them. 1t is only where special
application is made to him for the warrant or he
directs it to be issued on his own motion, that he
can, in the ordinary of things, have knowl-
edge fits existence When, therefore, the party
is arrested, and bail is required to be fixed and
taken it is not his fault if he be not made aware of
the fact Practically it is the duty and custom of
the Prosecuting Attorney TO suggest to the Clerk,
the amount of bail which should be required and
the character of the persons whose recogniZances
should be TAKEN and if he fails in this, and an in
significant amount is demanded or straw-bail is re-
ceived, it is his fault exclusively, and in no wise
that of the Court Should his exactions be regarded
as extreme or unjust the party accused may off course
appeal to the Court, and it then becomes the duty of
the Prosecuting Attorney to urge his views, accord
ing to his conscience and ability. If he is overruled
it is the Courts responsibility, not his. So too if
the Court has fixed of its own motion, or is dis
posed to fix, any amount of bail which the Prose
cutting Attorney deems insufficient, or has accepted
or inclines to accept, surees whom that officer be-
lieves Irresponsible it is his bounden obligation to
call the Courts attention to the matter and to
press his objections with energy on behalf of the
public Should he fail, after doing so, his skirts
are clear But until he shall have discharged his
duty, either by his own sufficient action, where he
acts alone, or by informing and counseing the
Court, and interposing his official activity where
the Judge personally acts, it is he, and not the
Judge, who is to blame, if criminals, whom the
officers of the law have arrested are sent back I'M
shackled, to scourge the community anew. With
prosecuting officer, prompt and faithful in the
performance of his functions, and of ability and
To al.
it rarely happens, in criminal tribunals that his |
counsels are over-ruled his opinions sighted
upon subjects so vital to the Commonwealth he
represents
1t follows, from what we have said that when
the delinquencies OF the Criminal Court, in the
important matters referred to- are the subject of
denuncation, it is not the Judge only, nor indeed
the Judge principally, TO whom the responsibility
attaches. To Mr.. WHITNEY it chiefly belongs In
the multitude of cases, where the Judge has not |
personally interviewed, the blame, if any, is Mr.. |
WHlTNEY's altogether. In the instances where
the Judge has acted of his own motion, or on |
special application, it was for Mr.. WHITNEY to |
awaken his attention to the errors, if any, in his !
official Judgment If he has done so in any of the
aggravated cases which, for months past, have
shaken the foundations of the public peace and
safety, it has been after the manner of those good
deeds which his right hand has not mentioned to
his left. Of that open, determined, uncompromis-
ing vindicaton of the law, in all its processes,
which the State has right to expect from its
Prosecuting Officer, and whch-whether success
full or not in its direct resultS-is of itself in its
moral influence, worth more to the community
than police regiment-he has certainly made no
visible demonstration. 1t may be that he has
adopted the suggestion of the Court, on memo
rable occasion, and has become satisfied that it is
the duty of q good Christian to be charitable
towards crime.