The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-10-27
BALTIMORE.
WEDNESDAY, OCTOBER 81. 1858.

1ro are ouite sure that we but echo the unani-
mons voice of all who respect law and order in
+b;s community, when we express our deep disap-
rontment and modification at the result of the
trial of the Post-Ofice rioters which was brought
70 close Yesterday. As will be seen by our local
columns the verdict of the jury-rendered after
Int q short absence from the boX-pronounced one
Of tbe traversers guilty of a common assault, and
+be other four of the very serious offence of assault
with intent to murder. The evidence, collected
with Great industry, and developed by irresistible
f,rce by the District Attorney, had indeed, left
no doubt upon any mind as TO the guilt OF the
narties; and the finding Of the jury was, there
fire altogether in accordance with what was eX-
neced from the upright and intelligent men to
whom the trial of the issues had been committed
Orr nor(cct respect for his Honor Judge GILES
,,ersonaIly and for the fidelity, intelligence and
stainlcss purity of his judicial character and con-
duct, renders it duty, unieignedly painful, Tor
us to record the establishment with which the
sentence. which he proceeded at once TO pass, was
ro.e;red nv the large assemblage of citizens who
orv;o,,slv thronoed the Court Room Upon the
Marty. convicted of the lesser offence, his Honor
;,ono.cd the penalty of a single years mprson-
mont in iail-a punishment altogether insignificant
in view of the outrageous and brutal character Oh
tbe transeression, and the circumstances OF ag-
crovatiou which surrounded it, The four con-
,ic,ed Of assault with intent to murder, were
sentenced TO two years imprisonment, each: IN
tbe MARYLAND Pententiary. The term OF conhne-
mcut anrAcu by tlo law &c the crime, wac
Of "not less than two, nor more than ten
wears" so that his Honor selected Tor those
narties the smallest possible penalty which
1be law allowed him to impose. n more
Llood-tbirsty and villainous outrage than
that which they had committed, upon an innocent,
nnormed. unofcndng man, never, perhaps was
presented to judicial tribunal. There was no
avcusa no palliaton, no provocation-not one |
roaoonin, flct-around it or about it. 1t was |
oo,,ordrr os well as murderous-base as well as
had All its incidents and Surroundings were as
vile as they were savage. And yet the most I'M
tied r-rrrution, assigned by the law to the least
guilty of those who might be found guilty at ALL
was that which the Court saw fit to apportion to
these scourees of a terrified community The
traverscrs thanked the Court, audbly, before they
safe down-and well they might!
But even the manifest injustice to the public at
LARGE of such uncxamplcd leniency, would hardly
have excited the comment and regret, which we
have heard expressed on every side, had 1t not
been accompanied by reasons, on the part OF the
Court, which have taken our citizens completely
bv surprise. Judge GILES, in accounting to the
-ravcrscrs for his exercise, in their favor, of his
judicial discretion, used the following language:
t ove~cry that discretion am warranted in regard
nal aN,,p upaTtu
acted and which induces to impose upon you lighter
punishment than should do under other circumstances;
for men commit acts of violence when state OF eN-
element and lawlcssncss prevails, which they would
never dream of any o'her time, and Which, done in
peaceful Of society. would evidence that deep ma
lightly that demands the severest punishment
known to the law
This we confess, passes our understanding. 1t
amounts 10 saying, in words that the outlaws,
by whom the peace of society is destroyed, are
entitled to be leniently dealt with, be-
cause of the prevalence of the very
"excement and lawessncss'' which their
own Facts Of violence have created and made
universal It makes 'polilcal excitement an
excuse for the attempt 10 murder, when murder
from such excitement" is rife. 1t develops the
extraordinary doctrine, that isolated Offences COM
mitted when the community is in a state of per-
feet tranquility, and entirely able TO protect and
vindicatc itself, are deserving of punishment more
condign than those ruflanly and almost reyolu-
tonary outbreaks, which derive strength and
encouragement from their very frequency, until
they convert peaceful society into horde Of
Thugs and Malays.
We are no advocates for undue severity of pun
ishment at any time. We should regret to see
the tribunals of justice give way before the excite
ment of the community, so far as TO break down,
under any pressure, the barriers of wise, humane
and temperate moderation. We would not have
the District Court harsh and vindictive, because
the Criminal Court is inefficient or worse. We
would not have violence, Or prejudice, or passion,
usurp the judgment-seat, counterpoise to the
passion and prejudice and violence which disturb
the community, and rcdden the hands of bad men
in it. But we do think that there are occasions
when the offended majesty Of the law calls aloud
for vindicdtion and when the tribunals of justice
should lie steadast with the sword, as well as nice
with the balance. If ever such an occasion ex-
isted it exists, now, in Baltimore, and although
the Federal Courts are not the representatives Of
The criminal justice of Maryland, they are the
organs of Justice which ought, at least not to be
blind We repeat-that ii pains us to have said
what we have thus felt it our duty to say-but feel
ing it duty, we could do no less than discharge it
frankly and impartially. The very appreciation of
Judge GILES high qualities as citizen and an Off
Ger which pervades the whole community, renders it
especially necessary, at this time, that bad ex
ample which he has inadvertently set, should not
pass without proper comment. Our own sincere
recognition Of the excellence of his motives and
intentions, will, we trust, protect our own from
msinterpretaton unjust impeachment.