The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-09-21
BALTIMORE.
TUESDAY, SEPTEMBER 81 1883.

The advocates and apologiss of Mr.. SWAMI in
their efforts to divert the Indignation of the public
from him and his mal-adminstration, have argued |
with great earnestnesss that his duties are in no
wise connected with the prosecution and punish
ment of crime, and that when he has caused the
arrest of parties who are charged with it, the re-
sponsibility of their escape from justice belongs
elsewhere. The apparent plausibty OF tins argu-
ment has no doubt deceived many excellent citizens
and the deception has been osered, so sedulousy,
by the presses which are in the interest OF the City
Administration. that its exposure is due, alike to
the interests of the community, and the vindication
of the truth.
OF the large number of persons who arrested,
every day, for crime, and especially for offences
connected with violence, comparatively few pass,
Immediately under the jurisdiction of the Criminal
Court They are carried before the Justices of the
Peace. by the officers who arrest them, and are
either committed, or discharged on bail, to answer
at the actual or ensuing meeting of the Court
However great, therefore, may be the negligence
remissness of that tribunal in the enforcement of
the law, when the offenders are before it for judg
ment it cannot with justice be made responsible
for any but very small part of that criminal
dereliction of duty, which sends notorious outlaws
and assassins forth again upon the community,
almost every day, within a few hours after the
efforts of the police have succeeded in dragging
them from their hiding-places. For this-the very
worst form of official misconduct and corruption,
in the administration of the criminal law, and the
most prolific source Of the riot and murder which
infest streets by day and might've are, in
debted almost exclusively, to the Justices of the
Peace, into whose hands duty so delicate and
responsible has been committed, for our sins.
Now it is very true that with the election of
these magistrates the MAYOR of the City has moth
ing to do. They elected, he is, by the
people, and as the people are often misguided in
the one choice, so may they be unfortunate or
mistaken in the other But we assert without
fear of contradiction, that the MAYOR if he pleases
exercise, directly and Immediately, such an
influence in the matter as will secure, beyond per-
adventure, the faithful discharge of the important
duty in question: and that if the criminals arrested
by the police are carried before unfit or dishonest
magistrates, discharged by such, it is be-
cause he; the MAYOR, does not wish to have il
otherwise. The Goth section of the ordinance by
fers upon the MAYOR and City Council the power
of appointing annually Zone Justice of the Peace
''for each Police District, who shall visit the Sta
'tion House three times day. at such hours as thu
"Marsha shall, with the concurrence of the MAYOR
"by regulation appoint, for the examination ant
disposal of cases against prisoners and each Jus
''tice shall receive one hundred dollars per annum
payable quarterly, for his services and he ma,
'also charge prisoners and others with such fees
che is entitled to demand from them by the law
''of this State.' With the absolute power of thu
selecting the magistrates by whom the whole pc
lice business of the City shall be conducted in thei
department-with the power likewise of forbddiny
the officers of the police to carry the parties whom
they may arrest before any judicial functionar,
except those whom he has himself selected-hov
can the MAYOR of the City escape responsibility fo
the failure of his appointees to discharge thei
duties honestly and fearlessy in that regard |
a policeman ventures to present those whom h
arrests before any Justice but the one appointe,
for his Station House, may not the MAYOR punis
or discharge the policeman? If Police Justc
is so forgetful of his Obligations or is SO far con
tederate with outlaws, to discharge them upor
insignificant or straw bail-lettng them loos
to shed blood when their hand
are already crimsoned with blood Just
shed-cannot the MAYOR remove the Justice and
place an honest and true man in his stead A.? Would
he not check and finally cure the evil if he were
to do this? Would policemen or police mags
trates trfe with their duties and responsibilities
if they taught by experience that vigilan
eye was upon them and that punishment would
inevitably fO1Iow thnir transrracSiopc Tboro 90,
be but one answer to those questions If Mr.
SWAMI has not seen fit to appoint good men, or tc
expel bad ones, when they have betrayed the
community, and the laws entrusted to theil
keeping, whose fault has it been? Could he
not have done it? Was he not bound to do it
Surely the community looks to the MAYOR and not to
Mr.. Justice AUDoUN or Mr.. Justice MEARIs for its
protection from the ourages which are fostered by
a lax administration of the criminal law Mr.
SWAMI cannot shift upon his subordinates the re-
sponsibility which belongs to his own station and
his own character. They are his agents. They dc
wrong through his appointment and by his per.
mission. Their acts are his acts. Their deln-
quency is his shame. If there is any honor or rep
utation to be had from ''the city government" hi
is not backward in claiming it, surely. Let hin
bear the burden of its disrepute Also IF he has
not the courage or the sense of duty to fill his of
fees with proper men, and to compel them to be
firm and faithful, let him not attempt to put of
upon them the reproach which belongs to himself
only. He has had, for two years, the power to
make and unmake at his will. If there be any
justice in public opinion he is entitled to its retrbu
tion for what he has done and has left undone The
transgressions of the magistrates offices should not
be allowed to compound for the delinquences of the
City Hall. ---s.