The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-07-22

the same rate. ..
Tho N,psH,L of Police having seen fit to make
q statement in Yesterdays american, in reply to
certain structures of that paper and others, the day
before upon his allowing the parade of Fishing
CIub through the streets, our venerable neghbor-
which has of late grown vindictively conservative,
now and then, for as much a day or two at
time-has deemed the occasion suitable one to
read Mr. HERRING lecture, of course Gin the
kindest spirit" Judging from the past the
american will be very sure to take back, before
the week is out all that it exerted ITSELF so super
humanity, to say yesterday, and it cannot there
fore concern the MARSHAL to say anything in re-
ply We certainly have no right to be Mr. HER
RINGS champions, nor indeed would we venture,
on this occasion to exercise such right, even if we
had it. We see, through phrase of the MARsHALs
card, that the awful form of his official chief is
near behind him, and that it is s'the position of
the city government" and not of the mere head
of the police, which the publication is intended to
vindicate. Nay, we think that we can distinguish
in the unwonted harmony of the periods them
selves a little of the music of that gentle song,
which is said to be sweetest when it is the warb-
ler's last The dignity of defending anything said
or done in that high quarter is of course altogether
above our pretensions. The public, however, has
an interest in the matter, and in that behalf we
have few observations to make.
Mr.. HERRING appends to his card the written
opinion of GRAFTON l.. DULANY, Esq, the City
Counsellor, and FREDERICK PINKNEY, ESQ, the
Deputy States Attorney both of them recognized
by the american, on a recent important occasion,
gentlemen of controlling professional authority,
and the latter certainly of great experience and
skill in his peculiar department. The opinion is
as follows:
BALTIMORE, July Goth, 1858.
Our opinion is asked whether the police have the
power to suppress public professions of Fishing Clubs &c
To this inquiry would answer that if such procession
consist of persons wearing nodguise unarmed and
porting themselves in peaceful manner the police have
right of interference and could not lawfully interrupt
them any than they could dispense lodge of Odd
Fellows or funeral procession The police would have
power dispense Fishing Club other such asemblage
in their appearance conduct such
ger or cause reasonable apprehensons of danger TO the
public peace, by wearing arms Disguise by
dsordery conduct any person in such procession
ing any indecent dress would also be liable to arrest
any obscene public exhibition conduct the danger
and injury of public morals and is an ndctable nuisance
6. l.. DULANEY, City Counsellor.
FREDERICK PINKNEY,
Deputy States Attorney.
As to this statement of the law we presume that
there can be no difference of opinion among intel
ligent professional men, The matter is too plain
to be the subject of controversy; and with the adj
ditional suggestion that the MARSHAL might cause
the members of Club to be arrested beforehand,
if he had reason to believe that they were combin-
ing or conspiring to break the peace, or otherwise
violate the laws, the opinion would certainly cover
the whole rights and powers with which the police
clothed in the premises.
Our conservative neighbor, however, seems to
think that all limitations upon the absolute power
of the MARSHAL are but Convenient technicalites
of the law" and that because 'our citizens hold
these Fishing-Clubs to be disgraceul nusances,"
and the american differs from the lawyers, the
MARSHAL forsooth should fuse all the authority
and force at his command, " and fling the ''techni
caties" to the dogs.
Now, assuredly, we are no advocates of the fish
ing clubs. We think almost as i'll of them as of
many other and kindred ''nuisances'' in the club
department, of which the MARSHAL and the Anaeri-
can would speak more tenderly. But we are not
blind to the real difficulties of Mr. HERRINGs posi-
ton, and we took leave to suggest to him. some
time since, that he had better not announce his
'intentions' to prevent the parades and orgies in
question, until he had first provided for carrying
those Intentions into effect Certain it is, that
he is not going TO make things better, by acting
upon the legal opinion Of the AMERICAN in opposi-
ton to the instructions which he has received from
the responsible professional advisers of the public
Every body, of course, has a right to differ from
lawyers in their judgments, though the rational
extent Of that right depends, we must say in some
degree, upon the capacity of the party differing as
well as what he happens to know about the matter
But when public officer is about TO do what NAV
result in shooting men or having men shot, it be-
hooves him to act with some little certainty and
prudence and he may well be excused if he doubts
whether the superior abilities of the american in
its own department will justify him in believing
that 1t knows better than lawyers in theirs.
The truth is, there are great many wise people
who think it very clever to speak of all law as
Technically" Our, neighbor may not be aware
OF the fact but it is, itself, ''technicality"
itself no doubt very convenient technicaliy"
though unfortunately nota very lively one to other
Po0p'e Ai =" shts are 'techncalities," in the
sense in which it makes abuse OF n,s ,,...o ,,,a
the MARSHAL has no more authority to overlean
one set of rights, because they are nicknamed
technical, than he has to upset the other 'tech-
nicalities' on which the tripod of our neighbor
rests heavy. Indeed in view of the source from
which it comes and the obligation to know better,
we regard the Americans suggestion to the MAR
sHAL TO disregard the instructions of the law officers
as not whit better in principle than the riot of
FISHING CLUB. 1t is altogether dsreputable, in n
Journal which owes so many obligations, from its
age and position, to the community. Unbappilv
the american has been so little accustomed to sneai
out, that it does not exactly know how and fools
the necessity of being extreme, occasionally CO ~
to persuade the public that it is in earnest. Per-
haps it is pursuing the chids trick of CRYING aloud
in order to convince itself that it is not afraid
We shall have hopes of it. however, if we find that
it adheres for week TO the present severity of its
virtue.
As to the fishing-clubs, wo have no doubt, that
under the opinion which he has published, with
the additional suggestion which we have made
ourselves, the MARSHAL has quite power enough to
preserve the public tranquility. If the Clubs con-
spre against the peace of the City, let him have
their members arrested and sent TO JAIL and kept
there till Mr.. WHITNEY chooses to let them loose
If they appear in disguise or in unseemly or indie
cent costume, or with demonstrations of violence
or disorder, bearing arms, let him seize or dis
perse them. If, however, they appear in proper
attire, and are peaceful in their demonstrations so
that their parades are prma facie lawful, let him
send with them an efficient detachment of deter
mined men, to crush the first outbreak of tumult,
and capture the offenders. Let the constituted