The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-11-19

the objections which, from time to time they af-
feet to make to it. The three things which. of all
Others would most tend to the restoration of state
of affairs which men of moderate aspirations might
recognize as becoming a civilized people, and
which, by necessary implication, would de-
troy the ascendancy of that organization !
which here calls itself the American party. |
the reform of the Criminal Court, the
reconstruction of the police system and the
restoration Of the right of suffrage. Yet all
these reforms, we are told are impossible under
the present Constitution. Let this be granted, and
we shall find that when the question of reforming
the Constitution itself shall be presented. it will
be discovered to be too secure a bulwark for all
evil and wrong ever TO he abandoned by those
whose power depends on the unchecked SUI
prcmacy of those elements. The most perfect con-
stitutiona and legal provisions, as mere abstrac-
uons do not count for much they will not execute
themselvcs-and If those appointed and sworn to
carry them into effect not only neglect to do So
but set themselves actively to work to aullify
themin their aspect of terror to the bad, and dis
tort them into instruments of oppression of all who
are not bad, the intelligence of man might be
tasked in vain for institutions which under
such administration, would not be found wanting.
We are not prepared to defend the existing Consti-
tlton; and we predict now, that unless some
eecual steps shall have been taken to secure fair
vote, we shall have, when the trial comes, amid
hypocriticai professions of a desire for new and
sure conservative organic law, club-vote cast
against it in this city sufficient 10 overbear all
those throughout the State who may favor a
change. And if, by that means, the present Con-
siution should be re imposed, we shall continue
TO have that result held up as the inevitable con-
sequence of former Loco-foco misrule Whatever
may be the defects of the present fundamental
compact of the people of Maryland, it is not in
ITSELF nor was it ever intended to be the nfrm
''hamsuung" and gelded thing which it has be-
come under the malignant treatment of those who,
in this city, have sworn to cherish and defend it
The Democratic party elected Judge STUMP, but
the same party also elected Judges Prick, MAR
SHALL and KREGs-gentlemen who have worth
lily and satisfactorily discharged their Judi
cial duties. With Judge STUMP, the Democratic
party chose an Attorney for the State under
whose administration there was no complaint
OF delay or negatiol of justice. But at the end Of
his term, the real power of that Court was vested
in the hands which hold it now-the Judge
became mere obstruction, and it would not be too
much TO say, that all his tendencies towards that
position of ob!oquy and contempt to which he has
been consigned, have been studiously developed
and brought out into conspicuous relief, that he
might be used rs a scare-crow against the Democrats
and a scape-goat for Messrs. WHITNEY and SWAMI.
1t is impossible almost to imagine one more unfit
for his place than Judge STUMP; it is therefore
equally impossible to conceive how, with any de-
gree of good faith the part of the STATE PROSE-
cUToR, attempt should have been made to get
rid of nuisance so manifest in itself, and so
Haunted by him before this community. For ur
years the American party has held the State Legis-
lainre, yet has this man not been impeached For
the same length Of time the absolute control of all
the machinery Of indictment and prosecution has
rePosed IN the same body, yet has this unworthy
Judge not been indicted. Mr.. WHITNEY well
knows that this much-abused Constitution, which
is charged with having made HENRY STUMP
Judge, has also provided, not one but two. most
simple, efiectual, and so far as the one in Mr.
WHTNEY's power is concerned most speedy
means ofremoving HENRY STUMP from Office Yet
so well does it chime with the purposes of the
STATES ATTORNEY to have thoroughly democrat
lied Judge, elected by Democrats to take the
responsibility of his own misdeeds, that, should
Judge STUMP, as seems altogether likely, confir m
the election Of the man for whom he is said to have
voted, aud the Democratic Legislature not inter
ere we shall he indebted to the ten years lnita-
ton Of the Constitution alone for an end of this
grievance though we may then perhaps have to re-
greet the substitution by the Clubs, of a worse man,
1t that were possible. In the spirit not of re-
spect for constitutional privileges but of reluctance
to surrender the springs of power, we are told that
aregistration of voters is Observation-Disclosures
here the same question which pettifoggers have
raised in every other State, where such
measure has been adopted by the Legislature and
sustained by the Courts-and confoundng, as none
but pettifoggers would, a mode of ascertaininp
the qualification of voters with the qualification
itself Oar Constitution declares every citizen of
the UNITED STATES, of due age and residence ttto
'be entitled TO vote'' 1t does not saw that he
shall go to certain place, and hand his vote to a
Judge, and submit to be questioned, and give his
name for the purpose of having it recorded at the
time of voting. Yet all this the law declares shall
be done, and without all this no man can vote
still no one dreamed in good faith of calling
these necessary prelminaries, qualifications. Sun
pose lazy voter refuses to go to the polls. Can he
insist upon a constitutional right to have the bal
lot-hox brought, if you please, to his bedside?
suppose naturalized citizen chooses to leave his
papers at home. 1t is not paper in a mans
pocket that makes him a citizen; and the Consti-
tuition says every citizen has right to vote: vet
this being the best evidence of citizenship. the
Judges may lawfully refuse his ballot if he neglect
to produce it. Who ever thought, in so doing
the man was improperly deprived of constitu-
uonal right The Constitution conferS upon every |
qualified man the right to vote once at each cleo |
ton. 1t prohibits any man from voting more than
once, and any man, notqualfed, from voting at all
Obviously all legisaton-not only that essential,
butte that simply convenient-to secure both its
grants ana limitations, is not only conformable |
10 the constitution, but absolutely required by it. |
But the SieSt preteXt of scruple is that advanced
against the States right to re-organize the police
Tor this city because there is constitutional autbor
ity casually conferred on this corporation to nro-
vide temporary police. If the limitation of the
power of the city to the provision of a terpporarv
police does not reserve to the State the entire con-
troll of the permanent police, whenever it NAV
choose 10 exercise it, we may as well reverse the
rules of logic, and forget all the principles of legal
Interpretation. Such objections need to be no
tced only, to show the aRinus of the directors
They are Of 81 piece with the MAYORS demand for
''legal proof and the ATTORNEYS opinion on the
rights of the SHERIFF. In plain English the posi-
ton of the dominant party here may be stated
thus: "We need both violence and fraud to enable
"us to keep possession Of the spoils; under
''our present Constitution we have organized
violence and fraud and have the power and the
''spois; but if we can persuade the world that
evidence ana fraud are the inevitable result of q
''Consiituton not made by us-we NAV eniov the
''spoils without responsibility for the wrong p,
Hence the jealous and extraordinary caution mani
Tested by both organs and officials lest one lot or
title of that miserable Consttution-or rather
their own infamous Interpretation and execution
of it-be intrnged upon. They have made it
both Il reproach to their enemies and shield for
themselves;-as such, they prize and mean to
maintain it.
Esz=I--==~=p<z-==s@-~E
Having already felt it to be our right to COM
ment on the effect of Judge KENps refusal to
accept his commission, we must take the liberty
to say now, what we meant to have said Yesterday.