The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-02-07
BALTIMORE.
MONDAY, FEBRUARY 7, 1859.

derer. The subject is one so fu oil utter humllla-
ton that we recur to only from the deepest
of duty. No community can acquiesce in the
degradation of the tribunals of Justice except up
on the terms Of consenting to its own demoraliza-
ton. 1t is impossible that the majesty of the laws
can be upheld, when there is an end of common
decency in their administration. The Court over
which Judge STUMP presdes, is the constitutional
tribunal appointed for thepreservaton of the public
peace, and the protection of person and property
among us. In his hands are the issues of life
and DEATH so far as the law deals with them,
among quarter of a million of people We can
not ignore the incubus, escape its influence for
evil and shame. Something must be DONE there
FORE TO ourselves from the present disgrace
unless we prepared to see the law and its in
estmable guarantees sink into the depths of con-
tempt, with the tribunal
We presume that there can be no difference of
opinion, among intelligent people, in regard othe
outrage perpctrated by Judge STUMP, in his re-
Gently expressed determination to disobey the man
date of the Court of Appeals We say nothing
of the uncomfortable indecency of the mode in
which that determination has been announced
If it had been couched in decorous language and
on motion to take up the case of FORD anew,
for trial, it would have been less dSporasins, Of
course to the personal responsibility gifts author,
but would have been less violation of his sworn
and indisputabe duty. The privilege of suing out
and being heard writs oferror in criminal cases,
is one depending upon no !'act of Assembly
as Judge STUMP in his ignorance real assumed de-
mands ofthe Court of Appeals that they shall point
out. 1t is privilege of the ''common law of Eng
land" guaranteed by our Declaration of Rights, in
its third Article, to 'the inhabitants of Maryland"
1t is privilege which has been asserted and allow
ed perpetually, since the Revolution, as it was as
serted and allowed before-a right which has
been recognized by all the Judges who have safe up
on the Bench in our State, and which cannot be
subject of question with any one who is familiar
with the decisions of the Courts or the commonest
learning of the legal profession. In the case of
Manly Us. The State Il Maryland Reports 1876 car
ried up from Judge STUMP's own Court, and de-
cided by the Court of Appeals, at December Term
1854, the whole question, as Judge STUMP well
knows, was fully argued in its application 10 the
provisions of the present Constitution and def
nitively settled in conformity with what had been
the fixed and undisputed rule prior to the adop-
ton of that instrument
But the ignorance or recklessness of judge
STUMP does not content itself with questioning
the power of the Court of Appeals to hear wris of
error He affects to suppose, desires it to be sup
posed, that the appellate tribunal not only hears,
but issues them. He says to the Judges
Now Judges Of the Court Appeals allow me to sug
gest that If you had pointed out to Act of
you q al
case would have obeyed the Act of the Legislature
with aacrity. You will me for DENYING the ex
lstence Of any such act of this StateH
The MISUNDERSTANDING and malice of this sug-
gestion can only be appreciated by those who are
aware that neither the present nor the late Court of
Appeals ever issued or claimed the FREDERICKSBURG
writs of error, under Act of Assembly or otherwise
to do so being part of the peculiar jurisdiction of
Courts of Chancery only, and of the Courts of
Maryland clothed by the Constitution with Chan
Gerry powers. The very writ, in FoRD's case. was
issued by Judge kREBs, in the exercise of his con
ceded Jurisdiction, without any action of the Court
or Appeals whatever. On its face, it required the
record to be sent up to the Court of Appeals 'for
the correcting of the error alleged to have been
committed. Judge STUMP obeyed it, by transmit
Ting the record accordingly, and must have known
that be was raising false ISSUE and combating
power which no one had asserted, and of which no
one but himself could have had the faulty to
DREAM II he nao any ovuut -~a,aa.,
legality of the writ of error he should have refused
to obey it. To have sent up the record for the
express purpose of enabling the Court of Appeals
to correct his errors, if any, and then to impeach
the action of that Court in assuming so to correct
them, places him in predcament from the con-
scious dsparagement of which only his haltual
Inconsistencies can save him.
But this is not all. Judge STUMP goes farther,
and disputes the authority of the Court of Appeals
to command him, by procedendo, to try FORD over
again. 1t is unnecessary to comment upon this
futile and puerile subterfuge. To concede to the
Court of Appeals, the law comedies to it, the
right to hear and determine the error, and yet deny
10 it the power of sending back the record, after
the error is corrected, would be to stul-
tify at once the judicial and legislative
departments of the Government. The question as
to the right of the Appellate Court to issue proce-
dendo in criminal cases. was raised and determined
in favor of the right by the late Court of Appeals,
in the case of the State as. Buchanan, Is Harris q
Johns. Rep. 1868, us far back as 1921 The doc
tr'ne of that re-afirmed by the present
Court, in the case of Har,oood u.s. MARSHALL 20
Md. rep. 1919 decided at June term, 1856 1t is,
therefore, no longer matter open to discussion if
any thing can possibly be concluded by the judg-
ments OF Courts. Only one more of Judge STUMps
extraordinary objections to the discharge of his
sworn obligations, is consequently left to be con-
sidered. 1t is, perhaps, the most remarkable of
them all, and would certainly he very fair evil
dence, under a commission of lunacy against any
sober man. We refer to the constitutional diff
Guilty, which he tendery raises against putting the
life of the prisoner in jeopardy second tme for the
same offence. FORD is convicted and is rpout to be
hanged. He applies for a writ of error, and is
awarded another trial under that application.
Judge STUMP thinks it will leopard his life to al
low him another chance of getting off By the
same process of reasoning twould seem to be demon
strable that to discharge the altogether would
be to murder him outright
SO much then for the law which CHALLENGES
Judge STUMP's submission and obedience and the
fimsy and disreputable pretexts to which his van-
ty, or obtuseness or perversity, or worse, has re-
sorted, to evade the ful6lment of his duty. We
have abstained, thus far, in considering them
from all discussion of the question as to whether
the Judgment of the Court of Appeals in this par
tcuar case, right With that, Judge STUMP
has nothing whatever to do. 1t is the law of the
case, decided by the competent tribunal, and
whether he approves or disapproves Of it, is not
matter of the slightest inportaneo public y, ~
any one else. The Constitution and laws which rem
der him subordinate and the Court of Appeals his
superiors make it his obligation to do what he is
commanded, and render it ridiculous for him to
plant himself upon his already over-ruled opinion.
Of course he differs from the Court of Appeals but
that difference his part, is the very error which
the case was sent up to correct. His business is
to obey those whom the Constitution, and the peo
pie in pursuance of the Constitution have appoint
ed to be over him. We should not, therefore,
deem it necessary to say a word upon this point,
but for the very remarkable course which has been
pursued, in regard to it, in other quarters. Our
neghbor of The American for instance-in an edi-
torial on Wednesday Nashville enforcing, with
virtuous severity the duty of Judge STUMP to
obey the mandate of his official superiors, paid a
tribute to its own habitual system of offering in
cense on both Sides by the following singular OBJ.
servation:
The pursued by Appeals in the case
meets with almost uni ersal approval among
OF the pie and Is regarded unnecessary applica
ton those legal and bubbles calculated to