The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-09-22

camille Agency OF JABEz ID. PRATT Il Co., at our
Counting room, where specimen copies may be
seen.
We took occasion on Tuesday to show the fall
lacy of the idea-which has been of late so stu
diously made current in this city-that the
MAYOR is the only official among us, entrusted
by the laws with the power and obligation
to preserve the public peace, and that his will
and pleasure and sense of duty are the exclusive
refuge of those, whose rights are put in peril by
public violence, actual or threatened We made
it clear, by reference to the legislation of the
State upon the subject, that the special police
organization Of the city was only created by way
of fading the constituted authorities otherwise
entrusted with the preservation of the peace,
which authorities are the Sheriff. the Justices of
the Peace and the Constables duly elected We
do not propose to trouble our readers with an
inquiry INTO the powers which Magistrates and
Constables may lawfully exercise as conservators
of the public tranquility Those powers are
large, undisputed, and well defined That they
exist-and especially the powers of Justices of the
Peace-over and beyond and separate from the
police powers of the corpOraton-is conclusively
established by the fact that it was deemed proper
under the charter specially to confer upon the
MAYOR the powers of a Justice, in addition to
those with which he was endowed as the NUM-
cipal Executive Certainly it does not lie in the
mouth of Mr.. SWAMI to deny the distinct and
separate nature and existence of executive and
"magiserial' functions-for he has lately asserted
the latter in pSpctice in spite of the present Con-
shuuon, and has expressed great Indignation in his
recent address, that anybody should have had the
temerity to question the propriety of such asser-
ton. But whether Mr.. SWAMI should dispute it
or not, the Constitution ITSELF in the 10th section
of its 4lh article would seem to settle the cues
ton, by providing that both Justices and Consta-
bes ''shall be- by virtue of their Offices conserva-
tors Of the peace in the counties and city respec-
''tvey." And yet-be the separate and indepen-
dent police powers of Justices and Constables rs
clear and ample as they may, and as independent
OF those OF the MAYOR as be conceived-it is of
course idle to look to such officers under exist
ing circumstances, for that assumption of re-
sponsibility which would restore the confidence
OF the people in the strength and efficiency
OF the laws. Unhappily, the standard of fitness
for such places has fallen with the sinking level Of
official qualifications generally among us, and the
assumed monopoly of all police authority and re-
sponsibility, which has inflated the "Citv govern
''ment, has dwared the comparatively humble
officials alluded TO, both in their own estimation
and that of the public. With the Sheriff. how
ever, such has fortunately not been altogether the
case. The responsibility and emouments of the
office, and its influence and power have caused if
TO be sought and obtained in the MAN, by men
Oh character and courage, and although the exist
tence OF municipal police especially appointed
for the preservation of public order and protesting
TO maintain it. has rendered the intervention of
Inc Sheriff unnecessary, or at least unusual, in
the ordinary course of things, there has never
been moment in the history of the City, when
he has ceased to be regarded as its chief peace Off
Ger, by those who have paused to consider the real
distribution of administrative authority. The
powers which the common law confers upon him
are OF the most comprehensive and responsible
character, and there is not to be found upon the
statute-book of Maryland single line, QUALIFYING
or diminishing them, one jot or title It is a
matter of serious congratulation at the nresent
time, when every thing is questioned that stands
In the way of official presumption or party des-
potism, to know that the functions of the Sheriff
have recently been defined by the highest judicial
tribunal of the land, in language not TO be mis-
taken, and in case especially arising under the
laws and system of this State We refer to the
case OF SOUTH against the State of MARYLAND. de-
termined by the Supreme Court of the UNrrEp
STATES in Is Howard's Reports $780, On page 400,
that exalted tribunal enumerates the peace-powers
of the Sheriff, in the following words
Gas CONSERVATION of the peace, in his county or
''bailwick, he is the representative of the KING
Tor sovereign power of the State for that purpose.
''He has the care of the county, and though for
'bidden by magma chdrta to act as Justice of the
Peace in trial of criminal cases, he exercises all
the authority of that office, where the public peace
= is concerned He may, upon view, without
writ or process, commit to prison all persons who
'break the peace or attempt TO break it; he may
award process of the peace, and bind any one in
'recognzance to keep it. He is bound, en- ofcio.
ITO pursue and take all traitors murderers, felons
'and other INSIDERS, and commit them to iail for
safe custody. For these purposes, he NAV COM
'mand the posse cOmtatus or power of the county,
"and this summons every one over the age of fifteen
"years is bound to obey, under pain of fine and
imprisonment"
Again, on page 4O3, the language used is still
more pointed, viz.
''The powers and duties of conservator of the
'peace, exercised by the Sheriff, are not strictly
judicial but he may be said to act as the Chief
magistrate Of his county, wielding the e1ecmige
'.po'cer 1'r the preservation of tie public peace I
IT'S public duty far neglect Of ,chich he is ansver-
table 10 the public, and punishable Ju indietqentn
In the exercise of authority, so high in its de-
gree and in its department supreme, the Sheriff
is the representative of that sovereign and unsur
rendered power which pervades the whole terri
tory of the State, and to which every local or mu-
nicipal organization is subordinate He holds his
place under the Constitution, and from no merely
legislative creation. He is, within his bailiwick
the official guarantor of that protection which the
State is bound to afford to every citizen in ex-
change for his allegiance. He is not merely
Justice of the Peace, as the Mayor
outside of his police organization, at the utmostis
but he is ''the chief magistrate of his bailiwick
"wiedng the executive power of the common
wealth, for the maintenance of its laws and the
vindication of the rights of its people, He is not
restricted to one hundred or five hundred men, as
the force by means of which he may uphold the
laws, but ne may compel, under penalty of Ene
and prison, the services of every male inhabitant
of Baltimore, over the age of fifteen. He NAV an.
point thousand deputies, if he sees ft and GO
clothe them all with the power of the law tho+
resistance to any one of them, in the ner-
Torrance of his duty, will be resist
ance to the law itself. He may summon the
MAYOR and police and the whole s'city govern
'ment" if he pleases, as part of his posse, and
compel them, under the penalties described, to do