The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-10-15

We find published in The Patriot of Thursday,
and copied into The american of yesterday, a
card from the Hon. THOMAS SWAMI, addressed to
the Editors of the former journal, in reply to a
charge of personal bad faith brought against him
by the latter. The American, it will be remem-
bered, in its issue of Monday, while announcing
the arrangements made by the MAYOR for the pre-
servation of the peace and the protection of voters
at the Election on Wednesday, added
sit is understood that the Mayor has the
sponsbility of holding all who arrested during the
day anil the closing Of the polls the Police Magistrates
having received instructions to that effect"
This statement The american declared and has
since repeated, was made ''on the authority of
''Sherf CREAMER''-who ''assured" our contem-
porary, ''that the MAYOR had pledged himself to
"that effect" The very words of the MAYOR
were quoted by The american i'll confirmation of
its statement. In answer 10 the suggestion of
doubt, by Mr.. DULANY, as 10 the illegal authority
of the MAYOR, without the cooperation of the
SHERIFF, to detain in custody persons arrested by
the police, Mr.. SWAMI is reported to have said
"Well, Sir, will take the responsibility, on that
"you may depend" The use of these words,
Mr.. SWAMI, in the card referred to, does not
deny. His palpable evasion of the direct
point of The American's charge is
substantial acknowledgment of the literal accuracy
of its report. With characteristic indirectness
he states that he "did not view the visit of Mr.
'CREAMER as an official one, to exact pledges from
him." and that he consequently t'made none''-
but that he used the precise words attributed to him
by The american he nowhere Denies With respect
to the question of personal good faith pending
hatv aio bona ,,lt Io N,
and shall have nothing to say. Our own estimate
of the value TO be set upon Mr.. SwANN's promises
we long since announced and more recent ex-
perience has only confirmed the views we originally
entertained Under any circumstances, the alb
surdty of the particular pledge which he is charged
to have given in the present instance, would have
prevented US from attaching the slightest impor-
lance to it. The idea of 'instructing' judicial
offcerS-whether Justices of the Peace or Judges
of the Court-as to their duties or the mode of
performing them, could scarcely have entered the
head ofany other functionary than Mr. SWAMI
Had he issued the instructions he promised he
could not have enforced their observance. Neither
the SHERIFF nor the GOVERNOR have any such
power, and its assumption by mere municipal
officer the head of corporation -wonld
have been simply ridiculous. In not doing,
therefore, what The american charges him with
having promised to do,-Mr. SWAMI escaped the
absurdity of attempting what he had no power to
do. We wish we could cite the fact in proof of
the improbabity of his having made any such
promise-but unfortunately we cannot What we
have complained of in Mr.. SwANN's course has
been-not his breach of personal faith-which we
do not regard-but his breach of official duty-in
not exercising his own authority, if any he have,
or making use of that of the SHERIFF, which he
clearly might have done, for the purpose of pre-
serving the public peace. In excuse for this vio-
latlon of duty, Mr.. SWAMI pleads the opinion of
the STATES ATTORNEY, to the effect that neither
the MAYOR nor the SHERIFF possess the power to
detain prisoners arrested by the police. He ap-
ponds TO his card, his own note to Mr.. WHITNEY
soliciting his opinion upon certain points therein
propounded, and Mr.. WHITNEY's reply-'tcon-
''curred inn by that gentleman's subordinate and
his own-the DEPUTY STATES ATTORNEY and the
Cry COUNSELLOR. 1t is added, that the opinion
was submitted to Mr.. DULANY and Mr.. MER-
REDITH, and concurred in by them-but this state
ment we find it difficult to credit Nothing but
the formal publication of the fact, over their own
signatures, can convince US that those gentlemen
have lent the sanction of their professional names
and regulations to opinion so manifesty inioui-
tous and absurd. In the first place, the Mayors
questions and the STATES ATTORNEYS replies are
equally foreign to what both knew to be the true
and only question in the case. The MAYOR asks
the opinion of the STATES ATTORNEY:
AS to the of the Mayor of this city, in refer
prisoners arrested by the lice and delivered
the Station houses?
and the STATES ATTORNEY replies
that in cases night party from the ne
cessity of the case, may be imprisoned in the
house all night and reasonable diligence has been shown
if he produced for examination before magistrate in
the morning. station house is legal prison for
ncipal purposes and as general rule, magistrate,
ties has more right to there and demand the pro-
duction of the prisoners before him. and proceed
upon their cases. than he would have go to the gate
house of the jail and there similar DOW
ers But in of arrest in the day time for mis-
demeanors bail matter Of legal right and not of dis
creon and the person arrested should be conveyed be-
magistrate, or If brought to the sation house, in
which can see no impropriety his case upon his de-
mand, should be examined with all convenient speed,
either by the magistrate in authority there or in his de-
fault by other, and he should be baed upon fur
nhing proper and reasonable security Any other prac
tce than this would amount to punishment without trial
at the will Of every officer who may make an arrest
Now-Mr. SWAMI knew, and Mr.. WHITNEY
knew also, that what this community was inter-
ested In showing, was-not whether the MAYOR
possessed any extraordinary or unusual powers as
to the disposition of prisoners arrested and
brought in, in the common course of criminal
justice-but what were the powers of tbe MAYOR
as a conservator of the peace All Justice. Of tbo
Peace are, by virtue of their Office, conserv.tors
of the peace. The MAYOR claims to be Trs,;oa
Mr. WHITNEY has repeatedly recognized him in fbs.
capacity, by acknowledging the validity of commit
ments made by him, and by permitting his Deputy