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

supply arguments or justification, directly or indi-
rectly, to those who are in arms against the law
and its ministers. They are bound, in common
justice, to presume that the unanimous opinion of
the highest judicial authority of the State is apt
to have some thing in it, which even ''the mass of
''the people" might pause to reflect over before
condemning it by wholesale. 1t were but COM
mon wisdom for them to remember that the Court
OF Appeals would be unworthy of its trust were it
to yield its conscientious convictions, in apprehen-
sion of the ''dsapproval" of every man in the
community. If the Constitution had designed
questions of law to be settled by s'the mass of the
people, wrts of error would have been return
able before town-meetings, instead of being sent
into the chambers of justice. But whether people
are disposed or not to be just, or are able to be
wise, they ought at all events, to be conserva-
tive, and if they cannot understand or concur in
the Judgment, they ought, at least, to hold their
hands from assailing it, until the time shall have
passed, when criticism must give countenance to
resistance.
But the statement of our neigbbor as to the
public judgment upon the matter is more than
ill-timed. 1t is so far as we can learn, without
foundation. There is undoubtedly some differ
ence of opinion to whether the Court of Appeals
could, legitimately, go behind the record of the
Criminal Court-or did go behind it in fact-but
there is no public opinion whatever, that we have
been able to discover, which has adopted our
neighbours enlightened idea about 'legal technicali-
sites and bubbles" The Act of Assembly which
defines the degrees of homicide, expressly provides
''that the Jury shall ascertain by their verdict
whether it be murder in the first or second de-
'gree." If the Jury did not so ascertain in
FORD case, this verulct was verulrt--it w a. q
simple nullity. The american may consider it
"technicality'' ''quibble" but the legislature
made it so, and not the Court, and if the Court
of Appeals-fnding that the Jury did not ''ascer-
"tain'' the degree ofhomicide as required by law
had allowed the prisoner to be hanged under
Judgment rendered thereupon-their neglect of the
"technicality" would have been simply perjury,
and their disregard ofthe ''quibble'' merely murder
They did find that the verdict was defective under
the statute. They found it-not by going outside
OF the record-nor by considering afidavts in
opposition to it-as is suggested, with such gross
injustice, by those who assa their Judgment
They arrived at their conclusion, from Judge
STUMP's own statement of the facts, embodied in
his own written judgment, which they were called
on to rev.ew-a statement introduced Intentionally
by him as part of that Judgment, and on which he
relied to give it force-both before the public and
the appellate tribunal. They found, from that
statement, that the formal entries called up before
them for review, were not legitimately made-that
they did not truly state what were the real facts of
the verdict rendered. Finding this, on the au-
thority of Judge STUMP himself they had no alter
native but to reverse his Judgment. 1t would
have been mockery of common sense and a
violation of obvious duty-a t'technicalty'' and a
'quibbe" of the most criminal character-if they
had permitted the judgment to stand, upon the
naked legal presumption that the entries of the
Clerk were true when they had the certificate
of the Judge before them, to show, that
those entries, in reality, were false. Again we
say-as when first called to comment on the
mater-the responsibility of all that has occurred
the delay, the controversy the public scandal,
and thefraud justice if the prisoner escapesmust
rest exclusively and heavily upon theCrminal Court
and Its officers, whose ignorance, or absence, or
neglect, or temporary obfuscation, allowed the
verdict of the Jury to be taken and recorded, with
out regard to the established and essential forms,
and in dsobedience to the peremptory exaction of
the statutes.
What is to be the result, should Judge STUMP
persist in his contumacy? FORD cannot be hanged,
because the Court of Appeals has reversed the
acknowledgements and the Governor can issue no
warrant upon it. He cannot be discharged, be-
cause Judge STUMP himself insists that he was law
fully convicted of murder in the first degree. and
that the Criminal Court will not recognize the
validity of tho Judgment of reversal. Mr. WHIT
NEY must, of course, call up the case He may
remove it, if he peases, to the County, and he is
N~--a, - ---:---,. -, r-l.- e,-----,-
expression of opinion, provided the Judge will
allow him. But that functionary, if consistent
must refuse to NEEDLE with the case, in any way,
for removal or otherwise. Should he do so, Mr..
WHITNEY's duty is perfectly plain. He should take
the matter before the Grand Jury, at once, and
have the Judge indicted ''for msbehavior,"
so that he may be convicted forthwith,
and removed, under the Constitution
The process of impeachment is too slow for the
aggravated necessities of the case. A mandamus
too, if it lies, will only effect, indirectly if at ALL
the great object in view-the relief of the people
from the dshonor and the perpetual obstruction of
justice, which must be entailed on them by Judge
STUMP's continuance in office. Day after day
every report of proceedings in his Court discloses
some new outrage upon public decorum-some
maudlin blow stricken at the commonest proprie-
ties of private and official life. No one can
appreciate, except from personal observation, the
Notifying reality, of which the published state
ments are but a faint reflection. Seconding, as
we heartily did, the proposition of the Grand Jury
to cause the exclusion of minors from the sittings
of the Court, it was not more that they might
escape the baneful influences of the trials there.
than that they might be saved from witnessing the
melancholy and corrupting exhibitions of the
Bench itself The purity of youth has less to fear
we think, from the contamination of exposed and
punished crime, than from the sorry spectacle of
age and station, without reverence or selfrespect-
the solemn judgment-seat protaned by ribad levity,
and all its sacred decencies and duties laughed
wilfully to vulgar scorn.