The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-12-07

If elected would refuse to accept the office because
there had been no legal election; but he came there
as one who was himself a candidate he used that
term in the sense of one that voted for land be-
ing so voted for, he had the right beyon
that of an ordinary citizen, to appear and
I protest, and to call his Ilonor's attention to
! such facts as would enable him to decide properly
! the duties which the Constitution imDospd on him
| Why should not Mr. Thomas be allowed to come
and show to his Honor that the election was a null
| MY? and why had not any legal voter a right to
! come and do likewise? They came there to assert
| that the election of Mr. Whitney was ILLEGAL and
invalid, and therefore good for nothing. They did
not come there to claim the enoluments and profits
OF this olce-but to show his Honor that it was an
extraordinary position which his learned friend
took In reference to voters coming forward and
protesting, as citizens, against the election. Mr.
D referred to I'd Swann's Term. Reps With
regard to cost, there would be no Inconvenience on
that head, as the Court had the right to say which
was liable for them. Mr. Thomas did not stand
merely IN the position of elector but he stood in
the attitude OF one who alleged that his election to
tins Office had been defeated by organized violence
and fraud. "On the first Wednesday of Novem-
Der, the polls with the exception of two or three
wards, were at an early hour taken complete DOS
! session oiby organized bands of armed men, who
prevented the thereto of majority of the legal
voters who desired and intended to vote for the said
Thomas. His allegation was that he was a candi-
date tor this office, and that these armed men did
Keep away a majority of the legal voters Thus
upon the present attitude taken on the motion to
DISMISS by the opposite party, they had right to
assume that their allegation in the petition was
true. 1t would be making fare OF the law to say
that the petitioner could not complain of the great
wrong which swallowed up all others in its results
lMr. D. then made some remarks about parties
naming away from the polls alluded to by counsel
for the defendant. He said. continuing, if the
provisions in the Constitution be good for nothing
because 1t does not specify the precise means by
which 1t shall be carried out then that clause would
be shorn of its power, and the election of States
Attorney could not be contested anywhere With
regard to the votes of absentees being counted they
did not wish his Honor to count them, and Mr.
Thomas made no claim that thev should. 1t was
not question whether the the other was elect
ed, but an inquiry to whether or not majority of
the legal voters were not kept away from the polls
by fraud and violence
The Court asked when the Legislature met and
Mr.. Steele informed him by stating that he thought
1t was the first Wednesday in January.
Mr.. Gill followed Mr.. Steele on behalf of the plain
IT'LL saying that the subject had been so fully discuss
ed already by his friend and colleague, to make it
almost impossible for him to say ANYTHING without
| traversing a good deal of the ground already
touched on, and instead of strengthening the mat
ter, 1t might be his misfortune, perhaps to make it
somewhat weaker; but before proceeding, he re-
erred his Honor to the general principles of the
law as laid down to cases similar to that which
they were now considering-to the principle of
Legislative Assemblies by Cushings to be found on
page 67 of EIectons-"where the great principle
cOntended for, that that which Law at the foun-
datiOn of all elective governments. was that the
electors should be free in giving their sutfrages
and that, where the electors were prevented
from the free exercise of their right the election
would be void, without reference to the number of
votes thereby affected" There the broad princi
pie set forth, and he was sure that no one
would doubt of the sOundness of the principle as
there stated. He was his friends on the other
side would not question the correctness of this
prlncIple. The allegation made by Mr.
Thomas was, that on election day 4 band OF
laWless men took possession Of the polls
drove away from the polls those who diff
Tered IRON them in opinion, and prevented
majority of the people from expressing their senti
ments on that occasion; and yet gentlemen came
into this Court and seriously asked it to set aside
this petition, and declare that there is nothing in
itand to ask this Court to say'Y ou have made no
case whatever-you have stated nothing which en-
titles you to hearing and your petition shall be g-
nomnous Y dismissed" That's what they ask YOU to
DO, and what they appear to suppose YOU will do
They speak Of elections in Baltimore az if it were
impossible to have free and fair election here.
And when sentiments of this sort are promulgated
in a court of justice, no wonder that awless men,
who have committed the outrages that have been
committed upon the people of Baltimore, en-
couraged and induced TO go and on; but | am
one of those citizens of Baltimore who has said
and who will now take this opportunity of reiera
ting it, that | do believe that we can have fair
and free election here; but unless those in author
ity and have the power unless those who admins
ter the laws-enfOrce the laws, then, indeed, such
possibility is diSpelled-otherwiSe there is posi-
| bility of having fair and free election in this
community. The question was, is this election fair
or not?
The remaining remarks of Mr.. Gill were pretty
much OF the same nature as Mr.. Steele's, he con-
tending that the Constitution gave the Court be
y"nh Il doubt, the say whether the election of
States Attorney on I'd November was fair or
| not
| Mr.. Nellott again arose and made few remarks,
in the course of which he said that so far as his
friends ON the other side for freedom at elcc-
tlOns, they were agreed, and far as they desired
that the state Of things that heretofore existed at
elections should not continue, there was no differ
ence of opinion; and that they had to some extent
existed in the late election to him a subject OF
regret as well rs the petitioner; but he conceived
all these things foreign to the question now before
! his Honor. When he said that he did not believe
| that it probable, even possible, that there
! could be- under the present system of laws, per-
tecty ialr election, he meant to italicse the word
! perfectly. He would not say as to the future but
he said as to the past, that he did not believe there
! had been a perfectly tair election since the new
| Constitution had been adopted. The case of Mar
shall against Kenan, decided by the Supreme Court
of Tennessee before referred to, again brought
up, and
The Court asked whether that was an election
| held under the law under the Constitution?
MIR. y elliott said it had reference to both. Itwas
case where in one section of the city, there was
no election at allthe polls not having been opened
| in that part of the city. Mr.. Y. asked where the
power was in the Constitution to annul the election
DtCduse lHeTe was TOWuYlSm IN tnlS section OF the
city, some rioting in that bloody nose here, and
black eye and broken head there? After some
further remarks having reference mainly to the
| ground previously assumed, Mr.. elliott resumed
his seat
The Court asked plaintiffs what was their assu
rance that the Legislature would order specia
| election?
Mr.. Steel said he could not say whether they
would or not but he could not what hi.
Honor had to do with what the Legislature woulc
do. He could not tell his Honor what they woull
do, but he could tell him what he thought they
ought to do.
The Court, after hearing the different argu
mentS, said he was unable to say whether he wOult
be prepared to decide this tomorrow or not
and ordered the Court to adjourn until to-day a
ten O'Clock. after session of about three hours.
UNITED STATES CIRcUIr CoURT.-Hon. VIM. Eel
Giles, Judge.
The December term of this Court commenced
yesterday.
The Grand and Petit Jures were called n,
business was transacted. The Petit jury was dis
charged until Monday morning next.
The following is list of the Grand Jurors sum
moned by Marshall Watkins:
Samuel w. Smith, Joseph L. Quinlin, John A
Dobson, f. Hoffman, Charles Howard, Charles J
Baker, Richard Johns, John X. B. Emory, Georg
II. Byrd VIM. F. DaIrymple. VIM. Wilson, ,IaTe
H. Barney, Samuel X, George, J. II. McIIenry
Henry Snyder, Alfred Brenton, John Hoffman
Wilson n. Nicholas, William c. Thomas, JOIN
Sharkey, Joshua Jones, James F. Pendergast, II
H. Chase.
The Grand Jury returned two or three present
ments for assaults on the high seas.
Nothing done in the other Court.
SUPREME CoUEr OF THE UNITED SrATEs.-WAsn
INGroN, Dec. 5.-Present. The Hon. Roger
Taney, Chief Justice; Hon. Samuel Nelson, Hon
Robert Grer, Hon. John A. Campbell, and Hon
Nathan Clifford, Associate Justices.
On motion of r. s. Coke, Esq, Stephen b. Ran
som, Esq, of New Jersey was admitted an Attor
ney and Counsellor of this Court.
On motion Of VIM. H. Crabbe, ESQ., Duane WI
liams, Esq, Of Pennsylvania was admitted a
Attorney and Counsellor of this Court
Mr.. Chief Justice fancy announced to the Ba
that the Court would commence the call of tn
docket tomorrow, under the 2Gth rule
Mr.. Justice Wayne is now holding a Circui
Court of the United States for the District O
Georgia, and will take his seat next Monday, til
18th inst.
Reported for the Daily Exchange
TOWSONTOwN, Dec. g.
CmCUIT Court FOR BALTIMORE CouNrY.-Befor
Hon. Judge Price.
Richard j. Cuttings, Esq, Attorney for the STATE
prosecuting.
The following on the civil docket were di
} posed of as follows, viz
Agreed.-Nathaniel g. Kcene vs. Richard Greer
[ Aquilla ID. Keen Richard Green and Waite
Farnandis, two cages; John McGaw, of James "
| Aquilla D. Keen, and Stephen Barton VS.. Joh
Sandraghan.
: Of.-State Of Maryland, use ofRebecca F. Merr,
man, vs.. Samuel W. Merryman and Charles X. Pow