The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-08-03

W. cannot undertake to return rejected Communica-
u,1.' 70 he addressed "To The DAILY EXCHANGE
baltimore Maryland
.,--..-----az~-~--~-
Amono the various abuses that like i'll weeds,
,,,.o crown apace under the present City Admin
;-4ro+or there is one which is not the less oblec'
,ionqbic because it has been introduced, and even'
- como extent. found favor, under the specious
misc Of reform. We refer to the preliminary eX-
o,;,o+;ors which now usually take place before
49, ,,.,r ~, HE representative in cases of actual
or suspected crime-a course OF proceeding "holiy
unauthorized by law, and certainly not Jusllheo
l,,- any practical good that can be shown to nave
.o,r,+od Tins far from its adoption. The practice
Of holding such examinations originated, we be-
love With Mr.. SWAMI, shortly after his reelection
to the Mayoralty-was first suggested by him IN
. prnted proclamation, in which, with custom
,ry orandoouence, he announced his intention OF
.nacing himself at the head Of the police, and ex-
uercisinc. in future the magisterial functions ofhs
ooffice'-and was regarded, we remember, by
many persons at that time as an ingenious device
on the part of His Honor, to escape the RESPONSE
hiity- of removing the faithless Police Magistrates
whom he had himself appointed, and still kept in
nlacc and. at the same time, appease the universal
INDIGNATION which the incompetency and dlshon-
estv Of those officials had excited. From what
authority Mr.. SWAMI professed to derive the ma
ssoisterio functions in question, or by what war
rant he assumed to set up, what he has been PLEASED
to call, somewhat pompously, his "Court," we do
n,t Enow-unless he claims to have found both
in the original charter of the city-passed Novem-
her l7o6. In the 9th section of that venerable
instrument. which is entitled Gan Act to erect
Baltimore town, in Baltimore county, into
"a CITY, and TO incorporate the inhabitants there
"of,' it is stated that 'the MAYOR shall, in
"virtue Of his Office, have and exercise all
''the jurisdiction and power of Justice OF the
peace except as to the recovery Of small debts
The Constitution Of Maryland, however, more re-
cent in date and paramountin authority in prescrlb-
ing the extent and depositares of the Judicial pow
er in this State, makes no mention either OF the
MAYOR or his ''magisterial functions" 1t defines,
with scrupulous minuteness and precision, now
many Courts of civil and criminal jurisdiction, and
how many Magistrates there shall be-in the city
and in the counties-and how they shall be elect
ed; aud nasmuch as it operates as repeal of all
previous and inconsistent laws, it may well be
doubted whether the assumption by Mr.. SWAMI
of the powers and jurisdiction of Justice of the
"Peace" is not as completely without author
ity of law, as would be an attempt on his
part to erect the tribunal over which he affects to
preside into Court Of Oyer and Tcrminer.
But if the legality of Mr.. SwANN's action in the
premises be questionable-its propriety is even
more so. It can scarcely be denied that the pub
liciy with which these extra-judcial examinations
before the MAYOR, are conducted, and the extent
10 which His Honor sometimes shows disposition
to push his Investigations must frequently
operate very prejudically to the interests o
public Justice The publication in the newspa
pers of all the details attending the preparation
of any crime, including the statements of the very
witnesses by whose testimony the guilt or inno-
cence OF the party accused of its commission must
subsequently be determined, necessarily has a ten
dency to restrict within very narrow limits the
circle of those who are competent, underline existing
laws with respect to the constitution of uries, to
sit as Judges in the case. Ali the materials for
forming an intelligent opinion upon the subject
being placed months beforehand it may be, in
the possession of the public, it naturally follows,
thatasa general rule, only the most ignorant and
those least qualified in point of character and posi-
ton, for tue duties of the juryboX, will be found
TO have RETAINED from making of those materials
and from framing their conclusions accord
ingly. Indeed, that people may not lack encour
agement thus TO PREJUDICE cases which are after.
wards, in due course to before the constituted
tribunals of the law, it rarely happens that Mr.
SWAMI ever disposes of a case without an unquaIi
fed expression Of his private and individual
opinion to the guilt innocence of the prisoner
before him-thus utterly installing the object ofth
preliminary investigation, in the first instance
and not unfrequenty seriously embarrassing tn
action of the Criminal Court subsequently. No
is His Honor always careful to confne himself t
the consideration of the actual case before him
Upon the recent examination of JUsTUs KEEFER
charged with shooting the woman DUFFY, Mr.
SWAMI, after formally acquitting KEEFER Of al
completely in the murder, as it has since proved II
lie, proceeded 10 read that individual homil,
upon vice in general and the crime of seduction il
particular, winding up with the expression O
Il hope that the husband of Mrs. DUFF,
NoV'Iu suV MN i\EEFEhJ III tlle ClNH NOuTtS! IL
yet another case lately heard before the actinI
Mayor Mr.. JOHN r. FoRD, where man was &C
cused of starving his step-chid with intent to xii
it, we were informed that Mr. FoRD, afte
hearing the evidence gravely suspended hi
opinion, until he had investigated to his salts
faction, the question whether the accused had an
pecunary motive for matreating the child. Now
all this is a sheer and palpabe abuse of the ''mag
'isteral function and if tolerated much longer
will supersede the necessity of having a Gran
Jury altogether-Mr. SWAMI and his represents
tive seeming to consider themselves as investe
with all the powers and responsibilities of tina
body. Another evil resulting from the course G
the MAYOR, in this respect, and which Grand Jurie
We're expressly designed TO prevent, is that by til
public and premature presentation Of the evidenc
for the State in criminal cases, the prisoner an,
his friends put in possession of all tn
points in the States case, know exactly who th
States witnesses are, aud what each one may b
expected to prove upon the trial. and are, conse
quently, enabled to adopt and pursue, at thei
leisure, whatever eXpedients of intimidation
corruption, or perjury, they may deem requist
to a successful defence. Nor are these variou
evils compensated for by any corresponding goo
that Mr.. SWAMI has been able to effect through tn
fundamentally of his Court" His power is ne
cessarily limited to that of releasing or holding t
bail in cases brought before him for exam
nation, and in neither event is his action final
Persons whom he may have discharged from Gus
tody, may be subsequently, arrested upon benc
warrants, and prisoners whom he has committed i
the morning, in default of what he considered goo
and sufficient security, have been turned loose i
the afternoon by the Judge of the Criminal Court
upon bail no better than that which Mr. SWAN
had previously refused. Impotent, therefore, fo
good, and only productive Of evil the MAYOR
Court cannot be considered but in the light of a
additional obstruction in the way of public justic,
for the further continuance of which. any triain
qualification which Mr.. SWAMI NAV derive frol
the exercise of 'magisterial functions, will he ~
garded as very insufficient excuse.
E<-m~a@-zzu-aurmuu-x
In advocating, as we have DONE some action q
the part of citizens at the approaching electo,
independent of all party ties and distinctions, v
are neither unaware of the difficulties likely
,ro,-o~+ oh q uovamaut nor of the isolated