The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-06-20

of similar want of fair treatment
There a great many people whose sheer
downright luck would make them immortal, were
they only proof against suicide They get into all
manner of dificulties-incur all kinds of respon
sibilities-do all sorts of things that would be the
instant death of less fortunate and more wise and
worthy people-and yet they manage, somehow or
other, not only to survive, but to overflow with
vitality, until it is discovered, some bright morn
ing, that happily, though most unexpectedly, they
have cut their own threats. Sooner or later, they
invariably finish an existence of perpetual injustice
to other people, by nvoluntariy nfcting some
marvellous stroke of poetcal justice upon them
selves. 1t is wonderful to behold how thoroughly
and satisfactorily they do it. Their worst enemy
could not make suggestion to the mode and
completeness of their humiliation, which they do
not themselves seem to anticipate and carry out.
If any body needs an illustration, let him read the
late message of Mr.. SWAMI in regard to the Passen
ger Railways, and then endeavor to imagine any,
thing that could make its distinguished author
deliberately and perfectly telo de se The very
Grave-digger in Hamlet would we are sure be
so charmed with the thoroughness of the perform
ance, that he would cease to think it s'pity that
'great folks should have countenance in this world
''to drown or hang themselves, more than their
"even-christan!'
We took occasion, on Saturday, to glance at
some of the more salient points of the document
in question. We endeavored to make it palpable
to our readers from the enactments of the Railway
Ordinance ITSELF as signed by Mr. SWAMI, that it
provided, in express and unequivoca terms, for
the very assignment, which that gentleman now
makes the pretext for his present explosion. We
showed in addition, that it was impossible for Mr.
SWAMI, unless judicially blind, when he signed
the Ordinance, to have contemplated, as he now
says that he did contemplate, the necessity of ac-
ton the part of the Legislature to give validity
to the grant made by himself and the Councils
We showed that the work, under the Ordinance,
was to be begun within sixty days after its pas
sage-that the books were TO be opened for sub
scriptons within ninety, and closed within nine
ty-fve DAYS from the same date-though the Legis-
lature was not TO meet for nine months. We
could have added, that the grantees were required
to purchase and pay in cash, for the horses, car
riages, &c, of the omnibus proprietors, ''before
''the streets should be broken for the construc-
''tion of any part of said railway" T. e. be
fore the end of sixty days; that large por-
ton of the track was required to be "competed,
within twelve months from the passage of
the Ordinance, under penalty of five hundred
dollars per month in case ofalure and that the COM
mencement of the work. within sixty days, was to
be secured by bond in the penalty of twenty-five
thousand dollars. If these acquisitions, involving
the immediate and guaranteed outlay of very
large sums of money, the creation of heavy money!
ed obligations the tearing up of the public streets,
the actual opening of some of the lines-for many
months before the Legislature could possibly as
semble unless in extra sesson-dd not suffice to rem
der it absolutely impossible, that those who passed,
and the Mayor who signed the Ordinance could
ever have contemplated the necessity of legislative
ratification if the total silence of the MAYOR on
this point, in his veto message Of nearly two COL
umns, did not make that conclusion still more CON-
cusive-we might have gone yet step farther
and have referred to the 9th section of the Ord-
nance itself, which does seem, to common under
standings, to put the question forever at rest tits
as follows: Dbl.
20 That if the aforesaid parties their associates sue
cessors assigns shall hereafter become Incorporated the
rights end privileges granted to them by rirtue of this
shall extend to such corporation upon the conditions
herein prescribed and until such of incorDoration
shall hare been obtained such association shall hare all the
rights and privileges hereby granted, or the successors
City Council cfthe City of Baltimore"
If this section does not plainly as language can
refer to legislative Incorporation as contingency
merely possible, but in no wise necessary, affecting
the status only of the grantees and not their rights
fit does not, in words, confer the 'rights and
privileges" in question upon the grantees, in all
contingencies, whether they shall become incor-
porated or shall never be so-it is useless TO state
or TO argue any proposition in nature. So much
then for the demonstration afforded by the facts
themselves, in opposition to Mr.. SWANS elabor-
ate special pleading upon them. If right
in the conclusions to which they seem irresstibly
to lead, that gentleman has most efectually finished
himself, beyond peradventure, in the estimation
all who value official fidelity and rectitude.
But our purpose in reviewing the matter, is as
far removed as possible from any mere desire to
reflect on the MAYOR personally. Nor have we the
slightest idea of taking sides against his recent ac-
ton, in favor of the parties who claim under his
Ordinance. With those persons we have not one
particle of sympathy. They speculated upon the
public, with the aid of the MAYOR and the Coun |
ellis, and they must take the consequences of that
speculation It is their own fault if they did not
regard the possible detection of their allies as part
OF the chances of the game. With the result to |
them, we have nothing to do. Our exclusive OBJ |
Jectis to complete the exposure of a wretched par
tsan job, in which the interests of this community
and its convenience and rights have been huckster-
ed, without shame scrupe. Let us therefore
q hat he
the facts, which we have presented, are mistaken
and that MIR. SWAMI has stated them honestly
ana falry in his message. Let us try him and the
councils upon his own showing for himself and
them. What is il?
writes h, SANDING Of this ordinance had BEEN" he
mat the legislative sanction, acotdd be ,eo,red To
hrft as done looking an act of incorporaton
Prise would do 60 e grantees embarkng the enter
power Of the Legislature" VIC" o' the paramount
''The ordinance as it now stands ros,.
action of the Legislature " uPoh the Jmure
Here we have, not merely confession b,t on
affirmation, as part of his own case, that whom
Mr. SWAMI signed the ordinance, he did so Az
liberately, with the knowledge that it was abso-
lutey dependent, for its vitality upon future
Legislative sanction, and that without such 'tfn-
sture action" by the Legislature, it was utterly
Intellectual to pass any rights whatsoever. About
this let there be no misunderstanding. If the OPEN
inc of the streets of the city for the purposes of
Passenger Railway, is within the scope of the
chartered powers which have been conferred upon
he city by the Legislature the action of the MAYOR
md City Councils was all that could be required
perfect grant under those powers, and no legis-
alive ratification could add any thing to it, With
be question of the future incorporation of the
rantees by the General Assembly, the MAYOR and
yv Councils could of course have nothing to do be-