The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-09-28

Under the local head will be found the particu-
lars of distressing accident on the Baltimore
Ohio Railroad, which resulted in the death of three
men, and the serious wounding of several others.
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We have heard so often from the friends of
Iayor SWAMI or Mr.. WHITNEY, that nothing
but the fact of Judge STUMP being in their way, pre-
vents them from making us the best protected and
happest people on earth-that we are naturally
led to inquire if there is hope of their bringing
about the millennium sooner than they promise it
to us. Mr.. DAVIS, who finds everything else in
our city in state of the highest attainable perfec
ton, admits that there is n lax administration of
''the criminal law, of which one might complain
without rendering himself rebel. But that is
the only existing eviand for it, his party are not
responsible, because the time within which they
could correct it has not yet arrived. eve can
mot" he says, ''be held responsible until it is in
''our power to empty the Criminal Court and
Sweep out the mass of filth by which it is cor
rupted, and tear down the last rotten limb placed
"there by Democratic power. Then we will be
responsible, and not till then. The Court is at
''present under a Democratic Judge who will not
''yet our friends are not satisfied with what we
''have done They cannot wait until the period
'arrives at which will be able to create a reform
Gin the Criminal Court. They expect us to do what?
"What we are going to do, when we get chance,
Ga little sooner than we are actually able to do t?''
We are at loss TO perceive what has prevented
Mr.. DAVIS and his party from instituting this Re-
form long ago, unless they think that when they
sweep ont ''this mass of filth, they have nothing
cleaner IN their own ranks, TO- put in its place, and
are unwilling to look for it elsewhere Judging from
their nomination for States Attorney Mr.. DAVIS
might well have thoughtso. But if had lived with
uslong enough to know even the members of the bar
belonging TO his own party, he would hardly have
said that even among those of them to whom a
salary of two thousand dollars is an object bet
ter man for the place than Judge STUMP could not
be found
We think too well of Mr.. DAVIS capacity to
suppose he believes there is any difficulty in
procuring Judge STUMp's removal The provis-
ions of the Constitution and Legislation on the sub
ject are too clear and Mr.. DAVIS is too good
lawyer not to understand them, and not to know
whose duty it was and is TO have him removed We
wish we could add that he is too frank to have in
tentiOnally left room for the ignorant to suppose
that he thought the difficulty existed in the Con-
stitution. Bad as that instrument is, it has not
that sin to answer for. The Judges, it is true,
are elected 'for term of ten years. but they are
removable for misbehavior, on conviction in a
"Court of law, or by the GOVERNOR, upon the ad-
"dress of the General Assembly, provided two
nj hp mi of =.
"such address" The trainers of the Constitution
have thus given us the machinery by which this
''maSs of filth might, long ago, have been re-
moved-not patent self-operating machine-but
one which requires somebody 10 set it in notion
and Mr.. DAVIS we'll knows whose duty it is to dos
So Convicting Judge of ''mishehavior" either
ipso tacto, works his removal-or else,
makes it the duty of the Govenor-to
remove him, without discretion. And Mr..
DAVIS well knows that ''not TO do hi
"duty and to have no desire to do it," is ''misbe-
haviour" in office, for which Judge is indicta-
BILE. Mr.. DAvIs-Mr. SwANN--any good citizen
believing as they d. that nothing but Judge
STUMP prevents the immediate advent of the mil
lenium might, and ought, to have had him indicted
longago. All the Grand Juries for years back have
been of their party, and would have given patient
ear to their complaints. The complaint of Others
not of their fold, might have been regarded as
vilifcaton of the city-or even if Bill had been
procured, at the instance of such, it would have
slept, forever in the tomb kept by Mr. WHITNEY for
such interments
Private citizens had but the right TO ask for
such an indictment. 1t was Mr. WHTTNEY's
sary, Grand Jury after Grand Jury, until he
procured one-and to tell them all, that without it.
his Office was mockery. The necessary convic-
ton could only be had in that Court in which he
represents the State and is charged with the duty
of seeing that il suffer no detrment. For nearly
four years. has he seen day after day. and hour af-
ter hour, this tribunal made worse than bear gar
den He has seen notorious criminals let loose upon
the community on insufficient bail. He has seen
the Judge refuse to enforce forfeited recopni-
zance-for no better reason than that it would in
commode professional bail giver-refuse to obey
the positive mandate of the Court of Appeals, and
contemptuously set at defiance its high authors
ty, and when his vulgar spleen was supposed to
be exhausted, give vent to renewed exhibition
of contempt by sending the case to another Court,
which he knew had no jurisdiction to try it. All
these things-and every other species of 'fmisbeha-
''viour" which ignorance and brutality could devise
have daily come under Mr.. WHIrNEY's official
cognizance And he and his friends think they bet
ter his by telling that he has permitted such
Judge to render him powerless in his Office. A pros
ecutor of the American party might and ought to
have had aforementioned. The American Clerk
of his Court might, under the Constitution and
the Act of Assembly, have certified to an Ameri-
can Judge, the necessity of appointing another
Judge to try the case. An American Judge might
have been appointed-an American Jury sum-
moned-and yet, says Mr.. DAVIS, we have no
right to hold the American party, or any member
of it, responsible for allowing "the mass of 6ltbn
so long to offend our nosrils. But Mr. SWAMI,
in his eagerness to serve us, says sDurng the
flast session of the Legislature, foreseeinp how
'utterly powerless the MAYOR of this city must
always be without some change in our organic
law, repaired to Annapolis, and with promi-
'nent gentlemen of the party with whom / acted
used my best endeavors to anticipate the call of
"a convention of the people to rectify the glaring
evils and omissions of the existing Constitution.
,nese enorts were not without success, SO far as
'ne Legislature was concerned 1t might have
occurred to him before he repaired there that the
Legislature had important-nay yital--powers in
the premises, under the ''organic law, "a Il stood
without awaiting the tardy and uncertain resrt
new constitutional convention. If he had nrs..,,,
that body with the same catalogue of Judge srr,ps
shortcomings and mis-deeds, with which he has Of
late favored his fellow-citzens, and had asked
them to present an address, calling upon the