The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-04-07

State of the Union. He said that MARYLAND ba vino
ceaea TINS portion of her territory to the General
Government, the prisoner on trial under the
Acts OF Congress, and no qualifications could be
imposed on jurors, except such as were in accord
ance with the enactments of the United States.
he contended that as in 1910, Congress had passed
Jaw regulating the course of procedure in Crimi-
nal trials IN the District of Columbia the old law
whlch extended the statutes of MARYLAND over that
portion OF the District of Columbia was entirely
superseded: The law he believed had been abolish
ta IA Marylano by the new Constitution, and there
had been nothing done by Congress to give validi-
| W 10 TINS act passed nearly 100 years ago
), Mr. ouid said he was not to be drawn into any
discussion IN regard to the propriety of this old
MAJ yianu law, all he had to inquire was, what is
tne law? AS to the matter of practice he would
aamt that this rule was not formerly enforced bv
himself because he did not then know of its exist
ence. 1t bad, however, been resorted to by former
District Attorneys and had been the general prac-
tlce IN this court This had been called an old law
but he did not know that it was any the worse for
that, Tor 1t was made in l777, when it was to be
supposed 81. mat those who made it knew something
OF OF human rights that being about the time of the
Declaration of Independence. At any rate, if it
was law, we should stand upon it because it is law
ana not with any reference to its wisdom or folly;
But the gentleman, on the other side had aroued
that this law had been changed by CONGRESS-. and a.
the same time he had advanced the principle that
aithough Congress was the only law-makng power
ior the District of Columbia, our laws must luc-
tuate according to the changes that NAV be made
in the laws of ofMaryland. Such a proposition was
an absurdity '-0" ""'
Mr.. Stanton thought it was remarkable that such
a a qqalhcatlon should have existed here, and vet
the District Attorney after fifteen years nracf;co
at this bar, should not have known ANYTHING about
IL n. until the matter was suggested to him by an
Mr.. Ould denied that he had said so.
Mr. Stanton said he had so understood him Car
Ialniy 1t mad not been the uniform practice of the
Go9rt; IL haa neen exhumed to apply to Daniel
Il. olckles, who otherwise would have been tried as
| Ind
sought for who had hearts in their bosoms instead
OF money in their pockets. If it had not been the
uniform practice of the Court-if it had merely
oeen apphed IN exceptional cases-it was not law.
Inc Court said it would put this question at rest
oy stating that Mr.. Fenda when ne was District
attorney had frequently asked jurors the question
and Mr. Key had done so on some occasions.
Mr.. stanton then proceeded to argue that the in
ehtlon OF congress In regulating the course of Grim
| lnal procedure here was not to have our rues To
depend on those of Maryland and Virginia. but be
uniform throughout the Union in accordance with
the act of lS40 which said nothing about tI;s nron
erty qualification. He had been Surprised n beapr
the District Attorney state that we had no common
law here. nv '''-'n'0N
| Mr.. Ould denied that he had said so.
mi. stanton said he might be very unfortunate
man about the size and form of the District Attor
ney stand up few moments previous and saw that
mere was no common law in this District, and he
was informed by the Judge that there wac CON, ,
mon law This might all be dream and delnson
on ms part, but he really had such an impression
Inc Judge said that by the act of 1901 the laws
OF Maryland were extended by Congress over this
portion of the District of Columbia and those lows
had never been repealed bv Congress. The snbsa.
quent acton of Maryland had nothing to do with
the District, which since then had been under the
control of the General Government. With the
WISDOM OF the law, the Court had nothing to do.-
administered law under the laws of Virginia. The
property qualification did exist, had never been
aprogated by Congress, and the District Attorney
had right to enforce it.
Mr. Wight being again asked whether he WAS
worth $500 said he believed he was worth double
that sum.
MIR. Carlisle could not reconcile that with the iu
ror,s previous statement.
MIR. Wight was not certain that he vas worth
anything here. He owned something out of the
District. '"' Vi 'n'
MIR. Stanton said the law did not require il to
De nere the act OF Maryland said sin this State"
MT. carlisle said to put this construction on the
statute would deprive of our whole testamentary
system, and also of all laws against abductinr
slaves or seducing them from their masters; such
nifty.
Mr.. Stanton hoped the question of slavery would
not De lugged in to trighten people. In order to
settIe the matter he would ask the juror in what
his property consisted?
Mr.. Wight said mainly in notes. and the reason
ne could not say positively what he was worth. was
that he did not know whether all the parties might
prove solvent nv
Mr.. Stanton said personal property had it's ,itrs
wherever the party resided; thus if a man living
mere had $4,000 in bank in New York il at
tached to him here ~ ~
The Court agreed with this view and ruled the
juror to be competent. He was about to he sworn
when, at the suggestion of the Court who said tba
usual nour OF adjournment was close at hand the
administration of the oath was deferred until TO-
morrow morning, in order that the eleven Jurors
already sworn, might be allowed to separate in
order to prepare for the long session before them
They were all admonished by Judge Crawford to
converse with no one about the case, and Mr..
Hlght was particularly commanded to be in Court
at lO O'Clock to morrow, to be sworn in as a iuror
The Court then adjourned
ihe jury has now been obtained and is constitu-
ted as follows:
Reason Arnold, farmer; James L. Davis farmer.
John f. Neale, merchant VIM. NJ. Hopkins; fur.
nlshlng store; VIM. Bond, shoemaker; Jas Kelly
timer; W m. c. Harper, grocer; Henry NJ. KNIGHT
grocer; Jesse B; Wilson, grocer; John cDermott,
coach maker: " m. Moore, occupation unknown:
U. 5. Wight, furniture dealer.
Tomorrow morning the work of the session will
commence in earnest.
The sparring between counsel to-day excited
much n interest and gave an indication of the con-
ficts to follow.
Mr.. Graham, for the defence, spoke for the first
time to-day, and made favorable impression. His
manner is quiet but impressive, his delivery fluent
an ana ms language chaste. He argued that sympa-
thy for the prisoner was not disqualification The
foundations of law were laid in mercy the oath of
the Judge compelled him to treat the condemned
as an innocent man until proved to be guilty and
why should not juror be competent if his feelings
were of the same character?
The Judge, in reply to this sort of argument. in
Varlably stated that any sympathy expressed on
elther side amounted to disqualification. In the
most remarkable case of which he knew ANYTHING,
tnat OF negro who was tried in New York for the
murder OF whole white family, and in which Mr.
Seward gained great credit for his conduct of the
defence, 1t was held that any sympathy or leaning
whatever disqualified juror.
Mr.: Sickles, as usual, was surrounded by manv
friends upon the adjournment of the Court.
Mr. stanton kept his place by him as on vester-
day, except when addressing the Court The crowd
thlckened towards the close, and the discussion of
law points was breathessly listened to- The inter
est evidently does not abate.
Mr.. Ould, the District Attorney, is a forcible
speaker and happy at retort; Mr.. Carlisle has
large reputation as lawyer, and his manner is pc
culiarly winning 1t is evident that in the coun-
sci for the defence, the prosecution have "foemen
worthy of their steel"
1t IS true that Mrs. Sickles is in the CITY, having
come on from New York night before last
There are any quantity of statements and specu-
latons floating about, but they are hardly worth
mentioning, that events are so near their deyel-
opment
UNITED STATES AND NICARAGUA-The Washing
ton Star OF yesterday says:
Within forty-eight hours, we have every reason
to believe, the English and New Granadian Govern
ments have been notified through their representa-
tlves here, that the United