The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-03-26

ton of others diverted by any of the false issues
by which it is attempted TO middle and mystify a
perfectly plain question, is-whether Mr.. BOND is
legally qualified to hold the office. If he is not,
then manifestly there is an end of the whole
business, as there should be of Mr. BoND's stay
upon the Bench. If he is not qualified according
TO law, it is immaterial what bis merits may be in
other respects. No amount of wisdom or learn
ing could, that event. justify his acceptance OF
the pace-no display of firmness or energy ought
to lead the public TO acquiesce in his retention OF
it. If he were the best judge that ever sat upon
the judgment-seat-a very DANIEL come to judg-
ment-and lack one solitary qualification which
the Constitution prescribes-he has no business
there. Until, therefore, the question of Mr.,
BoND's legal disability has been satisfactorily
settled, it is idle to talk about the manner
in which he has begun to discharge his
duties. Any such discussion is beside the ques
ton, and only likely to lead peoples minds from
the true and only point at issue For this reason
we have Intentionally abstained from making any
comment upon the proceedings in the Criminal
Court during the past week. In fact-if the case
were otherwise-we do not know that we should
so short an experience. One week is Il very little
while,to test the qualities of Judge-particularly
at time when popularity is best well most
cheaply earned by show of promptness and
severity in dealing with petty offenders. 1t should
be horne in mind, that things are not now with
US as they were year ago, or at any time within
the past four years. Rowdysm has lost its pres
6ge-and ruffians and their official hackers and
abettors are at discount in this community. He
would needs be a bold man as well as a bad one,
who, in the present temper of this people, should
make the judicial Office shield and cloak for the
rogues and vagabonds who have heretofore
found shelter and protection under it. The
tide now sets the other way, and it is at all
times easy going with the tide. 1t is when
it becomes the duty of Judge to resist
the pressure of popular influence and public
opinion, and TO interpose his office and
authority barrier against the pas
sons and prejudices of the mob, that the
higher and peculiar qualifications of the man
are called forth and tested. In the absence ofany
opportunity of the kind to try the special fit
ness of Mr.. BOND it is obvious that our conf
dence in his capacity as Judge must depend
altogether upon our estimate of his character as
man; and in forming such an estimate, it is easy
to see how largely the question respecting his
right to hold tie office must enter into considera-
ton. If Mr.. BOND is clearly disqualified for the
Judgeship as we believe the entire bar and nine
tenths of the unlearned public concede him 10 be-
and yet has taken it, and means 10 keep it, if he
can--what confidence we repose either in his
Judgment as n lawyer, which should have led him
to err in so plain a case, or in his honesty as a
man, which, the error having been discovered, is
not strong enough to compel him to resign? If the
temptation of an office and two thousand dollars
year, for two years, which is the term for which
be has been appointed, could induce Mr.. BOND to
take an office which he is not legally competent
to fill, and TO hold on 10 it in violation of the
Constitution which he has sworn to support-what
hope have we that other considerations and other
influences may not cause him to swerve from the
straight line of duty in other respects? We can con-
ceive of nothing more calculated to impair the eff
cheney of the Criminal Court, than Mr. BoNDs pre-
sent position before the public. The spectacle ola
Judge upon The Bench acting in daily disregard of
law-sitng there in open contempt of the Constitu-
tion-s infinitely more demoraizing and injurious
tothe best interests of society than would be the
unrestrained license to commit thousand vulgar
crimes. By assuming to hold office, under such
circumstances, Mr.. BOND does more TO weaken
the majesty oflaw and in1icts graver injury upon
the community than he can possibly repair by
sending ever so many scores of rogues and vaga-
bonds to the penitentiary or the Jail. Viewed,
even as mere question of expediency, it may
be said that public policy and public morals require
Mr.. BONDS displacement from the bench as i'm
perativey as does the plain letter of the Constitu-
ton But it is not, as we have said, upon grounds
of expediency that wish to discuss the question
1t is a question of right-a simple issue of fact
With respect to the law of the case there is no dis
pute. The Constitution, sufficiently obscure in
places, is in this regard so plain that he that
runs may read. There is no question about the
qualifications which it requires in the incumbent
of every judicial office, and that among those
qualifications is that of continuous residence with
in the judicial district for two years previous to
appointment or election Whether the restric-
ton is wise one not, is altogether foreign TO
the ISSUE For the present, it is law-binding
upon all, but most of all obligatory upon those
whose especial business it is to interpret and en-
force it. Whether Mr.. BOND has resided continu-
ously within the judicial district of Baltimore city
for the last two years, is therefore matter of fact,
and like every other matter of fact, must be de-
termined by evidence. That he had iUed in the
county for months previous to his appointment,
and was liOng there at the date of his commission,
we believe, will not be denied With what inten-
hn
ton. Ordinarily, we should suppose that the fact
of a man. living in the country, summer and win
ter, remaining there as late as the middle of
March, would afford pretty strong presumption
of his intention to make it his permanent home.
1t is presumption, we admit which may be re-
butted, but only by evidence of the most
positive kind, showing distinct and definite
o intention to return to the city. A mere general
vague intention to return some of these days
whenever it might suit-or whenever vacant
Judgeship might offer an inducement-will not
answer. The intention to return must be fixed
and well-defned, otherwise where the man has
made his home, there his legal residence will be
presumed 10 be. But in this case we are not left
to deal with presumptions. Evidence in abun
dance is to be had, and at the proper time, will
be produced-evidence of the highest and mos
unimpeachable character-that of gentlemen Of
standing and position in this community-evi-
dence OF Mr.. BONDS own declarations as 10 his in
tentions. To one gentleman, Mr.. BOND excused
himself from any responsibility for the conduct OF
his party at the Elections last fall, by saw
ing that he had had nothing TO do with city
politics for some time, having gone TO the county
to reside To Others he took occasion TO explain
his own vote at those elections by stating that he
had not resided in the county long enough to &C.
quire vote there, and was obliged to vote in the
city where he had previously resided. More.
many more statements, to the same effect have
been repeated to us by those who heard them from
!. Mr.. BOND own lips, and who are ready and able
at any time, to vouch for their correctness. Final
", we have Mr.. BoND's own declaration in print.
over his own name, no longer ago than the Both
of November, that 'the provisions of the new
Constitution were an insuperable bar, tc
his acceptance of judicial office then vacant
How happens it that the constitutional "bar, y
which was 'insuperable' in November, when The
Jndgeship of the Superior Court was rendered to
Judge MARTIN, is so easily gotten in March
when the Judgeship of the Criminal Conrt is ten
dered to Mr. BoND2 If that CHAR was augh
else than the fact of Mr.. BoND's non residence with
in the city il is but richt that The inuhIi,