The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-01-31

1t is to be hoped that in the multitude of the
good works of charity and mercy which the
Legislature have to do for this devoted CITY, they
may not lose sight, for single instant, of the
fact that without the removal of the Judge of the
Criminal Court from the place which he dishonors
and abuses, the rest of their labors will be almost
as naught. If there could be an honest doubt
upon any decent mans mind, as to the utter and
hopeless Generalization of the tribunal over which
Judge STUMP goes through the maudn form of
presiding-if there could be shadow of excuse
palliation apology for the open violation by
him, day by day, of every duty and decency of
his ofice--it there was any hope of amendment
any prospect of remedy, any single place of refuge
for the outraged and dishonored laws-we should
be less deeply and PARTIALLY anxious for justice to
be done to our people by his expulsion from office
But the ultima Thule has been reached-there is
nothing beyond. Better that the doors of the
Court be shut, and that Iawlessness and outrage
have free range in name as in fact, than that
things continue as they are Better that there be
no law, than that the law he made by-word and
a sorry shame. Better that there be no ermine of
justice, than that it be dragged through the filth
and abomination of the sewers and the stews.
If the Honorable Bodies who have the matter in
charge, could sit, for one day only, in the pres
ence of Judge STuMP's administration of the laws,
they would need no advice no suggestion, no
supplicaton. The thing beggars description--it
must be seen and heard to be comprehended
We understand that the learned counsel of His
Honor has taken defence before the Committee
upon the forms of proceeding. He requires speci-
hcations as in an indictment, and q hearing be-
fore the Legislature tribunal of impeachment.
We readily understand that, unless there be a
defence on the forms, there can be no defence at
all-for surely the substance admits of none. The
course adopted is therefore, the natural, because
it is the only course. But the Constitution con-
templates no such thing. 1t prescrbes an indict-
ment, as one mode of getting rid of bad Judge,
and removal by the GOVERNOR, "upon the ad-
'dress of the General Assembly" -proyided that
two-thirds of each house concur-as the other
The latter remedy is given for precisely such
tagrant cases as the present-addressing them
selves to the conscience of the Legisla-
ture and their common sense of propriety
and right. To preserve the accused from any
possible injustice, vote of two-thirds is required
but the meaning of the Constitution is, that when
ever two-thirds of both Houses are satisfied that
judge ought to be removed, they may and should
address the GOVERNOR for his removal, without
other form. If testimony be taken before the
Committee if the accused attend, cross-examine
the adverse witnesses and produce his own, and
the whole be reported by the Committee to both
branches of the Legislature for their consideration
what more does justice require? If it were to
be formal impeachment, by the Assembly, why
talk of an address to the GOVERNOR? The two
things perfectly distinct and so well known 10
be in constitutional legislation. 1t would be SIM
pie folly to allow Judge to be removed by the
verdict of twelve men, for "misbehaviour" and
vet require two-thrds of both branches of the
Legislature to put him out for the same thing
The ''address" therefore, is not required to be fol-
'misbehavour," technically speaking, in office.
1t may be for anything, which, in the Judgment
of two-thirds of the Legislature may render a
Judge unfit TO be where he is. Suppose that a
Judge were drunk every day, in the public streets
drunk, every day, on the bench-drunk, every
night, at bar-rooms and taverns and worse places,
and the facts were proven before Committee OF
the Legislature and reported incontrovertibly to
the General Assemby-can there be any pretence
for saying that the judge must be impeached-un-
der indictments with specifcations-and tried,
like Judge CHASE or WARREN HASTINGS :? The
thing does not bear arguing. 1t is but techni-
cality, an ingenuity, obstruction and delay.
The facts in Judge STUMp's case cry aloud. Ev-
cry man, woman and child in this community,
knows them to be true. In the name, then of all
that is Just and decent, let the Legislature give
them its ear, and that speedily.