The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-03-06

established by the Supreme Court of the United States in
the case of Briscoe The State Bank of Kentucky,
twice argued before that tribunal and Mr.. Clay who
there contended that the prohibition
OF bank notes by State bank expressly admitted that
could not be applied to the effort State to borrow
money for legitimate purpose and which should then is
sue stock certificates acknowledgements of the loan
and promise to pay it, 1t there expressly laid down
by the Supreme Court that the bills cr dit which the con-
stituton intended to prohibit must be designed to pass
as money and the public faith must be pledged its
bill of credit
My friend Meredith said that the Legislature appeared
by the bill to have anticipated resistance the part
the city authorities they would have been exceedingly
green if they did not after what has occurred one
objection urged by brother Price against the bill was
that was too energetic and provided for the execution
ofits own provisions. Why, how much and how justly
would the Legislature have been ridcued if they had
done otherwise; how little knowledge would its trainers
hays evnced OF the temper of the authorities city
section of the Police Bill authorizing the
oeruncates of Indebtedness by the Commissioners in
yhg W out the provisions of the bill then read by
poes tnat authorize the issue of bill of credi. p
be sound Of @ are any holders Of city stocks within
brother Schley and myself have been willing enongb he
I fnpm of carcete s notes Laughter Even in
Mr.. Schey, with humor) Not issued bv Commission
| ers though. eu Wy 0oiiuiisSioh
Mr.. Johnson.-I would be glad to take them even from
them; and whats more, hope to get it from them We
wonder if it occurred to any holder of eitv
that they were dealing with bills of credit prohibited bv
the Constitution of the United States II they are NJ
bills of credit when issued by the city whereby to raise
money they become bills of credit when issued
by the Commissioners as certificates of Indebtedness of
| the city.
| Mr. johnson fully discussed this point and contin
ued:
Is the limitation against the power of the Legislature
to pass this bill to be found in the same section proh
biting the imparing the obligations of contracts Ny
brother Price surprised, and much delighted
surprised, to find the community quietly looking
WITH demeanor of obedience, while the Fundamental
rights upon which rests the whole fabric of society,
being dug into Perhaps sir the community
fits subordinaou to that authority, from which its
rights were derived.
Whafrv Tho of
torial limits of what is known the city of Bat
prior to the act of 1862 Why,t then regarded
but portion of the State of Maryland subject to
the general power of State Governmental then
no inherent powers of government. When in 1884, the
State created Baltimore town. did they think il
sary TO form contract with the ateto say its ind
vidual inhabitants who, up to that hour had owned
State: Gentlemen of Baltimore will create you into
town if you will agree to do thus No. sir but in
the exercise of their original and sovereign power with
ont seeking asking the assent of the inhabitants they
erected Baltimore into town, and in doing So they
nqushed portion of their the corporation
they conferred no individual rghts-they entered into
no contract for there parties competent
tract with them In 1885, the State thought it would
duce to the prospective prosperity of the give
charter, and they did not by first asking the assent
OF the town authorities, but by the exercise
OF the original power they imposed upon the city certain
duties agents of sovereign power they conferred
rights which would debar them from exercising that
power in regulating the affairs of their agent.
My brother who closed the the side SEEM
ed to assume that each citizen of Baltimore had an ndi-
vdual right to the franchises granted the city and
the first place. what is franchise other than right
granted subject to the control of the State;
brother Meredith they quasi sharehoders-then
STOCK is saeabe-t is still in the markea great many
have said
Mr.. schey-Mr Meredith certainly did not say So
Mr. Johnson-0h no-no, he certainly did not say that
it in the market, did assert he said So said
that many people so thought.
Mr. Schley-[Smingl-No he did not say quasi share
holders.
Mr.. Johnson-No, put that in How could they be
entitled to the property without being shareholders
Mr.. Schley-Ah, that's question.
Mr. Jehnson.I think that's the question. However
m hr0th hayA
Court of Appeals.
Mr.. Schley-I hope so.
Mr. Johnson-If so, tits to be hoped that he will speak
last. daughter
Now regard to the rights of franchises of the Govern
ment. Whatindvidual rights of property has citizen
in such charter Is he shareholder II So of what?
What its par value and how is he to dispose of it?
Does he take his nteres away with him if he leaves the
city ?-and if not, who has it when he is gone Can he
sell t?-can he give it away Can he for it. pro-
Suppose that STAKEHOLDER left the city some six years
ago, proud to hail from such peaceable quiet city,
proud of owning interest of value interest
which redounded much to his credit and that of
his associates In his far distant home, he hears
peace has been suppanted by disorder immunity of life
by death political rights by violence; he says my
property which left six years before is depreciatng
wonderfully, and he comes back and seeks remedy
his msfortunes-for there is no right without remedy
and comes to your Honor sitting the Bench-now
adornng and dignying it-and says to you-this dis
tressed slaveholder-fo Heavens sake do something for
me for am ruined; your Honor do nothing for you
such is the case with those who leave the citv what
are the rights of those who remain behind Every c
zen has right to be well governed and when the rights
delegated by the sovereign power to the Corporation
power to which the to in the city subor
dnate and they will legislate for your relief. The
corporation is but agent of the State and if the
required to be performed by its agents neglected the
State has right to substitute others by whom obga
ton of the principal will be fulfilled
Mr.. johnson discussed very fully this part of his
argument The remainder of his argument will be
published tomorrow. He will resume this morning
fSorr
Hon. Judge Price.
TowsoNrowN, March 5, 1860.
Richard j. Cuttings, Esq, Attorney for the State
prosecu ting.
The March term of this Court was called this
morning, with larger number of persons throng-
ing the court room than is usual on the commence
ment of the term.
Sheriff Wheeler took the prescribed oath as laid
down in the code.
Out of the forty-nine Jurors summoned, the clerk
drew by ballot, the following gentlemen, as grand
jurors, viz Samuel Brady, snr., foreman Thomas
c. Bosley, Noah Gorsuch, VIM. Jessop, George
Smith, John P. Clark, Benjamin Powell, Thomas
Gorsuch, Hosea Armstrong, Michael X. Wartman,
Henry Beamer, James Beatty, Geo. X. Elder, DR..
James Maynard, Andrew Burke, Sas W. Coun,
Charles Jones, Richard Johns Evan Davis, John
P. Kelly, William J. Hoffman, Joshua NJ. Bell and
Daniel Cameron. The remaining twenty-five were
retained r as petit jurors, viz: Peter W. Gibbons,
Blunt George Burnham, VIM. Pole, John E. Zauck :
Zacharah Alban, jr., Samuel Gore, Jacob B.
Wilhelm, John p Mays, Joseph Taylor Eleazer
F; Church. Amos Matthews, Jeremiah Yellott,
Alexander Morrison. Josiah Parks, John Watkins,
Jacob Munickyser, Walter T. Allender, Adam G..
Erdman, Wilson B. Townsend, Wm Button, DR..
William H. G.. Hall and VIM. Rome.
The grand jury was then sworn BY the clerk and
instructed by the Court.
The petit jury was discharged for the day, and
the call of the appearance and trial dockets pro-
, ceeded with, and the following cases disposed
of, viz:
Talbot Norrieon us SomroI FlI;noor ror,orod
to Hartford county; Samuel Schaeter rs. Joshua
N. Bosley, judgment by default; John Leaf Us.
Harvey Merryman, referred to R. Grasou Henry
W. Krebs John NJ. Everist, referred to j. c.
Blackburn Samuel S. Keyser ct al. Us. Henry Tay-
lor ct al, off; Franklin Wilson Us. John L. Reese
Jr., Judgment by default Samuel E. Griscombs
Us. Michael McCabe, Judgment bv default; Peter
b. Hoffman US. VIM. Kidd ct al, pros; Robert
II. Powell as. Thomas Fortune, judgment by con-
fession for S226.l2; The President Directors & Co.
of the Hagerstown Bank George D.. Stein
Judgment by confession for S2,249.40; Amelia Car
koff Us Charles Tucker-non pros; Herman Simon
Us. David 5. .Sumwalt-iudgment by default; Theo-
dore Glocker rs. John S. Reese Jr., Judgment by
default; Amasa c. Hall, of Eliza w. Hall rs.
Chas. Shipley, judgment by default; VIM. Fl. Walsh
ct al. Us. Henry Mankin, judgment by default; The
Trustees of the Sheppard Asylum u.s. Chas Shpley,
Judgme MT by default; st. Clair Street, J. Shock
and Elizabeth Ogden, judgment by default; Joseph
Kelley Us. Harvey Merryman, Administrator of A.
D. Merryman, judgment by default David W.
Wilson Us. John Miller, judgme by default; John
Q. Cookson as. John E. Brooks, judgment by n
fession; E. c. Stewart Us. Thomas Smyrk, judg-
ment by default A. Cate Us. John N. MeJilton,
Judgment for S157 with interest and costs; Frank
lin Wilson "a. John L. Reese, Jr., Judgment by de-
fault for 1878 with interest and costs; Richard
Richards Us VIM. Brooks ct al, Judgment by con-
fession; T. Potee, use of John o. Price, U.s. Joshua
NJ Bosley, 1.-TWO cases., Judgment by default; Geo.
Wisner u.s. James Mccullough ct al, Judgment by
default; John S. Stansbury Us. John P. Snider,
judgment by default; Joseph Gambrill ct al. u.s.
Elizabeth DonOhue, Administrative of James II.
Donohue, deceased, Judgment by default; Charles
Waters, use of Geo. W. Welsh, Us. Henry Kone ct
al, judgment by confession Samuel Eenger Us.
John Fl. Longnecker, judgment by default.
The peremptory call of this docket will be made
on Wednesday next, and thirty cases assigned per
day, commencing with No. 23S.
George oliver, indicted for selling liquor with
out license, was held to bail in the sum of 5000
for his appearance, Lewis Kimmell becoming his
bondsman.
Adjourned until tomorrow morning at 10 clock
Court OF APPEALS OF MARYLAND-D DECEMBER
TERM, lS59.-ANNAPoLIs, March 5, lS60.--No. 6.
Special docket. George P. Kane Us. James s. Su-
ter and the Mayor and City Council of Baltimore
city. Chief Justice LIE Grand delivered the opinion
of the Court. Order reversed with costs and in
junction continued.
Justice Tuck dissented and delivered dissenting
opinion.