The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-03-23


the day.
Among the sins for which we may hereafter be
called to account weapprehend responsibility for
upholding the existing Constitution Of the State Of
Maryland. Within the first month of our existence,
THE EXCHANGE advocated the callsubmitted by the
Legislature of 1858, for convention to frame q
new one, and continued TO urge its adoption by
the people until it was defeated by very large
stay-at-home vote. 1t would have given US sin.
cere pleasure if the Bill offered by the Senator
from this city, looking 10 the same end, or any
other measure of like purport had been passed
by the last General Assembly. five did not spe-
cially advocate it, it was simply because there
were other reforms altogether within the scope Of
the present organic law, too imperatively demand
ed to allow of their being postponed or put in
jeopardy by propositions of a more abstract and
indefinite character We will say further that il
we had the framing Of Constitution, we think
we should impose no geographical qualifications
for Office. We would hardly divide the State into
three sections and take GOVERNOR alternately
from EACH We might not say to the people of leach
county that they must not go beyond the lines Of
that county for their representative agent, seeing
that it is not much less absurd in principle thus to
limit the right of selection in this case, than ii
would be to say that sutton must choose an
attorney residing within five hundred yards of a
county courthouse, to bring suit theren--or that
sick man shall not employ physician who
does not dwell in the same ward. Very wise men
have expressed serious doubts about the propriety
oc, q
the selection of the peoples agents-which under
our theory of government, all officeholders
are. 1t has been thought that all limitations
upon the appointing power should be of a sort
likely to prevent the choice of unfit men, and
that, compelling it to seek within certain arbitrary
lines for person to fill any situation, within
which lines it is very possible the fttest person
may not happen to resde-cannot be pretended
to be such an one. Speculations like these would
be interesting and proper, were we pre-
pairing or discussing a new Constitution.
AS however, we may have no such duty for some
years yet to come, we regard the question-what
the Constitution of Maryland is-of far more i'm
portance than whatit might, could, would or should
be. We suppose the Constitution whatever may be
its defects, is at least law while it exists and can
not be annulled repealed, set aside, or evaded by
Governor or Judge. On the contrary, the
special function of these .offcers-both existing
solely by the force of its provisions-is to main
tain and defend it. and both are solemnly sworn
so to do. Lawlessness is the evil of the times
not only that which, in the guise of ruffanism
and violence sets the law and its ministers at de-
hance, but that more insidious, dangerous, and
scarcely less prevailing manifestation, which
takes the "higher LaW'' shape and assumes that,
because a statute does not come up to
some imaginary standard of right there can
be no harm in ..disregarding it. We have
hitherto esteemed it our duty to oppose the vio-
lation of law and order in whatever form it may
present itself-whether it marches against private
person or property, armed with the sIung-shot or
jimmy-or strikes at society itself by disregard
OF its organic law. We protest against the
attempt to administer justice in contempt of
law, no less than the preparation of crime in def
ance Of it and we regard tribunal with Judge
always conscious of a constitutional disqualified
ton, as evil no whit inferior to Court presided
over by one who daily violates his official
duty. Resolved into its elements the evil is the
same, though its outward appearance may be
different With these views it was impossible for
us to conceal our objections to the gentleman
whom the EXECUTIVE of the State has seen fit
to nominate as successor to Judge STUMP
We are at a loss to conceive upon what induce
ment a course should have been adopted about the
propriety Of which question could be raised We
have not been able to discover in Mr.. BOND those
peculiar qualifications which so conclusvely
indicate him for Criminal Judge of Baltimore
city, as TO account for, if they do not excuse an
oversight of the constitutional difficulty which he
himself has warned the world to exist in the
way of his holding such an office. On the con-
trary, among the two or three hundred men,
bers of the Baltimore Bar, who have not pro
claimed themselves disqualified for the judici al
function here we think it not assuming too much
to say that Governor Hicks might have found
one, even of his own party, not inferior in
legal or moral qualifications to Mr.. BOND. But
the Constitution does not conine the choice of the
GOVERNOR to the ranks of any party, nor has his
previous course in like cases led the people of the
State to suppose that he had imposed any such
restriction upon himself That he may not have
been aware of the masquerade BARI to the office
which Mr.. BOND has certainly taken no pains to
conceal, and which, apart from the card published
last fall, he has too frequently and generally admit
ted in conversation to allow of any doubt about it,
is very possible and we have too much respect
for Mr.. HICKS to suppose that he has, in this in
stance, wilfully and knowingly, violated the oath
which he has taken to support the Constitution
and laws of the State. 1t remains then for Mr..
BOND to explain what was the "insuperable BARI
existing on the 3Oth of November last, and how
it has since been removed. And, failing to do so,
we submit that moral disqualification arises
in addition to the constitutional one, which
no consideration of expedency and no hope
for more vigorous administration of criminal
justice, excited by the energy displayed in the few
days during which he has filled the station of
Judge shall induce us to ignore.
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