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

Mr.. MILLER thought the gravity of the question
should demand and receive our camest attention.
We should hear everything on both sides within
reason; allow the most careful sitting of the sub
Ject, so that we may arrive at righteous and just
decision.
Mr.. GORDON, of Allegheny, said that if the priyi-
lege was demanded as matter of right, he stood,
then, to deny it. He would make no concession
that any such right existed. IT, however, it was
asked as a favor, it was another thing. He had
no objection to hearing all that could be said i'm
Judge Stumps behalf, ifit was the will of the
House, and too much time would not be consumed
thereby. When the examination was progressing
Deiore the committee, every witness he chose to
bring forward was heard; the testimony was closed
several times, and the case again and again opened
at the request of the Judge. Abundance of time
was allowed him to prove everything he desired
Now, when We have only few days left for the
session, it was not true to the interests of the
State that more time be consumed than was ne
cessary. If the time for the address, to be made
in was stated, he would waive all objections to the
motion.
This question is thrown on us, not as a judicial
tribunal but as legislative body. In legislative
business no one has a right to ask anything that
does not pertain to it. Think, said he, of rail
road company or other corporation against whose
character, as a corporation, charges had been
made, asking to appear before the House, in person
or by counsel, to have their case argued. In i'm
peachment cases counsel was allowed, but under
our Constitution, all impeachments are avoided.
Mr.. Maxwell offered order, as part of his
original motion, to allow the Judge to appear in
person or by one counsel, to speak once, and that
he should consume only two hours in the defence.
On motion of Mr.. BRIsCoE, Messrs Briscoe
Compton and Maxwell were appointed Commit
tee of three to wait on the Judge and inform him
of the action of the House.
The Committee, after consulting with the Judge
who appeared with them, within the bar of the
House, reported that the Judge desired and would
be willing to appear before the House at 10 o'clock
to-day. The report was adopted.
Mp EprA ANED tp ol-a nnl
of the case the special order of o-day at o'clock
The motion was adopted-ayes 30; nays 26 as fol-
lows:
Yeas-Messrs Kilbourn, Speaker; Durant Nor
gan, Rasn, Briscoe, Compton,, Burgess, Denison,
OF Baltimore county, Quinlan, Jones, of Talbot,
Chaplain, Miller, Jones, of Prince Georges. Kessler,
Routzahn, Salmon, Straughn, Berry, Crowley,
McAllister, Smith, Turner, of Baltimore city,
Denison, of Baltimore city, Coudy, Eakle, Brining,
Freaner, Gordon, Roop-29.
Nays-Messrs. Mackubin, Parren, Worthington,
Denis, OF Somerset, Long, Stanford Lawson Linthi-
cum, cum heene, Holland, Bryan, Legg, Starkey,
| Gorsuch, Mills-26.
THE FREE NEGRO QUESTION.
Inc mouse then resolved itself into Committee of
! the Whole, and proceeded, on motion of Mr.. IA
coBs, to the consideration of the free negro bill of
Mr.. Dennis.
The ninth section was taken up and Mr. Trec
moved to strike out the ninth section, COMPEL ing
| who worth $780, or who can prove a good
moral character, but on explanation, Mr. LEGG
withdrew his motion.
Mr.. MCALLIsrER moved amendment that Bal.
timore city be excepted from the operation of this
section.
Mr.. MILLER, of Cecil, also moved that his county
! be excepted from the section-that it was objec
tionable to every man in his county.
Mr.. BEALL also asked that Allegany county be
excepted from the operation of the bill.
motion then made that the Committee
rise and proceed to the consideration of the order
of the day, which adopted-ayes "a; nays
10. Thus the free negro question was again laid
over.
CASE OF JUDGE STUMP.
MIR. COMPTON moved that the House rescind the
order to hear Judge Stump by counsel or in per.
son, and that the House go into Committee of the
Whole.
The vote was taken and the motion lost
Mr.. GORDON presented the record evidence OF
Judge Stump's reply to the decision of the Court
of Appeals in the case of Ford, which he desired
should be printed with the report of the Com.
mittee.
Mr.. DENNIS thought that the introduction of this
paper was very improper at this time. The Judge
has had no opportunity to file his answer to this
paper and he protested against its being placed
the record in this case.
Mr.. MILLER agreed with the views of Mr. Dennis
| 1t was surprise that was altogether contrary tC
the spirit of right and justice, which should contro
| the House in this case.
in the production of this paper. 1t was in the
| handwriting of the Judge himself on the record O
| the Court of Appeals. How then could it be sur
prise to himself or friends If fgentlemen are pre-
| pared to meet this question, to face the music LEI
! them do so, but if they desire to wait to the las
| hour, and skulk behind technicalities and fimsy
| objections of this kind, they should let the public
| know it.
Mr.. MILLER replied that he did not skulk behinC
| anything; he would meet the issue fairly anC
squarely in the face; but he thought that the prn
cipes of equity and justice should control the &C
| ton of the House.
The question was then taken on the motion t.
corus Oh Jue mouse, ana adopted.
Judge Stump then rose and said =
He felt somewhat embarrassed in the necessity of an
pearng to address the House in his case he had eX
pected to find Mr.. Schley and Mr. Walsh here but wa
disappointed. He had also called upon Gov Pratt bu
ne haa declined at TINS late hour to have any connection
win the case he was, therefore, unexpectedly com
PEELED to address the House in his own behalf He would
however, endeayor not to be excited. The principa
charge against him drunkenness and misbehayio
on the bench. These points he would take up first HI
then read the Constitution giving the Legislature
to the Judge of the Criminal Court by
addressed to the Governor the charge misbehavio
| in office.
The Judge then proceeded to review the action of b
Committee charging them with partiality in the cor
Quoting of this investigation. They had summoned wit
neses to testify against him. but he not been able
get single summons issued in his behalf No notice ha(
been given to him Of this investigation and he had only
heard from the newspapers, and from reports of end
Committee I
session: lie then having come to the conclusion
that IL was to be serious matter and ht
consequently cons" adjourned the Court and cam
down to look after the case himself He found tha
not one witness had been summoned for his defense
though he had sent list of Witnesses men of higi
standing and and character to the committee He could
get witnesses summoned to remain here an
pick up just such he could with though ali Of
them of equal character with his accuser On the
day that the steamboat down here he had spoken
half dozen gentlemen of high standing and character
all OF whom expressed willingness to appear in his be
IA Mr. ELL baar1
steamboat left and they left with he had power to
detan them here One of the clerks in this House Ir
Thomas Moore would have been sufficient and reliable
witness in this case, but he could get the committee
together to hear him such time as he was at leisure
Much OF the testimony in his favor had not been printed
particularly that of the jaers and deputy sheriff who
were constantly in attendance the Court and were
better qualified to give reliable testimony than those who
| were but occasionally there.
In the course of his term Judge of the Crimina
Court he had tried thousands and thousands of
but on this day for the first time called unon t ha
put upon his defence From the charges made he was
to be tried for the specific charges of misbehavior on the
bench for drunkenness and andignifed conduct. tAt
this time there slight Interruption the Judge
spoke low, that few of his sentences could uot be
canght He cited the section of the Constitution which
authorizes the formation of Criminal Court in the
city of Baltimore; that it shall have Judge and that
he shall be subject to removal for specific offences Thi:
section naturally refers the reader back to the 9th section
which provides how long the Office shall be held by the
Jadge, how, and by whom he shall be removed from
office.
The Judge then without commenting upon the articles
said that the proceedings of the House in relation to
the initiative steps in his case had been officially
communicated to him He had notice of the unit
he saw it in the newspapers. He paid no attention to il
at first When things assumed more serious aspect he
determined to defend himself He prepared to do so a
once. he made out list OF witnesses which he sent tC
the Chairman of the committee appointed to examn,
the case and ordered them to have the witnesses subpe
ned This was not done. The witnesses never received
any official notice to appear and they going
down and force themselves the committee on nv
oshalf great many men who could have testified il
my favor, would not voluntarily come down-and nc
subpenaS issued to compel their attendance They
all knew something of the character the Judge Those
that did appear in his behalf, did so voluntarily Hf
meant to give offence to the committee in stating these
things; they facts-and he could not but speak OF
them.
Again, he said the testimony that did come down on
his behalf was taken before member of the
mittee at time The press of business before them as
legislators was so great that they could not afford
four ive witnesses to examine. Only of them
heard. He testified before member of the committee
Some of the testimony his behalf he said had not
been printed He nsanced where this fact was
noticed, but did not name the party. If the House will
OBSERVE it will be seen that the testimony thus sought to
be introduced could notbe gotten In Many persons
down here already and could be examined but the time
of the committee was so occupied that they could not
testify.
The last printed testimony does not contain the evi.
denee Of offices of the city JAIL it is important and should
be there. He made would make appeal to the
sympathies of one all he asked read evil
dence, to think it and consider the remarks he
would make. He sure the committee did not read
the testimony before they reported They were so bur
dened with business they had time. He therefore
asked consideration by the House. The testimony was
closed by the committee not by himself.
The Judge said he had been practitioner the
Maryland for years. He not very ambitious; was
nominated by Democratic Convention; did not seek
the nomination. After it was made thought over IL
for time before accepted; knew the business was
laborious; knew it perpleXng but YOU all know
that vanity and false ambition lead to do what he