The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-03-20
BALTIMORE.
TUESDAY, MARCH 20, 1860

When we called attention to the legal impede
ment in the way of Mr.. BoND's acceptance or
retention of the place of Judge of the Criminal
Court to which he has been recently appointed
by Governor Hicks, we'did both gentlemen the
justice of stating that we believed the appointm
TO have been made in ignorance of the fact We
even went to the length of charitably assuming
that Mr.. BOND had forgotten the masquerade BARI
which he declared ''the provisions of the new Con-
"stltuton lnterposed," on the 30th of November
in the way OF his acceptance of the Judgeship of the
Superior Court. Now, however, that he appears
disposed TO retain the office and his exercise of its
functions both on Saturday and yesterday, without
any intimation to the contrary, would seem to be
conclusive evidence of his ntentions-we feel con-
strained to say plainly what we would gladly have
been spared the necessity of saying at all. The
case, as we have already sad is plain one.
clearer one in point of law and fact we do not
remember to have met with. The Constitution
requires in the case of every Judge a two years
residence in the judicial circuit for which he shall
be elected. Baltimore city is made distinct
Judicial circuit. The Judge of the Criminal
Court IS made subject TO all the qualifications
required in the case Of other Judges. The
same qualifications are required in the case of a
Judge appointed to fill vacancy, as in the case of
Judge elected by the people. Mr.. BOND does not
possess those qualifications so far as residence
within the judicial circuit, for two years previous
to his election, is concerned The absence of that
qualification completely invaldates his appoint
mentor if resident of Baltimore county, as is
Mr.. BOND, can be appointed to fill a Judgeship in
Baltimore city, why not a resident of Hartford, of
Alegany of Kent or of Somerset? Ifthe provision
with respect to two years residence in the circuit
may be dieregarded, why not equally the provis-
ion with regard to five years residence in the
State? If a resident of Baltimore county may be
appointed, why not citizen of Pennsylvania or
Of Oregon? If the qualification Of residence may
be dispensed with, why not that of age? Why
may not minor be appointed, foreigner?
What is the use, in other words, of having a Con-
st.tuton, if its plainest letter may be thus con-
temptuously violated and set at nought? But
it cannot be-. This community will never
consent to recognize a competent or
faithful interpreter of the Constitution and the |
laws, a man who holds his position upon the
bench in conscious and wilful violation of both.
But it is not merely question involving the
personal integrity of Mr.. BOND that we object to
his retention of the Office to which he has been
Illegally appointed 1t is matter affecting the
efficiency of the tribunal over which he assumes
to preside. The office of Judge of the Criminal
Court is as vacant to-day as it the day after
Judge STUMP removed, or the dav before Mr..
BOND was appointed. Any acts which Mr.. BOND
may perform in the capacity of Judge are clearly
commission which he holds can confer no authori- |
ty upon him, in the face of the plain letter of the
Constitution which disqualifes him for the Office.
Otherwise minor or a negro might claim the
same authority under the same circumstances.
Their disqualification is not more absolute than
is that of nonresident Any Judgment
which Mr.. BOND may presume to pronounce
is as illegal as can be the act which
he assumes to judge. Instead, therefore, OF
congratulating ourselves upon any amount of zeal
or energy which Mr.. BOND may display in the dis
charge of the duties of the office which he usrps, we
have rather reason to regret the multiplication of
loop-ho!es through which so many criminals may
have a chance of escape-for that the disqualified
ton of the Judge will be urged for the purpose of
delaying or defeating proceedings in his Court, is
matter that does not admit of question. That the
objection whenever raised will be decided in favor
of the party making it is equally certain. If
therefore, Mr., BOND does not voluntarily vacate
his seat, he may rest assured that way will soon
be found TO Gust him, and that to await such a
termination of his judicial career is only to accu-
mulate cause of public Indignation against him,
by the embarrassment which his continuance in
office is certain to occasion to the course of
public justice, and 70 the efficient administration of
the laws. Mr.. BOND has been warned in time and if
he does not choose to profit by it, the disgrace and
the consequences will be upon his own head.