The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-12-29

1t was only the last day OF the session, to Wit,
the tenth of March, that the seats OF the ten gen.
misunderstanding to represent this city IN the pres
ent House of Delegates Maryland-were declared
void on the ground of fraud in the election. In
conformity with the terms of the resolution an
nouncing this result, the Speaker on the same day
issued his warrant to the Sheriff of Baltimore
CITY. ordering that an election for ten delegates
"of the State of Maryland for Baltimore city be
"hed at the places designated by law, to represent
"the said city in the present General Assembly OF
maryland and that he (the sheriff. do give no.
&c ice thereof according to law" AS there seems
to have been no particular hurry about the matter
the warrant was not delivered TO the Sheriff until
the 18th day of April and it has remained in his
hands ever since, without any attempt on his part
to execute it. This, under ordinary circumstances,
might excite no attention. but inasmuch as recent
events have indicated the necessity, if not the
probability, of an extra session, it becomes
matter of much moment to know exactly how the
people of Baltimore are situated with respect to
their right of representation, should such thing
occur. The existing vacancy is not one of
several kinds specified in the Constitution. These
are " death, disqualification, resignation refusal
tto act, expulsion, or removal from the city or
"county' only. Of course, therefore, the consti-
tutonal provision for filing vacancies of this Sort
does not apply to different case-that of an
election declared void for fraud. We must
therefore resort to the code to ascertain
what general provision has been made by
law for Especial elections" 1t is therein
provided that warrants for all special cleo.
oil ba ua5 To tba WIN cba1
appoint q day for holding the same. In
tie counties at least ten days notice, exclu-
sive Of the day of publication and the
day OF election, must be given, and the
election must be held acthin fifteen days. In the
city of Baltimore, however three weeks' notice no.
tice must be given for all elections whatsoever,
and 'twenty .foe days shall elapse between the Ie-
ceipt of the warrant and the time when such cleo
ton shall be held
That iC was the intent Of the law that special
elections in this city, should be held az the expira
ton of twenty-five days from the receipt of the
warrant, is we think, very plain. 1t certainly
never could have been designed to place the right
of the people ofBaltimore to representation in GER
tain contingencies, entirely within the discre
ton of their Sheriff, which would be the case if
ullltTeut COuiu given u SeCtiOu
of the code above quoted. By the 10Th section of
the Sd article of the Constitution it is 'provided
that unless meeting of the General Assembly
may intervene, the election thus ordered to fill
such Uacancy, shall be held on the day of the ell
suing election for Delegates and Senators" This,
however, refers merely to a vacancy of the charac-
ter named in the Constitution ITSELF as above re-
cited, and not to cases like the one before u.s.
Our position therefore, appears TO be
rather anomalous By accident or design
the Sheriff of Baltimore has failed to do what
we cannot doubt was his duty, namely, to give
the legal notice and hold the election at the expi-
ration of twenty-five days from the receipt of the
SPEAKERS warrant. If this were through mere
lacheS, or ignorance of the provisions of the law
it would seem to be still hfs duty to proceed when
reminded or better informed of his responsibility
in the premises, to hold the election forth with;
or failing this, there can be little doubt that he
could be compelled to do so by the appropriate
legal process. We presented the above view of
the case at the time when the SPEAKERS warrant
was placed in the SHERIFF's hands, last spring.
but there was little interest felt in the matter at
that moment, and we presume that the greater
importance now attached to the question will jus
ty the repetition of our remarks substantially at
this time. Even should the GOVERNOR call an
extra session, we have no absolute security that
the city would be represented, as the election is
now wholly in the SHERIFF's hands.