Year: 1859

OlIhlhal COurJ alOue mas the power to punish.


In my annual message to the City Council, i
January, 1858, took occasion to say:


'There are now at large in the city of Baltimor
men who are well known to the police, who ar
frequent prisoners in the station houses, who if tn
power existed under the law to hold them to pro
per accountability, would by removal effectuall
terminate recurrence of scenes which are the con
stant source of embarrassment to its officers


So far as my own efforts could be made effectual


have done my best to give vigor to this arm O
the service | believe that it compares favorabl,
with similar organizations in our sister cities,
have invited scrutiny into the conduct of the men
and have directed the most summary punishment
in all cases of misconduct. | have insisted upor
the strictest mpartiaity in the discharge of thei
duties, and have instituted the daily custom of sub
mtting duplicate reports to the Mayor in person, in
order that uniform discipline may be applied to all


1t may be necessary at proper time to enquire
whether some action may not be had to STRENGTHEN
this arm of the service.


| by the Inauguration of Mayors Court as
soon as the constitutional authority can be obtain
! ed, with summary power to interfere in all cases
where the wilfu disturbance of the peace by noto-
rlous and hardened offenders and the safety of per-
| son and property demands such Interference
by the application of proper punishment in
| all cases of arrest.


BY the prohibition, under heavy penalty,
OF the carrying and use of concealed weapons
During the last session of our Legislature fore
seeing how utterly pOwerless the Mayor of this city
must always be without some change in our organic
law, repaired to Annapolis and with prominent
gentlemen of the party with whom | acted used
my best endeavOrs to anticipate the call of con-
ventlon OF the people, to rectify the garing evils
and omissions of the existing constitution These
efforts were not without success so far as the egis
lature was concerned. bill was reported and re-
celved the final sanction of that body, submitting
the question of convention to vote of the people
at the ensuing spring election. The fate of that
we-ntended measure is known to the people of this
city; and we were left to struggle on as best wc
might, under n system which wit fba ol
our population, is becoming every day more and
more intoerable.


My proposition for the establishment of Mayor's
Court, with power to commit for six or twelve
months, without ball. in cases of notorious offenders
would, by its terror, have tranquilized this city in
forty-eight hours. The notorious rowdies who now
disturb your streets, and create all the trouble on
days of election, would have vacated your city, or
passed into the custody of the law. Punishment
would have followed promptly the arrests made by
your police and its certainty, while it would have
| been warning to the hardened law-breaker would
have been attended with a reduction of one-hat of
the enormous expense to which the city is subject
ed, IN the support of her criminal system.
Surely. fellow-citizens, the Executive could do
no more to bring about the reform which we all so
much desire. My last expedient, although a most
onerous and dlsagreeable one to me, was deter
mination to exercise my power Justice of the
peace, conferred by the charter of the city. The
press has assailed me even for this wel-intended
effort to supply the glarng defects of your system
For months after its establishment-sitting, rs
have done, daily, the Sabbath not excepted-I had
reason to hope that remedy had at last been
found; but the events of the past six weeks satisfy
me that without the pocer to punish, the Mayors
Court must relapse into useless mockery.


10 most OF you, fellow citizens, unacuuainted as
you must be with the embarrassments attending
the administration of the affairs of this Office am
quite ready to admit, that blame would seem to at
tach to the Executive of this city. With an ex-
cited partisan press, always ready to distort and
n.Nfl Al
and police have been kept steadily in view as the
sole cause Of all the euils Of your system What can
do, when an arrest is made, but turn over the of
lender to the hands OF the only tribunal empowered
administer punishment? When a murder was COM
mitted, during my absence, was it the fault of the
Mayor and police, that the offender was at large
upon the community, and that five indictments
pending against him at the time, owing to the
crowded condition of the docket of the Court had
not been enforced? When the records of the Crimi-
nal Court will show that indictments are pending
against others, who are now at large, is the Mayor
to be held responsible when they continue to out
rage the community, by repetition upon repetition
of their acts of lawlessneSs?


| assert, fellow-citizens, and appeal to the re-
cord to show how far | sustained, that of the
outbreaks which have disgraced your streets during
the last twelve months those who have been charged
as participating in them, have, with very few ex-
ceptions, if any, passed through the hands of the
police.


Look at the condition of the Criminal Court of
this city at the present moment. mean no refec-
ton upon the officers of that court To DISPOSE of
the awaiting trial at the coming term will re-
quire more than eight months of steady work.
Delay Is sometimes almost as paralyzng to the arm
of the EXecutveas would be a total exemption from
punishment. What guaranty have w for the sue
cessful maintenance of law and order when the
facilities in procuring BAIL and the DELAY attending
the execution of the law, will often exhibit from
one to half dozen indictments against the same
Individual. Every duplication of an offence is
~ rafs.p lNla fl,
the Mayor of the city.


pclnt to you in this connection, as triumphant
illustration of all that have said, the following
extract from a communication lately published
by the States Attorney, under his own signature


"Let us here deal in facts and as an illustration
will call your attention to the business of the
present (September) term.


| have before me


Indictments for Murder ........,..,7


Arson


Larceny .............3O


Forgery and False Pretences .........15


Aiding escapes from Penientiary. ......3


Robbery and Burglary .......... .....6


Assaults with intent to Murder. r........20


Assaults and Riots Ots....,...............60 60


Entering Dwelling Houses, Nusances. 200


By simple calculation based upon the experi-
ence and practice of the Court, we can form an ad-
equate estimate OF the time necessary to dispose of
this amount of business.


The seven murder cases have put down at seye
weeks, as | have never tried contested case of
murder in less time. Forty-eight cases of assault
with intent to murder, will put down at the rate
of one per day, and allowing five days to the week
| have jury, making nine and half weeks
Thirty cases of larceny, two per day, three weeks;
fifteen cases of forgery two three per week. five
weeks three escaping from the penitentiary, one
week; three cases of robbery and burglary sixty
eight assaults and riots, four per day, three weeks
hive arson cases, two weeks.


The above calculation is made upon the suppos-
tion that there is delay in getting the cases
ready for trial: such as absence of witnesses sick
ness or absence of counsel, &c. Thus YOU find that
this term commences with eight months labor
which, as to the time, exceeds that of the Courts
session for any one year since it was organized.
This calculation does not embrace the two hundred
cases of minor Importance, where indictments are
already pending, nor single indictment of some
five hundred that must be found by the present
grand jury, embracing several for murder''


The police organization has also furnished
fruitful theme for comment. The most improbable
and exaggerated statements in reference to its
management and the discipline of the service, have
found willing ear among many in this communi-
ty. When the appointments were made in the
Council, you will recollect that special invitation
was extended to that body to cooperate with the
Mayor in selecting the best men, and to guard him
against error. The whole community were at liber-
ty to speak in reference to any name which was
deemed Objectionable DismiSsals and suspensions
under the rule of the service have been of common
occurrence. The citizens have been invited time
and again, to mako complaint where cases of den-
quency occurred under their observation. In no
single instance has the Mayor refused to act upon
well-founded charge against any officer, where it
has been sustained by reliable testimony. If off
GERS neglect their duty it is because they escape
detection. What | mean to say is, that every eff
fort has been made, both by the Marshal and nv
self, to secure an efficient organization, and feel
justified in saying that it compares favorably with
that of any other city.


| come now, fellow-citzens, 10 the more immed-
ate object of this address, viz the resolutions passed
sy the Town Meeting lately convened in Monument
Square.


1t is no part of my purpose to question the mo-
tives of those, at whose instance this meeting was
assembled, to disparage in the slightest degree
the object which appears to have governed their
action. believe these motives to be sincere and
honest, only regret that their proceedings should
not have breathed more liberal spirit towards the
authorities of this city. proper appreciation of
the office which hold. and the relation of respOn-
sbiity in which | stand towards the people of this
city, would render it difficult for me, while am
ready at all times to receive suggestions from them
any other class of citizens, to entertain off,
ciatty the claims of the committee appointed to
share with me the powers conferred by the charter
of the city.


The Mayor of. this city is the representative of
the whole people. An attempt to circumscribe or
control his action, to introduce into his councils
with view TO nominate officers, or for other mun-
cpa or State purposes, the organs of any particu-
lar party or assOciation-of ward meetings or town
meetings. not recognized as representing the entire
constituency from which he holds his power is GER
tain to lead to remonstrance, the submission of
similar claims from other associations of citizens
who NAV have equally laudable objects to accom-
plish. While the Executive of the city has right
to receive the approaches of any class of citi-
zens who may desire to communicate with him in
reference to any matter touching his public welfare
he has right to share his powers, which have
been conferred upon him alone, with any official