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Proceedings and Acts of the General Assembly, 1867
Volume 133, Page 1430   View pdf image (33K)
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66

of the papers telegraphed to Baltimore on Thursday before
noon the fact that the removal would be made. The old
board and all Baltimore knew it on Thursday. But the next
day they received official notice of the fact. Yet on Thurs-
day they were summoning 700 special policemen while the
new board only called for 100 men. They continued this on
Friday. They were preparing an army to resist the law.
Let them explain that. Mark the contrast between their
actions and the actions of the new commissioners. Who are
the rioters f Who should have been committed to prison?
The application to Judge Bond for warrants should have been
made for the arrest of Messrs. Hindes and Wood, and his
Honor the Mayor. Instead of preparing such a resistance,
it was their duty to let in the new commissioners, and bow
to the law. It is said they did not do so because they feared
a riot. Their object was to hold over the election, with the
belief that they would be successful in that election, and thus
hold us for four years longer in subjection. The whole ques-
tion turns upon the validity of the appointment, and the
rights secured by such appointment. In accordance with the
past decisions, you have the right to go behind the commit-
ment. We ask you to look at the circumstances of the time
and to the testimony in that connection. These men have
been imprisoned and are still under constructive restraint.
We want no compromise. We want them liberated, because
they have the right to be liberated.

Mr. Latrobe concluded his argument by quoting from the
16th chapter of the Acts of the Apostles, verse 35 to 40
inclusive, as applicable to the case.

REMARKS OF MR. STOCKBRIGE.
The prisoners are detained under a lawful commitment of
a court exercising jurisdiction in such matters. The case was
laid open and the whole subject is now before you. It is
against all law and precedent that so great a latitude shall be
allowed in the trial upon a writ of habeas corpus as has been
claimed and availed of in the argument of my friend on the
other side. The Code gives to the courts of this State and
city and the judges out of court jurisdiction over the whole
State in matters of habeas corpus. Though a judge of the
highest court of the State, your power is the same as in every
other court, and with all the other judges of the State. You
have no appellate or reviewing power. You cannot revise
or reverse the return other than to examine if it is legally
issued. The effect of it would be to enable your Honor to
reverse or revise the judgment of all the courts of criminal
jurisdiction in the State, find the court with jurisdiction over
him would he baffled in all his efforts to bring an offender to
justice. Mr. Stockbridge quoted a number of legal authori-
ties in support of his view.

 

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Proceedings and Acts of the General Assembly, 1867
Volume 133, Page 1430   View pdf image (33K)
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