The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1856-04-04
The Case of Judge Davis.

vi JuuRc DAVIS, preliminary W hS eoese'
doomed removal from the Bench, by an ad-
dress for that purpose to the Governor.
We regret, most profoundly, this extraor-
binary, and to our judgement, most unjus-
tifable proceeding.
We regret it, for the sake Of the great
principle of our government, which had
from the earliest period proclaimed the safe
ty Of the people in the security Of the Judi
CARY from partisan po,eer, and partisan
passion: and which GREAT PRINCIPLE, Is
about to be sacrificed forever, in the person
of Judge DAVIS, if this partinn warfare
upon the independence and integrity Of the
Judiciary shall prove equal to finding sup.
port from the calm, +" second sober thoughts
Of the people of Maine.
Judge DAVIS, as q man, ceases to be oil
any sort Of consideration in this matter. IL
is the occasion, the action, the example and
precedent, that becomes every thing, in this
matter. Never, before, have the people OF
Maine been summoned to consider so grave,
so ominous, so pregnant measure. ltstrikes
at the root Of their safety-at the founda-
ton Of their institutions.
If this movement shall be sustained by the
people-ds parti=dns-(for only as partizans
that they are, or can be, or will be called
upon, to pass upon it, if they shall sus,
tain and uphold it, farewell, long and
everlasting farewell may be proclaimed to
the integrity, to the symmetry, to the unity
of that form Of government, which their
fathers SO religiously framed and transmitted
to us, consisting of THREE INDEPENDANr
BRANCHEs-THE LGIsIATyE-rnE EXECUTIVE,
and the JUDICIAL.
When either of these is permitted to strike
docn The other, in its true and appropriate
sphere If action, the security of life, liberty
and the freedom of the citizens in the pur-
suit of happiness, will lay PROSTATE upon
the funeral pile, reared by sacrilegious and
revolutionary hands.
The pretencc set up for justifying this pro-
cedure, to the people, THE PEOPLE IN their
Just discrimination, and upon full informa-
ton, will hereafter condemn as utterly UNI
founded, and false, and contradictory OF the
most notable fact which the case presents.
This false pretence is thus stated in the
resolve passed by the Senate;
"Because the said Woodbury. Davis, in
his capacity Us Judge, has assumed, ,rith-
Out LEGAL issue or judicial trial thereof, to
deny the lawful and actual validity of the
commission issued to the said Sheriff under
the hand Of the Governor and the seal OF the
State"
But no such fact crisis. Judge DAVIS
was called upon by Mr.. Emery, Governor
Wells new Sheriff, and through two coun-
scls-Ex-Judge Howard and Mr.. Nathan
Clifford, TO pass upon the legality Of Mr..
Emery's commission, judiadily. Both eoun-
sci made elaborate arguments IN support Of
Mr.. Emery's prcterlsions in open court; and
contrary to the statement made by the Au-
rusta Age, in an article written by one of
It's editors, no doubt, who is member OF
the House and meaning yet to sit in judg-
mcnt upon Judge Dayis-which statement,
is that Judge Davis opinion was written
before the session Of the Court, and bcfor
any questions had arisen, and was drawn
from the Judges pocket and delivered as "a
merely rohmfoer opinion, preconceived and
Predetermined" contrary to this whole
statement, Judge Davis was asked, was IN
riied, nay, by Mr.. Emery'sown counsel ,ra,
forced, TO decide the question Judieidiy, for
the time being. Judge Davis expressed his
regret mt the necessity thus imposed upon
him, as all the Bar OF Cumberland, present
at the time, must bear witness.
And now, because he decided it, rs he be-
lieyed to be right, he is 10 be protested by the
Legislative power, acting the part Of pup
pet 10 caucus room behed!
When the people shall learn, and fully
understand, that both Gov. Wells had it in
his power, and the Legislature had 1t in
their power, at any moment, TO have applied
to the Law Judges of the State for their alb
solute and final, and supremcly potent de-
cision of this mooted question-and yet, that
neither of these departments Of the Govern
ment, the Legislative or Executive, thus
armed with n peaceable, orderly and consti-
tutional corrective of Judge Davis error, If
error there be in his opinion; when the pco-
pie shall learn, as they certainly will learn,
that neither of these offended Branches ofthe
State Government, has deigncd to seek such
adyisement of the Supreme Court, but mad
ly rushes upon this isolated Judge, thus CALI
ed upon to act and to decide, and who has
acted and has decided in the sight of God,
and according to his sense of duty towards
his fellow men, and demand, because of this,
his honest, and his compulsory decision, that
he shall be inundated, TIE NoLOcH OF PAR
THAN jury will be to the senses CT the peo-
pie too broadly, too damnably apparent,
not to make them turn in loathing and dis
gust from such sacrilege of their State Gov
ernment. and from such wild and uncalled
for perversion of +" the title brief authority
with which the people invested these repre-
sentatiyes, and this Governor.
We solmnly declare-without one person.
al sympathy with Judge Davis, as a politi-
clan for we have opposed all of the organ
ization of party power with which he has
been identified; without one sympathy with
him. as u man, for we never had "elther
the honor or shame" Of personal introduce
ton, or acquaintance with him with no
predictions in his favor, either as lawyer,
or Judge, for we never had the first act OF
business to transact with him in either ca
pacity with all our hopes and oil our
sympathies, politically, running into the
support of Gov. Wells administration, and
all our hopes of liberal and just legislation
" running on all four," with the majority
party in each branch of the Legislature
we do still in the sight of God and OF man,
PROTEST to the people of our State against
this outrage, that is being perpetrated in
the name of the legislative and Executive
Branches of our Government, AGAINST THE
HONEST INDEPENDENCE OF THE JUDICIARY;
and we call upon all honest minded, fearless
hearted, disinterested, patriotic citizens OF
all parties in the State to rebuke il, as wan
ton, uncalled for and unjustifcd BY any facts
or any necessity, and worthy only of the
cpt-ikroGt days Of Jacobin France, when
blood flowed most freely at the toot of the
murderous Guillotinc.
We admonish dcmocnts-we admonish
straight-out-whigs-wc admonish partizan
men Of every name, to spare, spare, not the
JUDICIARY or TIE STATE.
1t is not Judge Davis, alone, who is being
stricken down by this procedure.
Ii is not the interests Of the day, that are
to be wounded deep and lastingly, by this
procedure.
Ii is not the partiran power Of q year,
that is to be Frustrated by the consumma-
ton of this act.