Eastern times., 1856-03-27
STATE OF MAINE.
In SENATE. March 10. Is!

In SENATE, March 10, 1856.
Resolved, That the Senate, after due notice
given according 10 the Constitution, will pro-
ceed TO consider the adoption Of an address to
the Governor for the removal Of Woodbury.
Davis, one of the Justices of the Supreme Ju-
dical Court. for the causes following
Because, the said Woodbury. Davis, at the
terms of the Supreme Judicial Court, holden
by him for the County OF Cumberland, in the
month of January last, and in the present
month of March, has refused TO recognize the
official authority and privilege Of Daniel c.
Emery, who had before been duly appointed,
commissioned and qualified as the Sheriff of
said County, and then held that office
Because, the said Woodbury. Davis, in his
capacity as Judge, has assumed, without legal
issue or judicial trial thereof, TO deny the law
ful and actual validity of the commission is
sued to the said sheriff, under the hand of the
Governor and the seal of the State;
Because, the said Woodbury. Davis, not re-
garding the lawful and actual custody, held by
the said sheriff, of prisoners confined in the
Jail of said county, for trial at the present term
of said court, has undertaken to remove said
prisoners from Jail, and has removed them by
proceeding not warranted BY law;
Because, the said Woodbury. Davis, at the
times aforesaid, has recognized as the sheriff
of said county, another person who had before
been lawfully removed from that office, and
has undertaken to issue the orders and pre-
cepis OF the said court, to be executed by the
person who had been so removed from Office
All of which acts and proceedings are and
have been open and notorious, and are persist
ed in hitherto;
Because, the continuance of such acts. pro-
ceedings and assumptions OF the said Wood
bury Davis, tends 10 produce insubordina-
tion, confusion and violence is Of dangerous
and pernicious example confounds the dis
tribution of the powers of government, and
tends to the subversion of the actual, constl-
tuted and lawful authority of the State.
Resolved, That these resolutions and state
ment Of cause of removal, be entered on the
Journal of the Senate, and that copy of the
same be signed BY the President of the Sen
ate, and served upon the said Woodbury. Da-
Wis, by such person as the President OF the
Senate shall appoint for that purpose, who
shall make return of such service upon his
personal affidavit, without delay and that
Friday, the 2Sth day of the present month, at
nine o'clock in the forenoon, he assigned as
the time when said Woodbury. Davis may be
admitted to hearing in his defence.
The address was laid on the table.
The question on the passage of the resolu-
tions. on motion OF Mr.. Shepard, was taken
by yeas and nays, and resulted-yeas "a, nays
9, as follows:
YEAs-Messrs. Aver, Barnes, Bean, BlaIs-
dell, Burrill, Butler, Crane, French, Good
win, Hathorn, Heagan, Hodsdon, Hayden,
Holland, Junkins, Lowell, Marden, Read,
Robinson, Rowell, Swasey, Talbot, Weston,
pa.
NAYs-Messrs. Barker and Shepard.
Mr.. Bean, from the Committee on the Ii
brary, reported Legislation inexpedient' on or
der directing inquiry into the expediency OF
allowing the Executive Committee Of the
State Agricultural Society to use the books in
the library also on petition Of John F. Me-
reen. Accepted.
House-Papers from the Senate disposed OF
in concurrence.
Mr.. Talbot of Lubec, by leave. laid upon
the table hill regulating proceedings IN &C.
tions on Scire Facias. Referred to the COM
mittee on the Judiciary.