The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1856-04-11

Il ID II
ie.ired to be heard by his counsel who were
present with him.
Preliminary to entering upon the case,
Mr.. Paine aid he was desired by the emf
aent counsel. who was associated with him,
md was originally retained in the case and
Who was still confined by severe indispOsitiOn,
10 express his thanks to the two branches OF
the legislature for their courtesy in post
poning the hearing, for his convenience, I'M
til to day.
Having said this, Mr.. Paine, declaring
that the counsel, while they did not doubt
the propriety of the rules adopted for the
government Of the convention, had strong
doubts of the constitutionality Of the pro-
eeedings Us they have been taken, and de-
string to save al the rights Of their respond
eut under the constitution; and II was their
duty in this preliminary stage Of the pro-
eecdinss, and it was done with no DISPOSE
ton to throw obstacles, but rather to facili-
tate the enquiry, to protest against the pro-
cecdings Us unauthorized by the constitution
and that the rights Of the respondent might
be protected, they submitted the following
protest, which they asked should b, spread
ON the records Of the Senate:
Protest.
In Joint Convention of the members OF
the two branches Of the Legislature Of
Maine, April 5th, 1856, for the purpose
of admitting Woodbury. Davis, one Of the
Justices Of the Supreme Judicial Court,
TO a hearing in his defense upon certain
charges against him, entered upon the
journal OF the Senate, March 10, 1866
And now the said Woodbury. Davis ap-
pears and respectfully represents, that this
Convention is not duly constituted under
any provision Of the Constitution OF this
State, and that "hearing" before this body
is not such clearing" US he is entitled to,
by the said Constitution-drd further, that
the adoption Of an ''address" for his re-
moyal from Office by the Governor and Coun-
ell for the causes aforesaid, is contrary to
the provisions of sid Constitution and
| further, that said causes of removal have
been stated and entered upon the journal oi
the Senate and the day for "hearing" as
signed, and the notice thereof given to him
Iby order of the Senate alone, without any
concurrent action thereon, ON the part OF
the House OF Representatives and further,
that he has received no notice for any "hear-
ing" before this Convention. nor have both
branches Of the Legislature agreed upon and
stated the causes of removal aforesaid, upon
which he is 10 be heard. Wherefore avail
ing himself of the opportunity to be heard,
which is now offered to him, he valves no
objection to the proceedings aforesaid, but
protests that they are not such us the Con-
stitution Of this State requires, and prays
that this protest may be entered upon the
Journal OF the Senate.
WOODBURY. DAVIS.
The protest having been read, Mr.. Paine
said that tho respondent, waving none OF
the objections stated, would for the purpos-
IS OF hearing, put in his answer to the ALE
cations of the causes of the removal, and
this he desired to have spread on the Journal
Of the Senate. The answer is as follows;
Answer.
In Joint contention Of The members Of The
iro branches ocths Legislature o. MdiHe,
] April 5ih, 1856, for The purpose Of admit
tiag Woodbury. Darts, one Of he Justices
/ Ocfhe Supreme judicial Court, 10 hear
iag in his defence upon certain charges
a5aiaa him entered upon he Journal Of
ne SRGlc. March l9ih, 1856
And now the said Woodbury. Davis, ad-
herring to his protest already presented, and
relyin. upon the same, and waving no oh
jections to the. proceedings named in said
protests, in answer to the charges Aforesaid
against hun says Us follows, viz:
That it is not true that he, " the said
Woodbury. Davis, at the terms OF the SUI
prone Judicial Court holden by him for the
County of Cumberland, in the month oil
January last, and in the month OF March,
has refused to recognize the Official authori-
~ and privilege of Daniel L. Emery, who
had before been duly appointed, commission
al and qualified us the Sheriff of said Coun-
ty," except that no, tho said Woodbury.
Davis, ut said terms Of Court, (Seward VI,
Baker being employed and claiming still t.
bs employed as the officer OF the Court
upon the application of the said Daniel L,
Emery To b. employed by the Court To exc
cute the orders and precepts thereof, to the
exclusion Of said Baker, not being OF TIT
opinion that said Emery was duly author
lied to act in the premises, the said Wood
bury Davis dad decline to employ him t.
execute the same.
And the said Woodbury. DAVIS does moi
admit that said " Daniel Z. Emery has beer
duly appointed rs the Sheriff of slid COun
" " and he denies that the legislature ha'
any authority under the Constitution o
this State 10 determine this question for any
other department Of the government.
And the said Woodbury. Davis answering
further, S.ys, that ut neither Of said term
of Court did he issue, or undertake to is
sue" any " precept of said Court to bC
executed by any " person rs Sheriff Of sale
T County," But he admits that, being salts
fed that Seward VI. Baker was duly author
izcd to act IA Sheriff of said County, and Oh,
said Baker claiming the privilege Of being
employed by the Court, he did employ said
Dslker IN the trlilslcbloLs VI bLiV DuniheeS VI
slid Court; and he denies any authority on
the part of the Legislature to determine fOl
any other department. of the government
that slid Baker &" had been lawfully remoy-
III from that Office"
And the said Woodbury. Davis answering
further says, that he has been informed and
believes that before the criminal term Of said
Court held i'm said County of Cumberland,
in the month OF March, tho said ID. c.
Emery took possession of the Jail in said
County by force, and appointed keeper
thereof. into whose custody he committed
tine prisoners in said Jail. But it is not true
that he, the said Woodbury. Davis did re-
move. or " undertake to remove said pris-
oners from Jail by proceeding not warranted
by law" On motion of the county attor-
ncy he sent IN officer in attendance upon
said court with verbal orders to bring sand
prisoners into court that they might answer
To the indictments therein pending against