The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1856-02-01
TIL E u MON
EASTERN JOURNAL
The Rumored State Civil War.

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FRIDAY MORNING, FEB. l, 1856.
The Rumored State Civil War.
A rumor has been in circulation for some
days past, that Governor Wells was to bring
the military power of the State into rcqui-
sition to put his appointments of Sheriffs
and Registers Of Probate, into the possession
Of the respective Offices to which they have
been commissioned. We do not believe that
Governor Wells has any such Intentions
As reckless Of consequences as many Of the
leading spirits Of the State administration
undoubtedly are, 1t is quite impossible for
US to believe that any sane man would coun-
sci the Governor to disregard the plain pro-
visions Of the Constitution, under which
tho question now ut issue between the exec
utive and coordinate branch of the gov
eminent, may be tested. We therefore re-
gard the following, taken from the Angus
Ia Age Of Saturday, as mere Jruttm tiilp'en,
given out by that paper on its own rcspons-
ibility, and not any indication of the deter
mination of Gov. Wells.
Extreme Porer 20 BE- used. They 1.-THE
present Sherifis and Registcrs,) must co.
the people have willed it--they must go !;
pedeedbiy If practicable, toreibiy u necessary.
no Z. aud
prepared TO execute the PEoPLE's WILL, and
will do it, even TO the extent of the exercise
of its extreme power, If necessary.
A resort to this "extreme power" as
threatened by the Ago, by Governor Wells,
without attempting peaceablc settlement
of what is simply a disputed question as to
} the effect Of certain acts Of the people, and
Of their legislatures, would sink Governor
Wells into depth of iniamy, below which
it would be impossible for any public man
to descend. There is a tribunal appointed
by the Constitution, to determine all ques-
tions of u constitutional character, and that
tribunal is the Supreme Court. Judge
; Wells may not like that tribunal, may hold
il he plcases, very contemptuous opinions OF
its ability, may think his knowledge of con-
stitutional requirement far beyond the CON-
, bined wisdom of the court, but to the man.
dates of that tribunal he must conform
What is the case now presented? Gov.
Wells has appointed Mr.. Emery of Gorham,
Sheriff of Cumberland County, considering
that it was his right to do SO. Mr.. Baker,
the Sheriff in office, disputes the Governors
, right to make the appointment, and main
tains his right, by declaring that the pco-
pie, by the adoption of certain amendments
to the Constitution, have taken from the
Governor the power to appoint Sheriff in
his stead. The case is brought to the notice
of Judge Davis, who is obliged to rule upon
the question, and he decides that Mr.. Fine
~, under the Constitution, is not the Sher-
if of Cumberland County. He gives his
reasons, and they appear, at least to large
body of the people, conclusive. IfMr. En-
cry is not satisfied with Judge Davis decis-
ion, all that he need do is to carry the mat
ter up to the Law Court, which will either
sustain or reverse the decision of Judge Da-
Wis. This is one way of getting final set
Element of the question: peaceable, con-
stitutional, and proper way of ascertaining
Ijudicially, who is Sheriff of Cumberland
County.
Should it be said that much trouble would
ensuc from delay in the settlement Of the
question, the Law Court not meeting until
May, we answer that this may be obviatcd
at any moment by Governor Wells, should
he chose to avail himself of his constitu-
tiOnal privileges.
Article W., section ILL.,, of the Constitu-
ton of Maine, is as follows:-
"They, 1.-THE Justices of the Supreme Jul
dicial Court, shall be obliged to give their
opinions upon important questions of law,
and upon solemn occasions, when required
by the Governor, Council, Senate or House
of Representatives"
Why does not Governor Wells resort to
the Supreme Court, and thus settle, in n
peaceful and constitutional manner, ques-
ton arising under the Constitution, which
he has sworn to obey and respect? A week
at fiirthest would suffice to determine the
question, and whatever might be the deter
mination of the Court, the people would ac-
quiescc, because, by the Constitution, the
Supreme Court and that alone, must adju-
tate the question, and its decision must be
final.
The appointment of Sherifs, &C., under
the circumstances, by Governor Wells, was
the exercise of doubtful powers-hc may
possess them or not, and whether he right
fully exercised them, is the very question to
be determined by the Judiciary, [Supremc
Court. The Kennebec Journal, in an arti-
Gle upon the subject, says -
Instead, however, of following this wise
and prudent course, we have the best reas-
ons for believing that Gov. Wells intends to
take the matter in his own hands, and by
force, place his appointccs in possession of
their several Offices"
This we cannot credit. Gov. Wells is a
reckless politician, but he would not ven
ture upon self destruction, as he most assur-
cdly would, should he attempt anything Of
the nature spoken Of. Nor is he fool enough
to suppose that the people would sustain
him in resort to extreme measures, in n
case which can be settled pcaccably, by con-
stitutional means.
We think, that considering the difference