The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1856-04-11
THE UNION AND EASTERN JOURNAL...-.FRIDAY, APE
Tux SnxRrrr, or S.cApIuocx.

Tnx SnxRnTs OF SAeApluocx. At the
opening Of the April Term Of the Supreme
Court in Sagadahock, on Tuesday, Judge
Goodenow presiding, Mr.. Gilbert presented
the protest Of Sheriff Morrow. According
to the Bath Sentinel:
"After reading tho protest, Mr.. Gilbert
said in substance, it was TO be presumed
there was but one sense among the people,
and on the part Of the court, as to the dan
gerous Vaccinations against the constitution
now gong on, and in view Of the extraordi-
nary proceedings pending before the legisla-
ture, Of which the purpose was but too evil
dent. The Court might perhaps think that
its own position could not DO properly vim
dicated, unless il should take this opportu-
nifty 10 decide whether the sheriff sitting
were lawfully in Office.
But if the Court took different view Of
the matter, and did not desire to make q
decision. il was not the purpose Of the Sher-
in 10 make any embarrassment as to pend
ing questions, and therefore he did not feel
inclined to insist upon peremptory deci-
sion. lie considered that he had done
enough when he had fled his protest.
Mr.. Gilbert, having concluded, Judge
Goodenow remarked, that he did not consid-
err the matter called for any decision Of the
court. lie had no doubt that n Judge pre-
siding ut nin prir,, had right to decide
whether a law or an act of the executive de-
partment, Is or is not constitutional but il
might not always be advisable to do 50. In
plain case, one 30 clear that the minds OF
men capable Of understanding such things
would concur, he should not hesitate to de-
eide n constitutional question, sitting at a
jury term of the court. As, for instance, IL
the Governor should undertake, by granting
n commission to another person, to remove
the Judge himself, and such person should
present such a commission i'm court, and at
tempt TO eject him from the bench, he should
decide such an act unconstitutional and IL
his pretended successor should perseyere, he
should commit him for contempt.
But be said he could not here determine
the authority OF the respective claimants to
the Office of Sheriff any further than it con-
cerned the service for this term of the court
and IL was best that the question should DO
waived until it could be authoritatiyely de-
cided by the full bench.
The learned Judge said he would add, that
before he knew the mind of the Governor.
no examined the question and came 10 the
conclusion that the constitutional amend
ments were perfected when the vote of tho
people was ascertained by the count and that
according to the spirit OF the amendments,
the Governor no longer had the power Of
removal. But he was willing and desired
before making judicial decision in the
matter to hear all that could be said and 10
have the influence Of other minds upon his
own, and he trusted that after careful and
candid deliberltion on the subject the full
court would be able to arrive at correct
conclusion"
The democratic papers have been flourish
ing report that Judge Goodenow, in SOM
crsct county, took occasion to comment Sc
vcrely upon the course Of Judge Davis
But it is now probable that the above j, the
substance Of his remarks in the former
county.