The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1857-02-13
EDITORIAL CORRESPONDENCE.
Arnr.rA Fch- :. 1857.

ArGrsrA, Feb. I, 1857.
Three days of continuous debate in, the
House on contested election case is over,
and reporters who have been taxed severely,
breathe freer. The sitting member, MIR.
Dickey, from Fort Kent, has been dismissed
and n Madawasca Frenehman, Mr.. Cyr,
has obtained the seat. The main point in
the case was whether Mr.. Dickcy, who had
the certificate, was eligible under the provis-
ions of the Constitution, which require u
years residence in the State, and three
months residence in the district, next pre-
ceding the election. \ great deal OF legal
lore has been expended on the case, a large
part Of which, as the case appeared TO some,
extremely unnecessary. Mr.. Dickey the
ousted member, is q wild cat Democrat of
the Cary stripe, and Mr.. Cyr, the man de-
clared to have been elected, is said to DO a
"NIadigan Democrat, some say repub-
lican. but neither Mr.. Dickey who made a
speech in his own behalf,nor Mr.. Buxton, of
Warren, the Democratic ACHILLES Of the
House, would allow that he was such. The
entire democratic vote in the House was
given for Mr.. Dickey, together with the
votes Of some twelve or fifteen republicans.
Mr.. Dickoy, the member who had the GER
tifcatc, left Fort Kent in 1855, went to
IIayerhill, Mass, established himself in bust.
ness, and continued in business there until
March 1856, when he returned to Fort Kent
himself, but did not take his wife from
IIaverhill, until Aug, 1856. His friends
contcndcd that he went away intending to
return, and did not lose his residence, al
though he kept his house in Hayerhill, and
sold his own house and furniture before he
left Fort Kent. Tho vote in the district
was large one, anl in several places where
Mr.. Dickey got large vote, 50 very large.
as to create the suspicion Of "ballot stuffng.'
Mr.. Dickey's democratic friends and some
Of the republican members took the ground
that the one years residence required by the
Constitution, even if Mr.. Dickey lost his
residence when he first went away from
Fort Kent, meant residence at any time
and not specially the year next preceding
the election. There was Il great deal. rs
has been said. useless labor and ingenuity
spent on tins Us the case turned more upon
the point of whether he had the } months
residence in the District required by the
Constitution. 1t was contenled by Mr..
Dickey's friends that the time forscomput-
inc the 3 months should be from March
1856, when he himself returned to Fort
Kent, and not from August when no went
10 TIayerhill TO move his family back. Those
who argued against his light took the ground
that his residence recommended in August
when he arrived at Fort Kent with his fam
4 ily, and they stated further, if 1t was adj
mitted that no had constructively a.rsidencc
within the three months by reason Of his re-
turn in March, himself, then he was ineligi'
bic, as the plain meaning and intent Of the
constitution was that the one years residence
should be the year next preceding the elcc
ton.
Those who have a love for solving knotty
constitutional questions can exercise then
ingenuity in making up their minds as t
the merits of the case The decision mad,
by the House will strike most persons as tn,
correct one, even iF there were no cxtrane
Gus matters connected with thc..case, which
as there were other circumstances must hav,
and had some influence in bringing the mind
OF the members to the conclusion that Mr.
Dickcy was not entitled to the seat.
The discussion has elected the fact tina
there is a good share of debating talent il
the House. Among those who argued il
| favor Of the eligibility of Mr.. Dickcy, wer'
| Mr.. Drummond, Of Waterville, Crosby o
Dexter. and Danforth OF Gardiner, all re
publicans, and able men. Mr.. Drummond
who was a member of the committee On cleo
tiOns and who disscnted FROM its conclusion,
is lawyer, and ON this occasion made a
very acute argument, Certifying and defend
ins has position with skill and tact; and a
similar remark may be made, with equal
Justice Of the speeches of Messrs. Crosby and
Danforth. If these gentlemen failed in
making the House act upon their reasoning,
Il was Tor no lack og skill IN arguing, but
because they had the misfortune to be ON the
wrong side. Their legal arguments were
answered by Mr.. WOOdman Of Buckspors,
who has one ofthe best legal minds in the
House, and Is regarded as one of its ablCst
members. Mr.. Woodman was one Of Gov.
Crosby's council in 1854.
The Judiciary Committee, SO it is said,
have agreed to report bill, only two men,
bers dissenting, to repeal the act Of the last
year reducing the number of Judges of the
Supreme Court, and royiving the act under
which Judge Davis was appointed. The
committee have been rather tardy in their
movements in this matter, but it will come
in cool time, and 50 Car as it is in the pow
er Of the legislature to do it, the outrage
committed by parlizan violence and person
al malevolencc on the Judiciary, will be re-
bukcd, and the way paved for the rc-insta.c-
nent Of Judge Davis in the scat from which
he was thrust by the men who welded the
dostinics Of the State las, year. L.o. c.
ApGrsrA, Feb. IL, 1857.
The wheels of legislature move on very
quietly and smoothly, almost too quietly.
The republican majority is 50 largo as to