Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1860-02-17

are absent, or refuse 10 act. Others may bs
chosen 10 ihqir stead, pro iemPors. and per.
form all tho duties. and bO .ubjse, To all tho
liabilities. So.
lie said that all parts Of the constitution
or statutes arc 10 be taken together, and 80
construed as to make II, II po''ibls, uni
form aud consistent whole and all point
20 the great principle asserted in tho dec.
laranon Of rights, that all power J. inherent
IN the people. and all free governments are
founded In their authority and instituted
fur their benefit Section I Of article . of
the constitution /. u poahrc declaration that
the election shall h hsiS for tho choice Of
certain officers upon fixed day RPrs-
,rHidnrs TO the Ieg.laturs !, one OF the Off
Ger. that shall BE- chosen on that Jay. Sc.
ton ; article ). I. direction TO the oaicen.
whose duty It rs 10 warn such meeting and
preside therein. Tho frJmer. Of Iho oonsli-
tuition. or thosi contemporary with them.
who are supposed TO have understood It's
meaning aud true construction, understand
ins this 9th section Of article , - merely
droiors. aud pcroeiVins the difficulties that
might arise unier i,. by the neglect or de-
sign Of tho Selaoimsn IN the several towns,
provided by statute that in the shsoncc Of
the S.lccimen. OF their refusal 20 act. 9TH
er. might be chosen in their stead, o., that
time. without any meeting called fpr tha,
purpose. and that they should perform all
the dntic-, AMI BE- .a'Ject to all the linhiIi.
tics, &c. Aud the same provision, h. said.
va. incorporated intn our Revised Statute,
section Il of chapter 8, as before referred
to.
Now II this provision meant anything,
and thos, Who framed It mean, anything,
they evidently looked upon it as be had *.
planned. a. II was the only reasonable con-
clu,ion t. which ap inielIiseh, mind could
arrive aud he made the assertion without
fear u contradiction, h'rc or slssWhcsa,
that ili. Interpretation Of the constitution
and statutes vas c,rrtc: and wa sanctioned
hy the decisions Of our courts. ani the uni-
form presidents OF th" legislature. s' ho
should pro- 'n,ly show. w. ,aid II this doc
lrlne we're true. land he challenged contra
dcuonJ that a. the people are reqairci iy
the constitution 10 assemble On tho secuud
Monday IN September. annually, forever,
ani give in their votes Tor G'.stnor, Sena-.
,lr. anl representative /, tie legislature. l.
that an omission nv the sl.cim,l (hy De-
.lgn or o,hervss) to ln.ert nm aruela in
the varran, O. choose Representative to
the L,sl.lA,ur') calling the mr'in: lor tho
choice oC State olHcrr-. IN the Second Mnn-
Day u September, could ~, inv..iil,c tie
election. and thereby di.frinehlsc the les,l
voter. n snii town, especially when IL ap.
pe,r,d that all parties were rrr.ent and
actol IN good faith aud conscience. lle
went further. and gave a. hi, opinion that
II the legal voter. assembled on that DAY
and acted in g,,ol faith. isifiovt dHy rror-
rant, and I, appeared to ,lI' House ll,at no
party had been injured and no fraud com.
mi,tci. and that the " I'LL OF the perpli wrs
fully expressed. that this House would have
u, rlsh, To di,lranchi.o any town because
Of such oml..ilb. The meeting WIS ,s,l'ed
by the constitution. and It vas opt 81 th"
powe- ul ans s,t of oiHeer. to coutrav, ne Il,
and tho. di,'rlnchi.c the citizens I c
statute, mus, conform to the constitution.
and every member Of ii Ilpu'o siis here ~
virtue of that same constitution.
We come now, said Mr. Woodbury., %
examine the doctrine lail down in the ls't
Of the opinion Of the court. In the 9th "f
Mana Report. ls6, the court ay, ,ha,
town, and plantations cIh'sed into district.
for the choice Of Representative have right
TO choose one, though a majority Of the
town. vote not TO -end.
By the constitution Of Maine, the right
t. BE- represented 10 the Legislature j. not a
corporate right, bot right OF the sleetor',
Of the people themselves. and a town haS.
ing right to choo's representative. has
not the power to waive ,ha, righ, ard vote
not to send representative aud such yo'e
would not Lind minority in such town.
The Legislature which sought this opinion.
gaye a scat tn = man who was elected hv ID
minority Of ihe legal voters, after the ma-
jpriiy had voted not to ssnd. The court
cay, that the only mode by which 'nsjorl-
" can prevent a minority from sending, !.
to vote Tor some other man. lie sad he
had ,re,passed 50 l"ng upon the time OF the
House in explaining what was - clear.
that il needed no argument or explanation;
tha, ho woall now proceed a, once. to re.
view tho positions taken by the gentleman
from PARIS, (Mr. B.aek,) in hi. report and
argument. Tie begged pardon Of the House,
Lu. he must sag with all due deference
and respect to he gentleman from Pari.)
that he had failed. both in his rePor, and
argument, to discriminate or make di'tinc-
ton between meeting, called by the eonstiin-
ton, and those called under the sta,uis.
one wa. the creature OF statute Law. aud
governed by il. PROVISIONS entirely. subject
t. the constitution. willie tho other could
not he oyerruled by statute law. and was
no, the creature Of IL. No statute law
could call the meeting for choice OF Cover.
nor, &c., in March. because it would be re-
pusnant to the constitution. BIT IL can,
and doe. 'ay, that the meetings for choice
OF town officers shall 10 in the month of