The New York herald., 1879-12-28

In the HERALD to-day we print state
ment from Governor Garcelon of his view
of his imperative duty in respect to defec-
tive returns Of election. He holds, it will
be seen, that he has no discretion and
must act on the law as he understands it,
and that the only point at issue is whether
he shall do this or shall yield to popular
clamor. This issue appears to be ap-
preaching o solution on the point in refer
Garcelon and his Council are apparently
determined to have these guns and to make
the orders of the Executive respected when
given on point within the proper sphere
of Executive authority. If the people of
Bangor, therefore, continue as excitable
and bellicose as they we're on Thursday,
and the Governor persists in the inten-
ton with which he is now credited
by the dispatches, the disturbance which
is imminent will actually occur on point
on which the people have not the least
color of justifcation-on which the Gov
ernor is indubitably right. The arms are
the property of the State and are in the
Governor is er Qbicio the head of the armed
force Of the community. nothing can be
clearer than his right to order the removal
of arms from one point to another, and TO
enforce this order if it is resisted. The
people might as we'll interfere with him
in any other recognized function of his
Office as in this. If community, out
ragged by an act of official treason-a amazed
at disregard for the principles of repub-
lican government by which the expressed
will of the people Is set aside on fimsy
pretexts-have determined that they will
not look on with folded hands at the con-
summation of such villany, it is just as
on a point on which they have a show of
right on their side. There ought to be
enough Yankees in Maine to discover this
by Monday, and, therefore, it is possible
the removal of the arms will not be resisted.
From the way in which opinion seems to
be already shaping itself we are inclined
to believe that the men of Maine do not
mean to '.condone" Governor Garcelon's s
coup detat. Maine evidently does not feel
that she is ready to have official jugglery
decide for her those points which her con-
stitution supposes are to be decided by the
will of the people. There is little differ
ence in cases of this kind between an old,
well organized State, where opinion is not
demoralized on questions of common right,
aud one of the new Southern States, whose
ancient system was torn up in the war,
half of whose people were slaves few
years since, whose government is in the
hands of adventures, and in which dis
tinct conception that one act may be more
villanous than another does not exist
Both parties in Mime should be and ap-
parently are of the same opinion on this
case, because distinct issue of right and
wrong rallies all fair minded men on
one side. But if the Maine people deter
mine not to stand it, what can they do
That is point on which it does not
yet appear that there is common
agreement, and they may conceive
| in fact that it is detail. It
cannot be impossible to find fair legal
method of getting around the difficult
ties of this case unless the Governors plot
goes so deep that he is determined not to
| facilitate such q settlement. In some OF
the cases in which cities have been de-
prived Of their representa- tative the infor-
mality upon which the Governor has acted is