Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-12-25

Hon. Lot NJ. Morrill, Appeals to
Governor GarceIOn to Invoke
the Opinion of the Supreme
Court
The following highly important letter
from Hon. Lot NJ. Morrill, was sent to
Governor Garcelon yesterday:
AUGUSTA. Dec. "A, 1879.
To his Ercellency, Aionso Garcelon, Cor
ernor Of Maine.
| cannot be mistaken in thinking that in
common with all good citizens, your Ex-
cellency must deplore the existing condi-
ton of public sentiment in this State to-
day. Two great political parties, embrace
ing in their ranks the entire population of
the State, are brought into angry relations.
producing bitter personal animosities and
possibly leading to scenes of violence.
What is the origin of this extraordinary
condition of affairs, seen for the first time
in Maine? 1t is because. unhappily, for the
frst time in Maine, great political party
and all the members thereof feel dissatis-
fled with the mode in which the returns
of the recent election have been counted
and declared. Possibly they may be in
error, but sixty-eight thousand citizens of
Maine who voted against your Excellency
at the September election, do not feel that
the actual result OF that election has been
proclaimed.
Even granting that all these men are in
error, your Excellency cannot but see that
of wrong ranking in the minds of so
many good citizens, who have at heart as
sincerely as your Excelloncy can have,
the peace, good order and happiness of
society.
Your Excellency cannot fail to perceive,
moreover, that the counting out of thirty
seven Republican members of the Legisla-
ture, elected on the face of the returns, is
an event sure to provoke irritation. excite
ment and anger The republican party
claim to have elected by the official re-
turns one-hundred and nine out OF the one
hundred and eighty two members that
compose the Senate and House. The
contingent of one third of the entire
number that the Republicans believe they
have elected, is certainly an extraordinary
event, as your Excelency will admit.
am not now asserting that your Excel
lency may not have had good reasons for
following this course. But respect
fully submit that YOU can do most valu-
able and honorable service for the State
and for yourself by adopting measures that
will satisfy every citizen of the State of
the reasonableness and justice of your
Excellency's course.
Your Excellency is the only individual
in the world that singly and alone can
command the prompt opinion of the SUI
preme Judicial Court. The constitution
gives you power to require that opinion
on important questions of law and upon
''solemn occasions" There are surely
important questions of Law pending and
certainly this is "a solemn occasion SO
that if that great provision of the constitu-
ton were ever needful il would seem ut
this moment to be Of inestilnable value
beg also to remind your Excellencv
that in questions of like import which have
arisen in times past to perplex your pred
ecessors in the Executive chair, the habit
has been uniform and general to appeal
to the court for the true Interpretation of
Law. And at no time | believe. has il
ever been charged that on a question of
this character the court has rendered de-
cision tinged with partisan feeling. The
recent decision Of Mr.. Justice Virgin is n
fresh illustratisn Of how little the political
bearings OF a question influence the iudg-
ment Of our Supreme Judicial Tribunal.
1t is in the power of your Excelleney to
Instantly restore peace, order, quiet and
good feeling to the State and all its inhab-
itants, by asking the opinion of the Judges
on each Law point involved in the varia-
ton of the count from the face OF the
official returns
There are precedents for recalling the
summons to Senator or Representative
elect when enormously issued, and in the
case of the five DISTINGUISHED cities no