The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-12-29

AUGUSTA, December 2S.-The following
is Hon. Lot NJ. Morrill's reply to Gov,
Garcelon:
AUGUSTA, December 27.
10 His Erceltency AtOnso Gdrcslon, Governor
of Maine:
I acknowledge the receipt Of your
Excellency's letter OF the 25th inst. Your
Excellency will Of fcourse perceive that It Is
quite foreign 70 the purpose ol my CORES.
pondence 70 discuss the Justice or injus.
tice Of the great excitement which now
menaces the peaCe Of the State. Your
kXcellency agrees with me that the ex.
element exists, and also that 1t is highly
desirable 10 allay 1t by means and meas.
utes which are alike honorable TO all par.
ties. 1t Is my purpose TO confne the dis.
cnssion to those points which are essential
and on which we may reach an agree.
ment, and we may therefore
wisely avoid those which are
non.essential and on which we
might differ. To come directly to that
part Of your communication which relates
10 the points to be submitted 10 the jndg.
mento OF the court, have to suggest the
questions on the inclosed memorandum,
Your Excellency will observe that these
questions, though numerous, are simple,
requiring but brief answers and not calling
for elaborate opinionS As your Excel
lency acquiesces in the propriety oi settling
all disputed points in this orderly, just
and constitutional manner, l beg to sug.
gest, in answer to objections which l have
seen elsewhere urged, that there is abund.
ant time for the courts TO consider this
subject, The court can readily convene
at the capital on Wednesday next, or by
Tuesday II necessary, and questions can
be placed before them on either day.
AS it has not been the habit Of the court
to have arguments on questions submitted
by the Governor, there would be but liz
tie doubt that by Friday, January 2, Your
Excellency would receive the answer OF
the court TO all questions. Even should
the court require day more than l have
supposed necessary, there would still be
four Iull days left before the assembling OF
the Legislature.
When your Excellency asks me to indi.
cate points that have not already been ad-
Indicated, reply such an attempt would
be valueless, and indeed foreign to the
whole scope and purpose Of this peaceful
mode OF adjustment. Your Excellency,
must be aware that there is oftentimes as
much dispute among lawyers as to what
has been adjudicated by the court as there
is touching that which has been enacted
by the Legislature. Your Excellency will
readily admit that the court is best able to
determine what has already been adjudi-
Gated and with the strong tendency OF the
judicial mind to adhere TO one OF It's own
maxims Of standing by that which has
been decided. There is no danger that
your Excellencys decision will not have
the full advantage OF any opinions hereto.
fore pronounced by that eminent judicial
tribunal. cannot close withouturging up.
on your excellency the propriety Of going
forward In the course which in your com.
munication you have indicated your will.
ingness to pursue. 1t has never in the
history of our State happened to any one
OF it's chief magistrates TO have it in his
power 10 do 80 much for peace and good
order ofsociety as your ExcellenCy enjoys
to-day. The submission OF these questions
to the court will instantly allay strife, pre-.
serve order and restore harmony. Can
your Excellency give the people any assur-
anCe OF what may happen should this con-
stitutional mode OF adjustment be re.
jected and an attempt made to organize
the legislature by force on the basis
of membership which so large proper
tion of the people of Maine believe to be
contrary to the actual result of the eec.
tions. | will not permit myself to doubt
that with the two courses before your Ex-
cellency, one ot absolute and honorable
peace, the other OF possible violence and
dangerous dlscords, your Excellency will
promptly choose and steadily adhere to
the former, and in that belief I beg to
subscribe myself, very respectfully yours,
LOT NJ. MoRRILL, Ch'm'n., etc.
TIE MEMORANDUM.
First-Isit the duty OF the Governor and
Council in canvassing the returns for Sena.
tors and Representatives. to the Legisla-
ture TO allow corrections therein by the
record under the constitution and laws OF
the State, and TO what cases can such cor
reCtions extend2 1fnot their duty, have
they then right or power to allow" such
corrections attheir option?
Seconds return signed by less than
a majority OF aldermen Of city so delec.
tive that 1t cannot be counted as 1t islands?
If so defective, can duly attested copy Of
the record be submitted for it and be
legally counted? The cases Of Lewiston,
Bath, Rockland and Saco are referred to.
Thirds a return which places num-
ber Of votes opposite the word 'scatter-
ing" SO defective that 1t cannot be count
ed when the whole number of votes so
placed, added TO any minority candidate,
would still leave clear plurality to an.
other candidate, and, II so defective on its
face, can It be corrected by the record?
The case referred to is that Of the city OF
Portland.
Fourth-If return has not the sigma.
ture of the town clerk, as in the cases Of
Lebanon and Albion, can duly attested
copy OF the record be substituted there
for and the vote be legally counted?
Fitth-Have the Governor and Council
any right to reject return bearing the
personal signature Of the clerk and ma
iority Of the municipal. officers because
from evidence aIi.mde they arc satisfied it
was not signed or sealed in open town
meeting, or was signed by selectmen in
blank at the meeting after adjournment
and filled in by the clerk; or because
one Of the selectmen signed the return In
blank, filling in the name OF the town and
county before the town meeting, the other
two signing and sealing In open meeting,
THE alleged cases Of Jay, Stoneham, Lis.
bon and other towns are referred to); or
because the return was sent to the Sec
retaty Of States Office unsealed, as Is
alleged in the case Of searsport; or
Fbecause the record specified in the
Constitution, article four, part one,
section 5, was not made up in the
presence Of the selectmen and in
open town meeting, as Is alleged in the
cases OF Webster, Lisbon and other towns;
especially II q written memorandum OF
the persons voted for with tho number Of
votes for each person against his name is
made by the clerk in the presence OF the
selectmen and in open town meeting,
though not put upon the record book Of
the town until after the meeting adjourn.
ed or because one OF the select men sign.
ing Is an alien, as is alleged in the case OF
Cherryfeld, all the other signatures be.
Il sna .na,,Ias L. ali