Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1879-12-19

TO Montpelier for the same charges as
he can try a cause in his own county.
THE MAIZE ELECTION TROUBLE.
The opinion Of Judge Virgin in the
petition for lnandamus against
Secretary OF State, Cove, to compel
him to exhibit the election returns
from Maine develops a startling feature
in the case as the following language
will SHOW:
"While engaged in examining the re-
turns the Governor and Council act in
an executive capacity, upon the re-
SponSI bIity of tiieIr official station and
the sanctity of their official oaths.
They are the final repositories of trust
and power from the people in regard to
it. " hat limitations upon the rights
of Others the performance of their own
duty necessarily imposes, they must
determine. 1t mas long been the estab-
lished law of the State that in any
matter .Intrusted TO them. tha disc,
ton OF the Court cannot be substituted
for theirs thar their action within the
sphere of their executive duty in al
fairs submitted 10 their own Judge
meuU cannot be controlled by any
judicial process. They are, in this re-
specr, a coordinate branch of the
Government, over which this Court
does not preside. If a mandate were
TO issue, directing the respondent TO
exhibit the returns to the reiatOT, there
must sill be q reservation in the decree
itself Of tie right of the Governor and
Council 10 mold them exclusively
whenever the fuliillment Of d constitu-
tional obligation on their part i'm
peratlveiy demanded it,
The Judge further says, in substance,
that it is impracticable for the Court to
attempt to control the action Of the
Governor and Council in respect to
such matters, for these are subjects over
which the Court exercises no superin-
tending authority.
Now we have no disposition to quar-.
rel with this decision, nor legal ability
sufficient to warrant us III discussing
it. We stand upon it as it is, and point
our readers to IFS consequences. Ii de-
clares that the Governor and Council
are coordinate bran III ui lie Cverl-
ment Of the state. whose actions /. g
judiciary have no power to regulate r
control. If that branch of the govelL-
lncnt has been made the sole judges Ct
the correctness of its actions, and its
Judgment thereon is to be final aud lie
unquestioned, then those powers must
have been conferred in great confidence
by the laws of the land. If any parry
has become so corrupt as to abuse such
confidence by using it when it by
chance obtains temporary power, to
accomplish party successes, and t0 ad-
vance the leaders of that party to Office,
then that branch of the government
becomes IA partisan machine, and trans
iers the AUTHORITY of government from
the people to the leaders Of a party,
VINO, taking advantage Of tempOrar!
success can disfranchise communities
and declare an election of their OppOn-
ents void and do any other act OF
thing which may suit their convent
ence, and all be unquestioned. Now
we are not discussing the merits of the
controversy in Maine, but simply as
serting that it looks as though no mat
ter what daring or outrageous act the.
Governor and Council may perform, ii
is beyond question and control. This
is a sad commentary on a Republican
form of government. If the govern
ment of a state is to be prostitutol to
partisan purposes and uses without a
remedy, then we are mistaken in our
popular idea of the safety of Repub-
lican form of government and new
and startling danger has beset us. But
our faith in the people is such, thar
when they discover that the confidence
they repose in the lpen they elect to
Office is so high that its betrayal cannot
be questioned in the ordinary modes
provided by law for the remedy of
evils, they will see to it; and when
once betrayed, will transfer such abus-
ed power to the hands of men who will
care more for the public good than for
trading their Offices to political adven-
turers. And this they will do by such
emphatic naiorities as will make .ea III
Brutus fall upon his own sword, and
rid the state of all who are unworthy
to hold such high positions. When
the people are called upon again to
act, let them see to it and elect such
men as will not assert supreme power
and exercise it in the dark, keeping out
investigation and enquiry, and deny
ing their right to see how their rulers
are being made. Better were it that
succession to Office be fixed by some alb
solute rule, than that at each election
an argument through fraud should be
made in favor of all the theories of
every king and tyrant on earth.
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