Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-12-29
lailp Aennsbtt csournal.
Augusta, Monday Morning, Dec. 20, TO.
Hon. Lot VI. Morrill'S Reply to
the Letter of Gov. GarcelOn.
The following is Hon. Lot NJ Morrill's
reply to Gov. Garcelon:

The following is Hon. Lot NJ. Morrill's
reply to Gov Garcelon:
AUGUSTA, Ne, Dec. y. 1879.
TO HIS Ercellency, -4loago Gdrccion, Coz
ernor Of Maine:
/ acknowledge the receipt of your EX-
celleney's letter of the 25tll inst, which
reached me yesterday. Your Excellency
will of course perceive that it is quite for
eign TO the purpose of my correspondence
to discuss the justice or injustice of the
great excitement which now menaces the
peace of the State. Your EXcellency
agrees with me that the excitement exists,
and also that it is highly desirable to allay
it by means and measures which are alike
honorable to all parties. 1t is my purpose
to confine the discussion to those points
which are essential, and on which we may
reach an agreement. and we may there
fore wisely avoid those which are non-es-
sential, and on which we might differ.
To come directly to that part of Your
Excellency's communication which relates
to the points to be submitted to the judy
ment of the Court, have to suggest the
questions in the enclosed memorandum.
[See memorandum below.
Your Excellency will observe that these
questions, though numerous, are simple,
requiring but brief answers and not call
ing for elaborate opinions. As Your Ex-
cellency acquiesces in the propriety of set
ting all disputed points in this orderly,
just, and constitutional manner, beg to
suggest in answer to objections which |
have seen elsewhere urged, that there is
abundant time for the Court to consider
the subject. The Court can readily con-
vene at the Capital on Wednesday next,
or by Tuesday, if necessary, and the ques-
tons can be placed before them on either
day.
As it has not been the habit of the Court
to hear arguments on questions submitted
by the Governor, there would be little
doubt that by Friday, Jan. 3D. Your En-
cellency would receive the answer of the
Court to all the questions. Even should
the Court consume day more than have
supposed necessary, there would still be
four full days left before the assembling of
the Legislature.
When Your Excellency asks ME to indi-
cate the points that have not already been
adjudicated, reply that such an attempt
would be valueless and indeed foreign to
the whole scope and purpose of this peace
ful mode OF adjustment. Your Excellency
must be aware that there is oiten-times rs
much dispute between lawyers as to what
has been adindicated by the Court, as
there is touching that which has been en-
acted by the Legislature. Your Excellency
will readily admit that the Court is best
able to determine what has already been
adjudicated. and with the strong tendency
of the judicial mind to adhere to one of its
own maxims of standing by that which
has been decided, there is no danger that
Your Excellency's decisions will not have
the full advantage of any opinions hereto
fore pronounced by that eminent judicial
tribunal.
l cannot close without urging upon
Your Excellency the propriety of going
forward in the course which in your COM
munication you have indicated your will
ingness to adopt. 1t has never, in the his
tory of our State, happened to any of its
Chief Magistrates to have it in his power
to do so much for the peace and good or.
der OF society 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 assurance of what may happen should
this constitutional mode of adjustment be
rejected, and the attempt made to organize
the Legislature by force on basis of
membership which so large proportion
of the people of Maine believe to be con-
uary TO the actual result OF the electienp
will not permit myself to doubt that
with the two courses before Your Excellen-
cy-one of absolute and honorable peace,
tine other of possible violence and danger
Gus disorder - Your Excellency will
promptly choose and steadily adhere to the
former. And in that belief beg to sub
scribe myself,
Very resnectfullv vnurs