Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-12-29
NIOERILL'S MEMORANDA,
ANSWER TO GOV. GARCELON.

AUGUSTA, Me-, Dec. 29.-The following IS
Hon. L. NJ MORRILL, reply to Gov. Garcelon:
Augusta, Dec. 27.-To His Excellency,
Alonzo Garcelon, Governor of Maine-1 &C.
knowledge the receipt Of your excellency's
letter of the 25th instant. Your excellency
will of course perceive that ii 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 excitement exists and also that
it is highly desirable to allay it by means and
measures which are alike honorable to all
parties. It is my purpose to. confine the dis
cussion t. those points which are essential
and which may reach an agreement.
We may therefore wisely avoid
those which are non-essential and on
which we might differ. 10 come directly to
that part of your excellency's communica-
ton which relates to the points to be sub
mitted to the judgment of the court, have
to suggest the questions on the enclosed
memorandum. Your excellency will observe
that these questions, though numerous,
simply requiring but brief answers and not
calling for elaborate opinions. AS your OK.
cellency acquiesoes in the propriety of set
thing all disputed points in this order by
just and constitutional manner, I beg to
suggest in answer to objections which have
seen elsewhere urged, that there is abundant
time for the courts to consider the subject.
The court can readily convene at the capitol
Wednesday next, or by Tuesday if necessary,
and the questions can be plac ed before them
on either day. AS it has not been the habit of
the court to have arguments of questions
submittd by the governor there would be
little doubt that by Friday ~ anuary "a, your
excellenoy would receive the answer of tho
court to all the questions. Even should the
court require day more than I have sup
posed necessary, there would still be four
full days left before the assembling of the
legislature. When your excellency asks me
to indicate points that have already been ad.
justed, reply that such an attempt would
be valueless and indeed foreign to the whole
scope and purpose of this peaceful mode of
adjustment. Your excel!ency must be aware
that there is oftentimes as
much dispute among lawyers
as to what has been adjudicated By tho 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 adjudi.
Gated, and with the strong tendency of the
judicial mind to adhere to ones own maxims,
standing by that which has been decided,
there is no danger that your excellency's de-
cision will not have the full advantage of any
opinions heretofore pronounced by that emf
nent judicial tribunal.
I cannot close without urging upon your
excellency the propriety Of going forward in
the course which, in your communication,
sue. 1t has never in the history of our State
happened to any one of it's chief magistrates
to have it in it's power to do so much for the
peace and good order Of society, as your ex-
cellency enjoys to-day. The submission of
the questions to the court will instantly al
lay strife, preserve order and restore har-
mony. Can your excellency give the people
any assurance of what may happen, should
this constitutional mode of adjustment
be rejected and an attempt made to organize
the legislature by force, the basis of
membership which 50 large proportion of
the people of Maine believe contrary to the
actual result of the election. I will not per-
NIT myself to doubt, with the two courses
before your excellency, one of absolute and
honorable peace, the other of possible vio-
lence, your excellency will promptly choose
and steadily adhere to the former, and in
that belief beg to subscribe myself,
Very respectfully yours,
LOTT M. MORRILL,.
MEMORANDUM.
First-Is it the duty of the governor
ana council in canvassing returns for sena-
tors and representatives to the Legislature
to allow corrections therein by the record
under the constitution and laws of the State,
and to what cases can the corrections ex-
tend. It not their duty, have they the
right power to allow such corrections
at their option?
Seconds a return signed by less than
majority of aldermen of city SO defec-
tive that it cannot be counted rs it should:
II 80 defective, can duly attested copy
of the record be submit ted for it and be