The New York herald., 1879-12-30

Distracted Maine.
The situation in Maine remains substan-
TALLY unchanged since the dispatches which
we published yesterday The question of
paramount interest for the moment is
whether Governor Garcelon will submit Mr..
Morril's points to the judgment of the
Supreme Judicial Court. While thoughtful
citizens of both parties desire this honor
able and peaceful solution. adverse infu-
ences are brought to bear upon the Cover
nor. It is stated that both branches
of the fusion party are opposed
to the submission, processing to regard it
as republican trick or trap. The Cover
nor will make great mistake if he heeds
their clamor. If in SO grave o crisis he has
not frnness to act on his own Judgment
his character is unequal to his RESPONSE
bilities. The noisy demands of heated par
tisans should be brushed aside by him as
an impertinenoe when tho peace of the
Stdte is staked upon his action. A letter
has been sent to the Governor by Mr.. Frank
Bird, of Boston. arguing that the Supreme
Court hos no jurisdiction. There could not
we'll be more fagrant or officious imperti-
nence than for D citizen of another State to
assume to instruct the Governor of Maine
as to the powers of its highest tribunal
If the Supreme Court has no jurisdiction
it will SO decide and declare, and in that
event the position of the Governor will
suffer no damage from judicial criticism.
But if the Court should decide that.it can
take cognizance of the points, the Cover
nor will be relieved from a heavy and most
unpleasant responsibility. It is relief
which he should covet. No sane human
being can doubt that if the votes
legally deposited In the ballot boxes could
be legally counted tho republicans would
have majority Of the Legislature. The
citizens honestly did their part in de-
posting their legal votes in strictly
legal manner. They ought not to be
defrauded of their choice by the neg
ligence Of the returning officers, unless
the law is SO explicit and absolute
that no way can be found for
making the popular will effective.
When technicalities are made to obstruct
right aud justice Governor Garcelon him
self should rejoice to have way pointed
out to him by which the intentions of the
voters could be respected without any vio-
lation Of law. There is nothing which he
should so much desire as to be relieved
from the odious responsibility of nullifying
the votes which were legally and honestly
put into the ballot boxes. He will make
great blunder if he refuses to submit the
points to the Court.
l We print an interesting conversation with
Ex-Governor Chamberlain, one of the wisest
and most fair minded men in the State. He
Is major general of the Maine militia, but
has never qualified, and thinks he would
not qualify under present circumstances.
small to need q major general. But
if he were an actual officer Of
the militia he would think it his duty to
obey the orders of the Governor. Soldiers
have no discretion as to whether they will
obey the orders of their lawful superb
ors. Ex-Governor Chamberlain does not
doubt that the militia will respond
If Governor Garcelon calls them out,
and his opinion is confirmed by the
fact that four companies have offered
their services. Mr.. Chamberlain, like most
patriotic citizens, thinks that the proper
solution of this difficulty lies in the sub
mission of the contested points to the
Supreme Court He deprecates oil talk Of
force and condemns his own party for its
| imprudences in this respect. But it is
doubtful whether wise counsels will prevail.