Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-02-05
A PUBLIC SCANDAL.
That Penobscot County Attorney Ag-
gravates his Offence.

reached me here to-day, I find the following
repor, Of remarks made by b. H. Mace
County Attorney, on Tuesdsy at the opening
Of the February criminal term ofshe Supreme
Judicial Court in Bangor, Judge Peters pre-
siding:
/ Nay pi>nse four Honor: IL desire to say . few
/ woyds before the GRIND Jury refirs. nave oeen
/ fcoe.. md wish her, 70 di.ciam H. I did on the
9TH oi JHnuary-ia.s wednesd1y-af the request OF
the Editor Of the Maine standard paper pob'ished
in Augusta write accommodation, irving Iay views
In regard 10 tn. political situation, and In doing 80,
your Honor, intended 10 use respectful language;
know that 1t Is my duty to do 30. and think. II
did NOT there is danger that proper courtesy may not
b. reciprocal between the Processing omeer An0
the Judges upon the bench a. think II should Be.
have been Q member Of this bar about thirty
Years When I came here, about 1851. your Honor,
md the worthy Chief Justice were NJ this bar arguing
cases upon the RICH; hand aud the left and arguing
cases before the Justices At the Law term. think
your Honor win remember me as long ago As that
I appeal from a certain political editor TO this high
tribunal, that have endearored TO treat the C"nr'
With respect. However NAV differ In some IN
stances, have sndeayored to frea; the Court with
respect. and II In writing that recent article have
used language which may be tortured BY uhdsrsror-
| ing or BY ans means into what any person may re.
gard d-r.-peeftni 10 this Ugh tribunal beg your
Honor to attribute IL 10 the poverty Of my language
rather than design 20 treat the supreme Court with
disrespeef-
! Only the Importance Of the principle and
example invoked would warrant the adver-
Using Of such a man as Mace by any con-
tr"versy, but the unfortunate people OF my
county find one of their most responsible
public Offices occupied by him, and the peo-
/ pie Of the State at large are scandalized BY
the continuance in Office of County Attor-
ney who publicly denies the authority Of the
State government and treats with contempt
the solemn Judgments of the Supreme
/ Court.
| The bypocritical remarks of Mace a'
quoted above furnish no proper apology oil
excuse for his reasonable uttsrances ir
print. but really aggravate his offence by hi.
failure to retract or modify his scandalou.
declarations. The attempt to put the issu,
upon the mere ground Of personal relations
or individual courtesy, as between himsel
and members of the Court, is simply ridicu
lous, and the pretence that only question o
taste in the use Of language has arisen, il
equally trihing. The public understand
that the arraignmcnt of Mace is in his owl
writing and over his own signature and tina
the issue is not one Of personal respect o
discourtesv but of revolutionary defiance o
the constitutional authority of the State, an,
public attempt to incite disrcspect for ant
resistance to the DEGREES of our highest judi
cial tribunal.
1t requires no understanding or tortnring Il
enable the law-abiding people Of Maine t.
appreciate the outrage perpctrated by
sworn officer of the State, who. on the 2stl
day Of January. as he admits when he ha,
the three solemn and unanimous delverance
of the Supreme Court before him, deliber
ately prepared for and had published in Pills
bury's lswless sheet the scandalous procla
nation headed: ours the Constitutions
Governor and Legislature" In that publica
ton, over his own signature, b. II. Mac,
made these declarations, whose meaning i
not affected by any mere matter of rhetoric
and which nobody could misunderstood
"If the Judiciary attempts to control thi
matter, it usurps the rights and and duties %
both the other coordinate branches. and on
form of government is changed from Re
public to an oligarchy. This. in my opinion
- the case at present in this State. We ar,
no longer republic but an oligarchv."
1--WE are now deprived by usurpatior
+ ct republican form of government. and tn,
representatives of the people are exclude,
from the very State House BY domestic VIC
lence.'
The constitutional Legislature i
| n hall
longing to the people The duty of tina
Legislature is to memoriaiize Congress
which Is pan pdssu one of the coordinate
branches of the government of the Unite,
States. whose duty il is to vindcate IN,
rightfut Legislature. and to protect the Stat,
from domestic violence"
This should be done at once. or thi
usnrped authority may soon ripen into tn,
! de facfo government of the State
That plain, unequivocal. specific denial O
the rightful authority of the Government O.
the State and denunciation of the Suprem,
Court as having usurped power to overthrow
our republican form of government and Sc
up an ''oligsrchy," is itself the public acuse
OF this man Mace. and those scandalous utter
anees demand. with more power than an,
words We can use, that so manifestlv unfit ,
person be removed from the responsible ofic,
which he has thus brought into disgrace.
This man Mace, attorney Of the State TO
fenobscot county," as he has STYLED himself
Proclaims Smith and his fusionist follow
ers the only constitutional government. ane
uttered his defiance of law deliberately in III,
face Of the final and conclusive Judgment q
the Supreme Court, which thus declared oftb,
questions submitted BY the fusionist pre-
tenders:
we cannot eren admit the impYica,io,
that the statement and questions before n,
are presented by any legally organized BODY. :
I'VE are bound TO declare that these
questions are net presented by legally con
stituied Legislative body
I'VE have only to reaffirm the nr;nc;
pies VIC asserted in our answers of Jan. Is
1850. upon those subjects, in coming to III.
this result that the bodies propoundine the
fereSoing questions are NOT a konHp or1on.
s-ed House of Representatives and Senate
under the Constitution of this State
we. therefore. after due elaboration
and consideration of all matters involved
afrN and declare orr gRigmessse be thai The
Senate whose presiding officer is Hon. Jo.epb
A Locke. and the House Of Representa,;ves
whose presiding officer is Hon. George F
W eeks, constitute the legal ard eoasft,sfio.al
LEGISLATURE of the State :.