Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1880-04-01
No. IA.
concluded from the FIRST page.

people. expressed their determination to see
that every legal and peaceful method known
in our government. should be resorted to IN
order to prevent the violation OF popular
ri.hts. Governor Garcelon instead OF re
speeding this firm attitude took such course
as to all the more arouse and iniiame public
discomfort. be brought arms 70 the eInlto.
from distant cat, where tacy had been kept
safely for wears; he filled the State capitol
with force of irresponsible men whom he
put under irresponsible leaders. and he so
exercised his authority that these men were
allowed To arm themselves IN readiness for
an assault upon the citizens Of the State who
are wont TO assemble in Its capitol when the
time for the annual meeting of the legisla-
ture is at hand. He claims that all this was
done under the apprehension that his posses
sion of hl> Office and his custody of the
property and archives of the State was
threatened.
Your committee fail to see that any such
danger was imminent, or that there was
anv warrant or justification for such dis
play of force as Governor Garcelon resorted
to, or for the large expenditure of the public
moneys that resulted from his rash and IL
timed act. In accord with this spirit of per
,ersity was the refusal to accept the tr>t
opinion of the Justices of the Supreme Court
as a settlement of the grave questions which
had arisen. SO far We can Judge from
Governor Garcclon's testimony he looked
upon the opinion" of the Justices being
of no moment whatever except in any such
part of il as might agree with his own pre-
conceived notion.
Certainly he so acted and he thereby ran
the awful risk of turning the States over to
the formless rule of anarchy.
II is due not TO him in the least. but to
the forbearance and self-constraint of the
people of the State. that the peaceful process
ses of law were waited for. and that these
processes were permitted TO work out the
peoples relief
To what extent Gov. Garcelon participant
ed in or sympatlnzed with the wanton trans
gression Of law which the treatment of the
election returns shows in dozens of cases.
il is not easy for US to decide. His oppor-
tunites were constant and he fail. to show
a single case where he successfully inter
posed to prevent the wrong.
Taking his own story as found in the
testimony. be accepted the results of the
work of his council. without scrutiny. al
though the most cursory examination of
that work would have brought him face to
face with the frauds which had been com
mtted.
As the responsibility rested finally with
him, and all the certificates of election
were issued BY his direction. he cannot cs-
cape large share Of the burden which
rests and must for wears rest upon all the
men who were engaged in the attempt to
overturn the result Of a popular election
and 10 seize upon the Government Of the
State.
But Governor Garcelon has in all places.
both public and private. where he has been
founu since the election. assevera,ed not
only his own innocence. but the legality and
fairness of the work Of his council. He has
made that work subject Of boastful com
ment up TO time within the last month
Blu; he plainly left your committee in anoth-
er mood. When he vas confronted with
the returns, and the tabulations and the
final lists and when the suppression> and
erasures and forgeries were brought TO MS
notice. and when he was shown case after
case where the rules of law. which he had
,aunungly asserted to have been his guide.
had been applied IN one way when they
would count in member of his own party.
and in the opposite way when they would
count out republican. he made no further
defence or excuse for. or denial of, the
wrong done. but leaving it with the Council.
which had turned the final lists over to
him, he passionately asserted his own limo
oenoe, and declared that a Judas" among
the number had done the villainy.
CONCLUSIONS
Your committee present 10 the legislature
all the testimony which has been taken up
10 the presen; time. and ask that it NAV be
printed, well as this report
This testimony, in the judgment Of YOUR
committee, Justlfes the following conclus-
ions
The returns from the cities. towns and
plantations IN the State were, contrary 10
usage, kept by the governor and council
from all inspections scrutiny by candi-
daies,theIr counsel or any parties legitimate
~ interested in them.
During such time as the returns were SO
kept many alterations, erasures and forger-
les were made upon them for the purpose
Of changing the result; and in all cases
which have been discovered. such improper
treatment Of the return resulted against re
publican candidates, and in favor of the
fusion candidates.
During the SEINE time, from information
which must in nearly all cases. have come
from the officials who were examining and
tabuiatlng the returns, or who had the Gus
tody of them, defects in fusion towns were
being cured by substituting new and correct
returns or by afhdayits taken exparte for the
purpose OF curing such defects In addition
TO this, and by reason Of information furnished
IN the manner stated, affidayits were being
taken and cases were gotten UP for the pur-
pose OF throwing out republican towns.
In all cases affected bv such causes the
results invariably counted out republican
candidates and counted in fusion candidates
and this to the extent that the majority in
each House of the legislature was Illegally
changed from the republican side to the
fusion side.
In reaching this result the governor and
council refused to allow republican errors in
the returns 10 be corrected by the records.
although such correction was offered repeat
eddy by republican candidates or their coun
eel.
The different rules Of law laid down bv
the governor and council as their guide in
taoulatlng the returns, and in certifcating
from such tabulations, were applied in diff
ferent ways, or they were enforced where
they would throw OFT a republican candi-
date but not enforced where they would
throw out fusion candidate
Many Of these rules were contrary TO law
and must have been made solely for the pur-
pose OF securing fusion quorum in each
branch of the Legislature
The Illegal and fraudulent acts before re-
ferred to were part of premeditated plan.
and the conspiracy, the object Of which was
TO secure quorum of fusion members in
each branch Of the Legislature. embraced the
members of the executive council. and the
governor Of the State, must have been in
some degree, in completely with them.
Both governor and council must then be
held accountable for the fraudulent practices
under which the election returns were
changed so that the will of the people was
set aside and illegal certificates issued to
senators and representatives in sufficient
numbers to change the political complexion
af both branches ~ The