, 1880-01-26

1t is rather difficult to many persons
to comprehend the pretence under which
such a multiplicity of Governments and
Governors have claimed to exercise au-
thority during the contest in Maine. We
will try to explain the matter briefly
The term for which Governor Garcelon
was elected expired on the first Wednes-
day in January. No successor having at
that time been elected according to the
constitutional requirement of majority
of all the votes cast for that Office, before
retiring Governor Garcelon and Council
committed the custody of the public
property and the maintenance of the
public peace to General Chamberlain, ap-
pointing him Major General of the State
militia for that purpose. Under that
authority General Chamberlain assumed
supreme command of both the civil and
military departments of the Government.
The Legislature which organized under
the authority of certificates OF election
issued by the regular State board of can>
vassers, elected Lamson President of the
Senate and &c o1fcio Governor as pre-
scribed by the constitution in case of
vacancy. General Chamberlain refus>
ed to recognize Lamson's authority as
acting Governor and continued to hold
the public property with which he had
been temporarily entrusted and exercise
the official functions which he had as
sumed, Independently of the regularly
constituted State authorities; purely
revolutionary government. The duly
certified Legislature then elected Smith
Governor, strictly in conformity with
the requirements of the constitution
Again Chamberlain refuaed to surrender
or recognize the civil authority of the
State. The constitution of the State
provides that the Legisls ture may, in
matters of dispute, demand and receive
the Interpretation Of the Supreme Court,
whose decision shall be rule of action
to the said Legislature. The certified
Legislature has not asked for the opin-
ion of the Court as to its right to pass
upon the qualifications of its own mems
bers, for that right was never before dis
puted. The right OF Legislature to Or
ganize and transact business by quo
rum of members holding certificates OF
election from the authorities authorized
by law to issue such certificates. was
never before contested. The Court,
however, volunteered an opinion. upon
an er parte statement of facts, that the
returning board erred in their rulings
by which several seats in the Legisla-
,ure were awarded to persons not enti-
tied to them. These were proper mat
tiers for the Legislature to consider after
organization-not before. Upon this
extra-judicial opinion of the Court,
another Legislature was organized com>
posed of minority of the certified men,
bers, who admitted sufficient number
of claimants without certificates to make
up a quorum, and proceeded to elect
and install Davis Governor; whereupon
General Chamberlain turned over to this
self>constituted Legislature and their
chosen Governor the public property Of
the State and the powers which he had
exercised by usurpatlon. By the grace
of General Chamberlain, Davis and bis
Legislature are in possession of the cap
itol, under the protection OF an armed
body, while the duly qualified Legislature
and State officers are excluded at the
point of the bayonet. and are holding
ther sessions in rented rooms. That is
the way in which the matter now stands,
and that is how Maine has had five act>
ing Goveruors-Garcelon, Chamberlain.
Lamson. Smith and Davis--w within the
last three weeks. We have no doubt
that the Davis administration, backed by
the military and judicial power of -the
State, will hold the ground.