The Portland daily press., 1880-01-21

N. Y. Tribune.l
Law and Law Breaking in Maine.
The election of Governor Davis by the
Maine Legislature, and his peaceable inaugu-
ration, will sharply remind the Democrats OF
that State that, in the strictest and most liter
al sense, they are law-breakers. Their def
ance of law has not, up tc this time been ade-
quately appreciated or condemned, even by
the outside public; but the law breakers are
now in a fair way to see it themselves. Party
feeling, or the fear of party bias, has prevented
a full appreciation of the insurrectionary and
revolutionary proceedings taken in Maine.
For the truth is that the Democrats became in
every sense rebels and insurrectionists when
they withstood and defed the first decision OF
the Supreme Court. Not the less were they
guilty of law-breaking when they disowned
the legitimate authority resting with the Gen.
eral commanding the military forces Def
ance of the second decision of the Court, and
refusal to recognize the Governor elect under
its sanction will be law-breaking, also, but OF a
worse type b. inst so much as persistence in
crime is considered TO be more culpable than
single offence. Though these propositions are
likely to be much obscured by partisan claims
they are, nevertheless, strictly true, and it is
essential that their truth should be understood.
Let us comprehend, first Of all, that there
can be no real lapse of civil authority. Some
where civil authority has existed in the State
OF Maine. The people did elect Legislature,
and that Legislature had power to choose
Governor. Meanwhile the President of the
lawful Senate, after it was organized and its
President had qualified, was in reality the act
ing Governor. Where, under the Constitution
and the laws of Maine, was that civil authority
which beyond doubt actually existed, delegated
by the people through their votes? The Su-
preme Court twice expounded the law. That
was its function. 1t was called upon first by a
Governor of undoubted authority, and next, by
a body believing itself to be the legally elected
Legislature of the State. As required by the
laws, when so called upon, it set forth the law
bearing upon the summoning of duly elected
representatives, and also the law bearing upon
the right of legally elected member to claim
his seat in spite of the failure of the proper au-
thorities to provide him with his certificate
Thenceforth it became the duty of every citi-
zen of the State, whether claiming to be its
Governor or a member of its Legislature, or
what not to obey the law thus expounded
From that instant, any deviation from the law
so set forth, any disregard of it, any attempt to
thwart it, was an act of law-breaking, law-de-
flying ard rebellion.
But it is said that this was partisan Court
The statement is untrue, for there is Demo
cratic representation in the Court, while the
whole Bench Democratic and Republican
alike, united in its unanimous decisions. Ihe
implication is equally untrue. There has been
no trace of partisanship in the exposition the
Court thus far. But in another sense any and
every Court is necessarily partisan. Its men,
bers have political opinions; there is possibil-
ity that those political opinions may at any
time bias their Judgment. None the less they
are the constituted authority to expound the
law. and obedience to the law, as expouuded
by them, becomes the duty OF every citizen. II
the Supreme Court of the United States should
to-day render a decision, being required so to
do in conformity with law that Rutherford b.
Hayes is the lawfully elected President OF the
United States, any Democrat might declare
the decision worthless because the Court is
composed mainly of Republicans. Neverthe-
less, if he should defy and dsobey that decision
he ought to be treated as traitor. Precisely
so in Maine. No other power exists to expound
the law, where dispute arises, than the Su-
preme Court of the State. The law so ex-
pounded must be obeyed. If the Court were
Democratic, Republicans would be compelled
to obey its decision; as it is mainly Republican
none the less Democrats are compelled to obey
If they refuse or resist, they are rebels and de-
serve punishment.
The power of Gen. -Charnheglaiya WAS not
the less clear, but the Democrats refused TO ac-
knowledge it, Under the laws of Maine he is
commander of the military forces, md has GER
tain legally defined duties and powers. When
ever there is Governor, the General IS sub
iect to the orders of the Governor. Whenever
there is civil authority he is subject to 1t. His
function is to preserve peace, not to expound
the law; not to make or unmake, but TO pre-
vent violation of law and forcible resistance to
it. There came time, after the term OF Gov
ernor Garcelon expired and before Lamson had
qualified, when there was not even the pre-
tence of an existing civil authority in the
State above General Chamberlain. He had
no lawful superior. None the less he was still
a legally qualified officer OF the State. None
the less lie had legal duties to perform. 1t
would have been treason had he failed to pre-
serve the peace in this emergency. 1t
would have been treason had he permitted any
other than the lawfully constituted authority
to wrest from him the power intrusted 10 ms
hands. Precisely this position he held, and he
did no more. He demanded that the power
which he was to obey should be clearly the
lawfully constituted authority OF the State
Until that question had been decided by the
only proper tribunal, he refused to Withdraw
from the performance of his duties, namely, to
preserve the peace and to sec that violation OF
law by force should not prevail
Finally, the Supreme Court has decided that
the so-called Senate of which Mr.. Lamson is
called Legislature which has pretended to
elect Mr. Smith to the office of Governor is not
a Legislature but ON unlawful gathering OF
usurpers and that the only true legislative
authority of the State of Maine is now lawful
ly vested in the body organized by the men,
bers who were actually elected by the people.
The final result of this decision was expressed
in the first words of fit-the formal address to
"Joseph A. Locke, President OF the Senate,
and George Z. Weeks, Speaker OF the House
of Representatives" By these words, the
bodies which these persons represent were for
mally recognized as the only lawful Senate
and House of Representatives in the State
The decision gives conclusive reason for that
recognition. But debate is ended, for all
citizens who do not mean to be rebels and law
breakerst when the highest judicial authority
in the State officially declares the validity OF
the organization effected by the Republicans,
and when that organization elects, in accord
ance with the forms of law as Governor the
man who received large plurality in the popu-
lar vote last September. 1t remains
for the State Government, now le-
gally organized to put down every form OF
resistance to its lawful authority. And it re-
mains for the Democrats and Greenbackers to
submit or to suffer the penalties of violated
law.
IN. Y. Times.l
Qll,a n,,+IooE in, Maioa