Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1880-01-16
What Did Governor Graoelon Mean.

What Did Governor Gracelon Mean.
On the oath of December the Hon.
Lot M. Morrill, addressed letter to
Governor Garcelon begging him to re-
quire the opinion of the State Supreme
Court ION each law point involved in
the variation of the count from the
face of the official returns" His
reason for making this request
was explained to be that a very
large proportion of the people of
Maine believed that they had been
grossly wronged by the acts of the can
vassers, and that an authoritative dec
laration by the Court would ''restore
! peace, order, quiet and good feeling"
MIR. Morrill, moreover showed how a
practical effect could be given to the
opinion of the Judges in case it should
be adverse to the action of the Cover
nor and Council. He reminded Gov
ernor Garcelon, first, that there we're
| precedents for recalling q summons
enormously issued; and, second, that
| in the case of the five disfranchised
cities no summons had yet been sent to
anybody. He added: "Even if there
was a question as to the strict legal
| llShb w lCCdll u Vi 6lCCLlOng
it is not doubted that the decision of
the Court would at once cause the
member not entitled to the seat to re-
tire, and the rightful member to be at
once admitted" To this the Governor
replied: Nothing would give me
| greater pleasure than an authoritative
decision upon points involved in the
present condition of affairs, and also
| ;rrbA I1n 20
Please to indicate the points that occur
to you which have not already been ad-
| Indicated upon, and / doubt not that
we may be able to obtain satisfactory
solution of doubtful complications; or,
if not satisfactory, at least such as may
be deemed authoritative" Rightly in
terpreting the Governors reply as an
acqTfiescence in the propriety of SET
tling al disputed points in this orderly,
just and constitutional manner" Mr..
Morrill, indicated fourteen questions to
be submitted to the Court. Governor
Garcelon substituted for them twelve
other questions, framed, as he pre-
sumably supposed, in the Democratic
interest, and then called the Court to-
gether.
What did the Governor meanP Mr..
Governor accepted it. According to
all rules of honor both parties having
agreed to an arbitration, are bound by
the decision. Governor Garcelon in
this case is under q particularly strin-
gent obligation to abide by the result,
because he demanded and obtained the
exclusive privilege of determining what
points should be laid before the arbi-
traitors. The Republicans might have
reason for resisting the Judgment, on
the ground that the matter passed upon
was not that which they offered to sub
NIT; but the Governor has no such ex-
cuse; they are his own questions to
which the court, by unanimous voice,
has made these clear and positive re-
plies; and if DR.. Garcelon is an honest
man, he ought to stand by his implied
pledges. He cannot plead that the
opinions of the Judges apply only to
future controversies and that the past
is irrevocable. The pertinency of an
authoritative decision" of the court
to " the present condition of affairs
1--WE are quoting the Governors own
words) was carefully considered in the
, preliminary correspondence; and the
|, arbitration was proposed and accepted
for the sole purpose, unequivocally
stated by both parties, of settling the
: existing dispute about the proper COM
plexion of the Legislature. Governor
Garcelon perfectly understood what he
was doing, and, if we assume that he is
blessed with ordinary common sense,
we must take it for granted that when
he asked for the opinion of the court he
intended to be ruled by it, He might
, have refused to go before the court;
that would have been much simpler
course than accepting arbitration and
| then repudiating the decision.
Probably he imagined that his twelve
| questions were so artfully devised that
= the answers must be favorable to his
side. He supposed that the technical
strength of his case was much greater
t than it turned out to be. Mr.. Morrills
3 questions, it will be remembered, were
framed with a view of ascertaining
t whether the Governor and Council had
8 authority to permit the correction of
= defective returns so as to give effect to
r the known will of the voters, the corol-
: larry being that it was their moral duty
: to do this if they had the power. Gov
l ernor Garcelon refused to put the in
| quiries in this form. He asked instead
s gal right to throw out defective returns;
? and to this he supposed that the Court
4 must necessarily answer Yes, whatever
9 discretionary authority there might be
8 for another and more equitable course.
/. He overlooked two principles of law,
1 clearly stated by the Court: Q) That
: when public rights are concerned per-
4 missive authority shall be construed as
a mandatory; and (2) that Constitutional
: requirements as to the form and man
: ner of making returns are intended to
D protect the suffrage, and must not be
! so interpreted as to destroy it. In har-
I mony with these principles the Supreme
I Court pronounced an opinion which ut
Y terly overthrow the Governor. When
I that headstrong gentleman read it he
Q was probably more astonished than
: ever before in his life; and we have lit
: tie doubt that the catastrophe left him
i without plan. What he had bound
n himself to do under these circum-
stances by his acceptance of the arbi-
8 tration is plain enough; but the man
4 who was bold enough to defy the public
s opinion of the United States by count
.l ing out legally elected Legislature
!, was not bold enough to do his duty
r when it had been pointed out to him by
q advisers of his own choice. Courage
n sometimes is a capricious quality. DR..
!. Garcelon retires to private life to-day
s with a singular reputation, as the Gov
Il ernor who was not afraid to do wrong,
IS but was afraid to acknowledge that he
!. had made mistake.-M Y. Tribune,
i Jan. z.
:. A BELArED husband. hunting in the
J, dark for a match with which to light
~ the oas and audiblv EXPRESSING his dis