Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1881-03-18
CONTINUED from first page.)

lCOntlnue0 from ufsI page
usurped powers until hurled from its seat by
revolution. Such, sir. was the claim OF GER
tain incendiary newspapers, after the opIn-
ions of the court rendered during the extra
ordinary cricis of last winter. But it did not
meet with the approval Of any party and as
a rule, fusion senators and representatives
bowed their heads to the decision of frib1-
nal, which all the teachings of their lives
led them to respect and obey. An appeal to
force! What would be the consequence. Ii
would cause civil war. 1t would array father
against son, brother against brother. neigh
Dor against neighbor. 1t means the destruc.
ton of business. the disruption OF social
ties, and the license Of anarchy. And have
the people no remedy against the fraudulent
nsurpations of their rulers, except this! The
answer is plain. The government Is so d.
vided. that the legislative branch shall make
the laws the judicial department declare what
the laws are, and the execu i've carry the
laws so expounded, into effect. But it can
ecutiye can disregard the law
or be law unto itself The propriety Of
the provision Of the constitution which re-
auires the judges to give their opinions upon
important questions Of law and upon solemn
occasions" does not meet the approval Of the
present governor and he declares it TO be las
wrong in principle as it is dangerous in prac-
tice." II NAV be that he is wiser than the
trainers Of that instrument, but in my opinion
where the Supreme Court announces what
the law Is In accordance with that provision.
the people OF this State. following the teach
ings Of the past. will respect and obey the
opinion Vi the Court, whatever may be the
example Of any executive officer in trampiing
IL under hi. feet. Nor will they be obliged
10 resort To force TO carry il into effect. The
majesty of the Law. the respect of all classes
for the Supreme Court of the State, the de-
termination upon all hands 10 preserve the
ariet and tranquility of the people, would
secure a peaceful and easy victory. There
must be some tribunal 10 declare what the
law is The written constitution and the
teachings Of unwritten law existing long be-
fore the constitution have fixed IN the mind
If the people that the Judiciary is the proper
tribunal for this purpose. From ITS early
constitution our Supreme Court has been
singularly fortunate in the eminent men who
have sat upon its beuch-its Mellens. its
Shepleys. its Wbitmores, its Tenneys.-but
in nv judgment at no time has it been more
favored in learning and integrity, than it is
to-day. And in the hour of doubt aud divi-
sion as to what the law may be in
questions nearly touching the highest inter-
est of the State men will turn to
it in the future as they have in the past. with
faith and confidence in the purity and cor
rectness of its decision: and when it Is re-
ceived. the people will see to it that their SER
wants from the highest 10 the lowest accept
and enforce L.. Nor is the minority report
correct in denying to the Supreme Cour: Of
the United States substantially the possess
sion of this power. The power and duty
of the Supreme Court to define the true in
terest and meaning of the Constitution, and
the powers therein contained. have been as
serted in repeated decisions from the time of
Chief Justice Marshall to the present.
II there is anything to fear from either
branch of the government, | submit that il is
from the executive. In every struggle of OPP
pressed people to regain their rights, it is the
executive who has barred the way. IL is the
selfish partizanship, the fraud. the cunning
which NAV exhibit itself in that department,
that we have most to dread. Hence it is cir
ded about with constitutional restrictions.
Like any other public officer, the chief ex-
ecntivc is amendable to law, and within the
reach of the tribunals of justice. Mr.. Web
ster well said, Through all this history OF
the contest for liberty. executive power has
So far from being the object of en-
lightened popular trust. SO far from
being considered the natural protector OF
popular right, it has been dreaded
uniformly, always dreaded rs the great source
of its danger" l,nd. sir. from the danger OF
fraud and usurpation. the people have one
refuge outside of violence, and that is the
Supreme Court Within the sacred walls of
the temple Of Justice, fraud and violence will
find no favor. Without fear of this august
tribunal will continue to uphold and protect
the great principles underlying free repre-
sentative government, and when it once de-
clares what the rights of the people are, it
NAV safely leave the result with the people
themselves.
Although fear that have already wearied
the patience of the House. | still desire to
consider one other topic connected with this
remarkable document. and then will close.
I refer to that part of it. which. fear. tends
To array the people against each other, the
rich against the poor. and the poor against
the rich; the laborer against the capitalist.
and the capitalist against the laborer: and
which in nv judgment tends to ,lisorganize
and undermine society itself. Of this class
are many of the general reflections" con-
tanned in the message, but especially those
relating to capitalists. corporate power. and
freehold estates After indulgiug in Lam
guage about ''gildcd paupers." wander
blts," elders, misers and towards which
we might perhaps look upon with charity
when uttered upon the stump. the message
proceces to say IF this bondholding policy
shall continue. judging by the rapid accumu-
lstion of property in the hands OF the few,
during the last fifteen wears, how long will it
he before we shall see. in this country. the
same condition of things as in England
where one hundred and sixty persons own
one-half of all the soil of England. and two
thirds of Scotland; or. as in ireland. where
only one person in ten hundred and fifty-eight.
owns one foot of mother earth? Order reigns
at Dublin to-day; SO il did at Warsaw"
and fourther on the message declares
that "if one millionaire had come over
in the Mavtiower. he would have blasted the
prospects of continent, for ours would hav e
been government not TO protect labor, but
capital"
But need not quote further. No candid
man can read the report without finding all
through its pages expressions calculated TO
excite the prejudices and alarm of the differ
ent classes of society. The fallacy of these
propositions must be apparent to every re-
fecting mind. England. exclusive of her
colonial possessions. is limited in territory
She has for centuries had landed nobility
and under the operation Of the laws of feudal
tenure. and OF prmogeniture. by which land
ed estates AMI the family title have descend
ed to the eldest son. the vast estates which
have accumulated in the possession of the