Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1882-08-30

executive or Legislature may take fer wha
they are worth. follow them or disregard
them at will as has sometimes happened il
one history"
When did it happen that Governo
of this State called upon the Supreme Cour
for its opinion and then disregarded it? L
happened in the case of Alonzo Gsrcelon
who. admonished by the Supreme Court that
the State Steal was an organized crime,
threw aside the opinion and persisted in III,
crime. But by every other Governor
that called upon the Supreme Cour'
from the organization of the gov.
ernment to this hour, its opinion wa,
taken without any cavil or quibble. what
ever. Let me call your attention, those oi
you who belong to the older class of my su-
dience, and if the younger class have not
heard of it, beg to call their attention, BY
way of instruction, to a very illustrious in
stance of this kind. In the Leg
islature of 1854, VIM. Pitt Fes,
sender (Applause) was representa-
tive in the Legislature from Portland
and Lot NJ. Morrill, was representative
from the city of Augusta. Mr.. Fessenden
was elected rs whig and Mr.. Morrill, as a
democrat. great controversy arose as to
the organization of the Senate, and upon the de
eision of that question, it was thought, de.
pended the political complexion of the State
Mr.. Fessenden was a candidate for senator of
the United States before that Legislature, and
after the Legislature had been kept four
weeks in state of disorganization, he him
self proposed and drafted resolve, with his
clear legal mind, where he himself proposed
to submit the question in dispute between the
two parties to the Supreme Court of the
State. The Supreme Court at that time con-
tained seven Judges, of whom five were DEM
ocrats, Ether Shepley, Samuel Wells, Joseph
Howard, Joshua W. Hathaway and Richard
ID. Rice; two were wings, John ). Tenney
and John Appleton, the present Chief JUS
tice of the State.
Mr.. Fessenden drew the order sub
mitting the question, and when the opinion
came in it was against his views. II you choose
to describe it by political designation, it was
on the democratic and not on the whig side
of the issue. What did Fessenden do? Did
he do as Gov. Plaisted says? "Why this is
a mere opinion, am not bound to obey this
opinion goes against my interest, interferes
with my prospects to be senator of the United
States this opinion is at war with the whig
doctrine; this opinion is one which will not
sustain" Did Mr. Fessendeu say that? have
IN extract from his speech. Mr.. Fessenden
believed then and believed to the day OF his
death that the Supreme Court was wrong
He was not bound to change his individual
opinion. He argued clearly that the Supreme
Court. in his judgment, was wrong.
"The Justices of the Supreme Court" said
Mr.. Fessenden, were by the constitution
made the advisers of the legislature or either
branch of it. and of the Governor and Coun-
Gil - he had concluded that it was best to ask
their opinion upon certain points, as the
House had asked it and the Court had given
their opinion; while we are bound by il
therefore he would say so far AS action was
involved, we have no idea of opposing it be-
cause we are disposed to obey the law, and
to yield to the constitutional expounders of
the law; he would go further and say in the
language of another after hearing the decis-
ion of the Court in a certain case, it is the
law to-day but it was not the law yesterday :;
that it was the law to-day because the Su-
preme Court had pronounced it so. but if
asked whether he retracted his own individu-
al opinion as to the true Interpretation of the
constitution he would reply that as an ndi-
vidual he had perfect right to his opinions,
chat they were not changed, but he would not
treat the Court with disrespect, he would bow
to the Bench and to the men who were on
the Bench; that was his duty as good citi-
zen. (Applause.)
That is William Pitt Fessenden's interpre
tation of the constitution. And think be-
fore the people of Maine, with all due re
spect to Governor Plaisted, that William Pitt
Fessenden. though dead, vet speaketh and
speaks to more people in the State of Maine,
and with greater authority than Gov. Plas-
ted can ever aspire to WELD. (Applause.)
1t may be late and out Of place to eulogize
one who has been eulogiZed often: but it
may be well here, TO remind us for State
pride that next to Mr.. Webster, who ranks in
history as the leading Senator of New Eng
land and of the Union, that next to Mr.
Webser Maine has sent the two greatest Sen
ators that have ever sat for New England in
the Senate of the United States, men of the
old Whig party, George Evans ard William
Pitt Fessenden. (Applause.)
Now the occasion of this is that Gov. Plais-
ted insists that he has right to remove GER
tain officers without asking the Executive
Council, and when called upon by the Coun-
ell the Supreme Court say that he has not
The Supreme Court has given its opinion
and the Governor says he will not obey it,
and therefore it is, | say, he is in rebellion
against the law and constitution of Maine
this hour.
There is no man in the State Of Maine who
S"'i pS Sie'"'Sh w any positiou
to place him above the law, no matter wheth-
er he is Governor, Senator, Representative,
or what not and it becomes those in author
itv far beyond even the private citizen to
show respect for law and obedience to law
Now what is the precise personal issue. J.
W. Spaulding, lawyer OF repute, a soldier
of splendid record. was appointed by Gov.
Davis reporter Of the judicial decisions for
four years. His term has nearly three to run !;
Gov. PlaisteI says he wants him out: he
nominated another man to take his place, but
the Council rejected him, and the Council
had a perfect right to. ''Well," SAYS Gov.
Plaisted, 'If you do not give me my man
will not pay this man, and this man has been
working now ever since Plaisted became
Governor, almost working for the State and
deprived by the Governor of his pay, and
then he says with some elaboration, land that
is my particular personsl excuse for making
this issue publicly with the Governor that
he Is doing precisely with the Council OF
Maine what the late lamented President did
with the Senate Of the United States: that is
as President Garfield had great issue with
the Senate so he has one with the Council.
Now, to begin with, President Garfield
never had an issue with the Senate of the
United States; there never was any difference
between them; each respected the power OF
the other; each kept within its own power.
What the President of the United States OBJ
Jected to was that Senator of the United
States ofrfaido of the Canat. sbc,.i1 L. .