Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1882-08-28
(continued nom Arss p.ee.)

(Continued from first paee.)
the Council adjourned without dav. aai
LEFT the chamber. President Robbie at once
took the chair; the Council on that AMI the
day following completed its business AMI al
journed TO . day when 5000 Of the State
debt would mature and the treasurer you'd
need an Executive warrant to meet il. Meet
| ing on that day, the Council voted the
rant for the $50 600. and one of 5000 for the
State Reform School, upon application Of It's
Treasurer. The Governor was not present
at that meeting. The Council perform ii is
whole duty, going as far as it could have gone
had the Governor been present, and no fc.-
ther. Their action in all such matters ends in a
report from committee accepted by the Conn
ell. and il without effect until approved by
the Governor To avoid any further collision
the Council then adjourned to the day when
the law required a meeting Of the Governor
and Council 10 count the Congressional vote,
subject OF course TO the undisputed authority
OF the Governor to call them together wher-
| ever the public convenience might require
These two reports were subss qnently sab
mitted 10 the Governor by the Secretary Of
State, in the usual manner. His signature
was only needed to the warrants 10 draw the
| money. He has never signed them The
reports have never been returned by him. az
disapproved. either tn the Council or the
Secretary Of State. although called for bv
| him. or placed on the files of the depart
ment. Until so returned no new warrants
could be voted by the Council Without author
| izing the drawing of two warrants for the
same purpose. The pay roll Of the Council
for that session has never received his ap
proval. And so by his refusal TO abide the
decision Of the Court on both points, s53 100
| kow LAM hack in the tho State
Treasurer is unprotected as to the $50, 900,
whether advanced himself or appropriated
without Executive warrant. to save the credit
| Of the State, the Reform School deprived of
$4,000 of its appropriation for 1881, Colonel
| Spaulding, the court reporter, deprived Of
seven quarters Of salary, the State prison in-
spectors stand unpaid for all their fifteen
| months service, warrants for each and all. "a
voted by the Council, together with the pay
roll lying upon his table unsigned to day
1t is submitted that here again the issue in
this unnecessary quarrel is between him
and the law, and not with the Elective
Council. In the foregoing statements the
Council has confined itself To the charges pre-
preferred in his Excellencv's letter Of accept
ance.
In COSCLUsIoS.
| With no aggressive act or intentional dis
courtesy on the part of the Council. or any
Of its members, in all their official intercourse
with the Governor, the Council has sought
peace and harmony, and not contention In
minor matters, not affecting public interest,
such as the employment of messenger. they
have made unusual, ifrot unwarrantable con-
cessions, to avoid the public scandal of So
petty collision dstasteful to every Council
| Tor at the board.
This entire controversy, so discredltabIe to
the fair fame of our State. has been persis
tently, continuously and untiringly forced
upon them BY the Governor, with a purpose
which must be apparent to ever intelligent
person.
From the time of the first establishment of
popular government on the shores of New
England, based upon the Pilgrim compact
that the will of the majority should be the
law for all, Council has been one distlnc-
tive feature Of every succeeding form Of gov
eminent, whether colonial, provincial, or
State. maintained by the people upon Massa-
chusetts soil. 1t has ever represented them
in the executive department of government,
and has been their protection against the
encroachments of one man power. From
| the landing Of the Pilgrims to the Declare.
| ton of Independence our fathers tenaciously
held to it as defence against any aggressions
of the crown. 1t had its voice in the ap-
pointment and removal of civil officers. The
first blow ever struck as it was, when imme
dately after the news reached England of
the tea in Boston harbor, Lord North rose in
his place in the British Parliament and offer
ing bill said 81 propose in this bill to take
the executive power from the hands of the
democratic part of the government of Mass
achusetts Bay."
That bill among other things provided that
the Governor should have the power of ap-
pontment and removal of civil officers with
out the concurrence of the Council. 1t was
| thought to be the hardest blow that the
| British government could strike at the power
of the people of the Colonies. In the
| Revolutionary struggle that followed the peO-
pie won, and upon the formation of the
Massachusetts, State constitution, the Ex-
ecutive Council was restored to its place an
power in the government, which it yet
| holds. When our fathers framed the
constitution of our own State, they were
careful to preserve the same check upon
the possible usurpations of any ambitious
Governor. If the people desire to change
| their government, in this essential feature.
| they know how to do it. This council has sim
ply felt it to be its duty to preserve its proper
| position in the government of the State. as
| the fathers fixed it, until that change shall be
| made by constitutional amendment. and not
| by the unwarranted assumption of power by
any chief Executive.
| Conceding to him every right, referring
disputed questions of authority to our highest
| legal tribunal, the Council see but one issue,
and that is simply whether the governor and
| the governed shall alike bow in respectful
submission to the supreme majesty of the
law.
FREDERICK Robe,
LEWIS BARKER,
J. r. HINCKLEY,