Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1882-09-05
MR.. DLAINE.s RFJoINDER TO GOV.
PLAISTED.

--~T@
Grounds. yesterday afternoon, Mr. Blaine
made rejoinder to the argument of Gov.
fiaisted delivered in Portland on Saturday
evening. The following is the principal
part of Mr.. Blaine's reference to the Govern.
or's speech:
l observe by the Portland Argus of to day
mat Gov. Plaisted held special meeting in
that city on Saturday evening to reply to the
charge L had brought against him, that he
was In position of disobedience to the law
fsi authority of the State, in that he refuses
to conform to a decision of the Supreme
Court on an important question regularly and
constitutionally submitted to the Judges. /
have attentively read the Governors answer,
and have only TO quote his own words
10 establish the entire truth Of
every charge and ,very detail of every
charge l brought against him. l quote the
follow ing from the Governors speech as re-
ported in the Argus. He said:
Mr.. Blaine speaks of Mr.. FesseDden, and
the fat that he, when member of the House
Of Representatives which called upon the
court for its opinion, acquiesced. Very well.
he was member of the body calling for the
opinion. l never have asked the opinion of
the Supreme Court or the justices of the
Supreme Court 1t never occurred to me to
do go. Nov, if the House of Representatives
saw mt to acquiesce in that opinion, if it was
satisfied with it and acquiesced, that is all
right. have no doubt, if asked the opinion
Of the Supreme Court on any question of law
and upon solemn occasions, I should ac-
quiesce in it if was satisfied with it, but |
am not likely to ask the opinion of the court
Here the Governor takes the novel and
extraordinary ground that the opinion of the
Court is binding only upon those asking for
1t and only on them provided the opinion
suits them. Instead of an independent
Judiciary giving independent opinions, the
Governors doctrine degrades the Su-
preme Court to the base function of giving
opinions which any Department of the
Government may adopt if it pleases them and
reject at will if they SO choose. The Court
by the construction which the Governor
gives the constitution is a mere subordinate
body which may be obliged TO stand and de-
liver opinions for the amusement Of the diff
,erent departments of the government-leav-
ing those departments free, as the Governor
says, to aequiesce in the opinions if salts
fed with them or TO throw them contemptu-
ously aside if they do not construe the law as
the departing mt calling for the opinion desires
to have the law construed. This would make
the Court not merely the servant but the
servile tool of the Executive Department of
the Government and would utterly overthrow
the adjustment and division of power in a
constitutional government.
l will quote further from the Governor
not merely to show the exact position he
holds, but to show also that | have with ac-
curacy and precision defined that position in
the speeches have made arraigning him for
violation of law. The Governor says:
L.. 4 l,.x. -,..lk
move certain officers without the consent of
the Council, without the advice of the Coun-
ell. They are out of office for l removed
them because believed had the right and
the power to do it."
Yes, but the Supreme Court being asked
for its opinion, unanimously decided that the
Governor had no such power. Here were two
parties to the controversy, the Governor and
the Reporter of Decisions. Col. Spaulding,
the Reporter, believes that we live under a
government Of law, and that the Governor is
bound by law as much as any other officer.
The Supreme Court declares with absolute
unanimity that the Governor has no right to
remove Col. Spaulding except with the con-
sent of the Council, and the Governor says
Il don't care for your Supreme Court !
am to judge the law for myself This doe
trine is simply revolutionary, and I charac
L
repeat, that the Governor who assumes it is
disloyal and rebelious against the constitu-
ton and laws of the State.
This very doctrine, now preached by Gov.
Plasted once reared its head in the Senate
of the United States. and the same pretensiOn
was put forth on behalf of the President that
Gov Plaisttd now claims for himself. 1t
was answ cred once for all by Mr.. Webster, and
he killed it so completely that it has never since
been put forward in the administration of the
National Government. From the mastery
argument of Mr.. Webster on that occasion |
quote some words peculiarly opposite to
the present attitude of Gov. Plaisted. Mr..
Webster said:
1.-THE President is as much bound by the
law as any private citizen.and can no more
contest its rafidity than any private citizen.
He NAV refuse to obey the law, and so may
private citizen: but both do it at their owl
peril. and neither of them can settle the ques-
fioa of ifs raiidity. The President may say
law is unconstitutional, bit he IS not the
iudge. Who is to decide the question:? The
judiciary alone possesses this unquestionable
and hitherto unquestioned right. The Judi-
ciaru as the constitutional tribunal of appeal
for the citizens, against both Congress and
the executive, in regard to the
constitutionality of laws 1t has this
jurisdiction expressly conferred upon IL,
and when it has decided the ques-
tion its judgment must. from the very nature
of all judgments that are final, and from
which there is no appeal, be conclusive.
Hitherto this opinion, and correspondent
practice. have prevailed in America, with all
wise and considerate men. Ii it were other
wise there would be no government OF law
but we should all live under the government
the rule the caprices of individuals If we
depart from the observance of these salutary
principles. the executive power becomes at
once purely despotic; for the President may
either execute or not execute the laws OF the
land. according to his sovereign pleasure
He NAV refuse to put into execution one law,
pronounced valid by all branches OF the gov
eminent, and yet execute another, which may
have been by constitutional authority pro-
uounced void
| could multiply extracts from TINS great
speech of Mr. Webster proving that in Re-
pubIican Government the Judiciary and the
Judiciary alone are empowered to decide the
coustitutionalty of Laws, and that their de-
cision is binding on all departments OF the
government and upon every citizen alike.
Mr.. Fessenden's speech which ! have quoted
so often, takes the same wise position.
The Governor grounds his right to remove
Col. Spaulding OH the fact that the law Great
- A.. of;.a of Reporfpr declares that he