The Portland daily press., 1882-09-05
THE MAINE CAMPAIGN.
a scoRcHER.
Mr.. BIaine's RejOinder to Gov.
Plaisted.
HIS EXPOSITION OF THE COVER
NOR'S FALLACIES AND S0PHISMS.
The Danger to Representative Govern
ment Hidden Under the Claim
Of Executive Irrespon-
sibility.

speech:
L observe by the Portland Argus Of today
that Gov. Plasted had a special meeting in
charge had brought against him, that he was
in position of disobedience to the lawful au-
thority of the State in that he refuses to oon-
form to the decision of the Supreme Court on
an important question. / have attentively
read the Governors answer and have only to
quote his own words to establish the entire
truth of every charge and every detail of every
charge brought against him. quote the
following from the Governors speech as re-
ported in the Argus. He said:
Blaine speaks of Fessenden and the fact that
he, when member of the House OF Represen-
tatives which called upon the Court for its
opinions acquiesced. Very we'll, he was mem
Der Of the body calling for the opinion. L never
have asked che opinion of the Supreme Court
or justices of the Supreme Court. 1t never
occurred to me to do SO. Now If the House OF
Representatives saw fit to acquiesce in that
opinion if it was satisfied with it, and ac.
quisced that is all right. have no doubt If
1 asked the opinion of the Supreme Court on
any question of law and upon solemn occa-
sion / should acquiesce in tiff was satisfied
with it. But l am not likely TO ask the
opinion of the court.
Here the Governor takes the novel and ex
traordinary ground that the opinion of the
court is binding only upon those asking for it,
and only on them provided the opinion suits
them, instead of an Independent judiciary CIV
ing independent opinions
The governors doctrine degrades the SUI
preme court to the base function of giving
opinions which any department of the govern
ment may adopt if it pleases them. and reject
at will of they SO choose The court by the
construction the governor gives the constitu-
tion is mere subordinate body which may be
obliged to stand and deliver opinions for
amusement for different departments OF the
government, leaving these departments free,as
the governor says, to acquiesce in the opinions
if satisfied with them or to throw them con-
temptuously aside if they do not construe the
law as the department calling for the opinion
desires to have the law construed.
This would make the court not merely ser
want but a servile tool of the executive depart
ment of the government, and would utterly
overthrow the adjustment and division of pow
er in constitutional government. / will
quote further from the governor, not merely to
show the exact position he holds but to show
also that 1 have with accuracy and precision
def ned that position in speeches have made
arranging him for violation of the law.
The Governor says, sBlaine says claim the
right to remove certain officers without con-
sent of the Council, without advice of the
Council. They are ont of office, for removed
them because believed I had tbs right and
power to do it"
Yes, but the Supreme Court, being asked for
its opinion, unanimously decided that the Gov
ernor had no such power. Here were two par
ties to the controversy-the Governor and Re-
porter of Decisions. Col. Spaulding, the re-
porter, claims that we live under govern
ment of law and that the Governor is bound
by law as much as any othsr officer. The Sn-
preme Court declares, with absolute unanimi-
ty, that the Governor has no right to reno We
COL Spaulding except with the consent of the
Council, and the Governor says 81 don't
care for your Supreme Court; am to judge
the law for myself"
This doctrine is simply revolutionary, and
characterized 1t properly when / declared, as
I now repeat that the Governor who assumes
it is disloyal and.rebellious against the Consti-
tuition and laws of the State.
This very doctrine now preached by Gov
ernor plaisted once reared its head in
the Senate of the United States and the same
pretension was put forth on behalf of the Pres
ident that Gov Plaisted now claims for him
self. 1t was answered once for all by Mr..
Webster and he killed it SO completely that it
has never since been put forward in the adj
ministration 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. Plais-
ted Mr.. Webster said:
The President is as much bound by law as
any private citizen and can no more contest
its validity than any private citizen. He may
refuse to obey the law, ana so may private
citizen, but both do it at their own peril and
neither of them can settle the question of its
validity. The President may say law is un-
constitutional but he is not the judge who is to
decide the question. The Judiciary alone pos
sesses this unquestionable aud hitherto un-
questioned right. The judiciary is constitu-
tional tribunal of appeal for citizens against
both Congress and the executive in regard to
the constitutionality OF laws. LII has this ju-
risdicton expressly conferred upon it and
when it has decided the question its judgment
must from the very nature OF all Judgments
peal, be conclusive. Hitherto this opinion and
a corresponding practice have prevailed in
America with all wise and consderate
men. If it were otherwise there
would be no government of law
If we depart from the observance of these
salutary principles the executive power be-
comes at once purely despotic, for the Presi-
dent may either execute or not execute the
laws of the land according to his sovereign
pleasure. He may refuse to put into execu
tion one law pronounced valid by all branches
of the government aud yet execute another
which may have been by constitutional
authority pronounced void.
[ could multiply extracts from the great
speech of Mr.. Webster proving that in Re-
judiciary alone are empowered to decide the
constitutionality of laws and that their deci-
sion is binding on all departments OF the
government and upon every citizen alike. Mr.
Fessenden's speech from which | have quoted
SO often takes tie same wise position.
The Governor grounds his right to remove
Col. Spa ulding on the fact that the law creat-
ing the Office of Reporter, declares that ne
shall hold his Office during the pleasure OF the
Executive. Gov. Plaisted says the executive
means only the Governor, but the Supreme
Court unanimously declares UnaU IL uoaho DAAo
Governor and Council and have always held
to include both; and Mr.. Spaulding's commls-
sion says he shall hold the office during the
pleasure of the Governor and Council 1t IS
very noticeable; indeed might describe it as
amazing, to find that in his inaugural address,
in which Gov. Plaisted first assails and insults
the Supreme Court, he, himself, uses the word
Executive" as including both the Governor
and Council Indeed he twice uses "the exec
utive' as meaning, inclusively, the Governor
and Council But that was before the Cover
nor was driven by necessity to the sorry strait
that the Council is no part of the executive
power of the State.
Fellow citizens:-I am not here to quarrel or
argue over the rights of any man to particn-
lar office. 1 have as little personal stake in
mere partisan decision of such q question as
any man in Maine, but the issue presented
here is far deeper and wider one, and that is
- -rrr- 4Na a