Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1882-09-09
That Convention.
An USwRIrTEN CHAPTER OF THE GARcELoN
CoUNT-OUT.

Rust" the Portland correspondent of the
Boston Traveller, writes as follows concern
ing the interview between Judge Libbey and
Gov. Garcelon at the time of the count out
in 1879:
Some of the fusion papers have been en-
deavoring to place Judge Libbey in a false
position by publishing deliberate false.
hoods, to the effect that at the time OF
the Garcelon count-out he advocated and
endorsed the position taken by Governor
Garcelon and his Council, in an interview with
Governor Garcelon, before the tabulations
were completed. As soon as this charge was
brought to Judge Libbey's attention he came
out in an open letter to Governor Garcelon
DENYING the statements in toto and request
ing that the bond of secrecy be removed, and
that he be permitted to tell just what hap.
pened at that conference; but no such
permission has been given him. If the
truth were known it would appear that
four days after Governor Garceon and
his Council had completed the tabulations
for representatives and senator's, Judge
Libbey had occasion to go up to the State
Library in the State House, and on coming
down the library met Gov. Garcelon who
stopped him. reproached him for not having
been to see him, and asked him to step into
his room, as he wished to consult with him
about the legality of their doings. Judge
Libbey replied that he had purposely kept
away, owing to the peculiar nature of his
position, and because he did not want to give
any opinion. Governor Garcelon claimed
that they had been lifelong friends, and he
wanted to talk with him about those matters.
and that what was said should be in strict
confidence. 1t is said that third man was
present at the interview, and it appears that
s. s. Brown, a member of the Governors
Council and a lawyer, was in the Governors
room. After entering the Governors room
Gov. Garcelon took up the cases of the cities
they had DISTINGUISHED and asked Judge
Libbey's opinion as to the legality of their
action, and he replied that as to those cases
he did not know what the law was; that he
had never had occasion to look it up,
and had refrained from doing so recent
ly, SO as not to be able to give an
opinion if asked for it. as he had just
been asked. Then turning to the thirtyseven
towns, whose votes had been changed and
overturned by the Governor and Council, the
Governor asked about them, and Judge Lib
hey replied that they came under different
principle of law, and he had had occasion
previously to look up the law on those points,
and that the action of the Governor and
trary to Law that there was no authority un-
der the constitution or statutes, nor was there
any precedent on which they could base their
doings. At that point Councillor Brown with
drew, and Gov. Garcelon paced back and
forth in the room and finally stopped by the
window. seemingly utterly cast down. He
stood in deep thought some time, until he
finally expressed great regret for their action
and exclaimed that he was surrounded by
the very devil himself" The truth of that
statement was shown by the sequel. That
the above is a true history of that occurrence
can admit Of no manner of doubt, and when
it is considered how Garcelon actually felt
at the time, and that he finally submitted the
questions to the court, We must do him the
justice to say that he meant well, but being
weak, was overpowered by the unprincipled
men who composed his Council, instigated by
Eben T. Pillsbury. who is now stumping the
State for sPlaisted and Reform"