The Portland daily press., 1882-09-06

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| Mr.. Townsend.
Mr.. Marks introduced the Hon. Josiah III
Drummond as chairman who said he should
depart from his usual custom and should ad.
dress the meeting briefly before introducing
the principal speaker and further he should
speak but briefly upon national issues. He
briefly spoke of the tariff as affecting the in
terests of this State now that it has become so
largely manufacturing State. He declared
that he was in favor OF reducing the taxes on
the necessaries of life and not on liquors and
tobacco. Gov. Plasted has been here and
ventilated his grievances; he is man of
grievances, he always has a grievance and
when he was in the Republican party he had a
grievance and he went out on grievance, and
he has grievance now, and ne would not be
himself without one.
His memory is very short and not accurate
at all. He put words in my mouth / never
uttered. lie said his friend Drummond said
there must be an ex ira session. did not say
exactly that. l said there would be- and had
double object in bringing him out on that
question l had double object in recalling
the question whether the old apportionment
bill continued. / had this object that if he
called an extra session and the State was re-
apportoned it would be all right, but if he
didn't, l desired to put him and all his sup
pOrf6rS on record as ACKNOWLEDGEMENTS bEab Iu6
old law was still in force, SO that next winter
after they were defeated they would not dare,
with all their impudence to repeat the scenes
of 1880. Though did not succeed in getting
an extra session / did succeed in putting him
on record, so that he cannot object that the
Representatives were not legally elected. He
is on record and so is his party. Gov. Plaisted
says the council has encroached upon his pre-
rogative that comes within my line of BUSH
ness as a lawyer. First will refresh your re-
collections in regard to some historical Ii after.
You all know that,as has been stated here, how
great was the anxiety of our forefathers that
there should be no one man power, and they
determined that no one man power should be
settled over this government.
They had had enough of it in what they had
seen in Great Britain enough of it in the
royal government sent over to this country
down in Massachusetts Bay, and its colonies
They had had enough OF royalty, so they de-
termined that there should be no despotic one
man power over them. When they framed the
Constitute s of Massachusetts and Maine,
and adopted the laws under these constitutions
they were careful to hold the governing power
from any one person. They were careful to
provide that no one man should have despotc
power, and therefore it was that they provided
for the office OF Governor and Council ito adj
wise and restraid him in the administra alton of
the executive part of the government. Now,
then, bear that IN mind, for that history has
the main bearing upon their action when they
framed the Constitution. And yet Plaisted
comes here and asserts, in full accordance with
h. character, a one-man power; in relation
to the court determines that they cannot define
the laws; that he is equal with the court.
There was a king of England who lost his
he ad from thinking just as Plaisted thinks
And yet we have governor who asserts he
cannot violate the law because he is governor.
Now, suppose one of the judges of the Su-
preme Court was to undertake to say that
he should be exempt from the laws because he
happened to be a judge
In this country the humblest citizen is equal
ly subject to and protected by the laws. The
trouble between Plaisted and the Council
arose from his trying to remove otficersa be-
cause he was the Executive and could remove
them.
The constitution provides that they shall
hold office unless sooner removed by the
Governor and Council in so many words.
The constitution provides that all civil officers
not otherwise provided for shall hold their
Office for four years subject to removal at any
time during said time. Removed by him, the
Governor, no; the Executive, no; the Council,
mol BY the Governor and Council. The
whole power of removal is vested in the Gov
ernor and Council in SO many words. There
is no doubt about that. l had the curiosity to
90 through the constitution and through the
statutes was wonderfully impressed with the
matter. / counted IS cases in which the power
is vested in the Governor and Council, while
found barely ten where the power is vested
in the Governor. In the constitution the Gov
ernor alone is vested with very lew powers,
the more important powers being vested In Inc
Governor by the consent of the Council. TAX
ing care that there shall be no one man power,
but that the Council shall have a restraining
power upon the Governor. There are but two
cases wherein the Governor has the sole ap-
pointing power The men who framed the
constitution we're also members of the first
legislature under the constitution which
enacted the laws. After that constitution was
adopted the provision of the law relating to
the appointment of reporter was then enacted.
The commission of the first reporter, Simon
Greenleaf, provided that he should hold office
not during the pleasure of the Executive. but
during the pleasure of the Governor and Coun-
Gil.
The men who framed the law framed the
constitution, and gave that construction to
that law, and they may be presumed to know
what it meant. But Plaisted said he knew
better than they did what this law meant,
than they did themselves. They considered it
precisely as the Council have construed 1t.
Afterwards Governors King, Lincoln, Paris
and Kent all gave that construction; but Pals
ted knows better than they. The court have
given that construction, but Plaisted knows
better than the court, and asserts that he, him
self, taking to bimsalf the one-man power
should control the offices, and that the Council
should have no voice in the matter. want to
refer to the matter of Judge Libbey. Perhaps
feel more of an interest in 1t because think
it is of the utmost Importance that we should
have an independent judiciary. And 1t mas
been one of the regrets Of my whole profes-
sional life that the people of this State ever
consented to change the tenure of office OF the
Judges of the Supreme Court from life ten
ure to a term of seven years; because man
who understands when he is appointed to that
office that he should lay aside all ambition for
any other Office, and not fear that he will not
be reappointed when his term of office is about
IL xxytn tra hQff mr.
who fears that he will not be reappointed.
l knew Judge Libbey when we were boys
He was older than |, and he soon entered the
profession of the law, and shave been init
mately acquainted with him ever since. We
were both Democrats; rather more of an an
ti-slaveiy man than he, and when the question
came up about the extension OF slavery he
chose to still continue with the Democratic
party, hoping to hold them in their proper sit
uation and that they would not take extreme
measures. / have known him as an honorable
man; one of the best lawyers in the state; a
man of cool judgment, having control over
his prejudiceS and passions; man eminent
ly qualified to fill the position of judge OF the
Supreme Court After that question IN 1880
was propounded to him and other members OF
the court did not so much fear as some that
he would draw divided opinion, and / was
glad to learn that he had risen above the feel
ings of interest which he could have had for
his party, had risen above everything OF that
klDQ, anu udu given du OplulOu dSdiuoo oho
wishes of his party friends and against his own
interest. He stands higher in my estimation
than ever before.
Mr. Drummond concluded by reminding his
hearers of the importance of the election and
the great effect one vote may have, and ex-
horted them not to scratch the ticket but to
bury personal preferences and vote for the
whole ticket and help to send William z. Frye
back to the senate of the United State and re-
buke Harris NJ. Plaisted for his obstructive
and revolutionary course
MR.. TowNsEND's SPEECH.
Mr.. Drummond spoke about half an hour
and then introduced Hon. Martin /. Townsend
of New York, who said the attitude of Gov.
Plaisted was like the dog who dropped the
meat in the water when he bit at the redec-
ton trying to get the meat; for Plaisted in
stead of allowing appointment to be made,
and so save his little Murch and his little Laid
was too greedy and saw Two others, and mex
Monday he will lose them ALL
Mr.. Townhend claimed that he was &C
ouainted with Gov. Plaisted; sat next to him
for two years in Congress- and also ate at the
same table, and all of that time he never found
anv complaint with the Republican party Or
its principles, and he didn't have any COM
nlaint to make until the party go