The Portland daily press., 1882-08-26

the Congressional vote, subject of course to the
undisputed authority OF the Governor to
call them together whenever the public con-
yenience might require. These two reports
were subsequently submitted to the Governor
bythe Secretary OF State, in the usual manner.
His signature was only needed to the warrants
to draw the money. lie has never signed
them. The reports have never been feturned
by him, as disapproved, either to the Council
or the Secretary of State, although called for
by him, or placed on the files of the dep art
ment. Until so returned no new warrants
could be voted by the Council without author
iZipg the drawing of two warrants Tor the SAM
purpose. The pay roll OF the Council for that
session has never received his approval. And
so by his refusal to abide the decision OF the
court on both points, S53 900 have lapsed back
in the Treasury, the State Treasurer is unpro-
tected as to the $4,000, whether advanced
himself or appropriated Sithout Executive
warrant to save the credit of the State the
Reform School deprived of $4,000 of its appro-
priation for 1881 Col. SpauIding, the court re-
porter, deprived of seven quarters of salary,
the State prison inspectors stand unpaid for all
their fifteen months service, warrants for each
and all, as voted ytLe 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 Executive
Council. In the foregoing statements the
Council has confined itself TO the charges pre-
IN CONCLUSION.
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 the public inter-
est, such as the employment Of messenger,
they have made unusual, IL not unwarrant-
able CONCESSIONS, to avoid the pu ,lic scandal
OF so petty collision distasteful to every Coun-
cilor at the board.
This entire controversy, so discredit-
able 10 the fair fame OF our State, has
been persistently, continuously and untiringly
forced upon them by the Governor, with pur-
pose which must be apparent TO every intelli-
gent 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 a Council has been one distinctive
feature of every succeeding form OF govern
ment, whether Colonial, Provincial, or State,
maintained 0y the people upon Massachusetts,
soil. Ii has ever represented them ia the ex-
ecutive department of government, and has
bsen their protection against the encroach-
ments of q one man power. From the laI ding
of the Pilgrims to the Declaration OF Inde-
defence against any aggressions OF the crown.
Il had its voice in the appointment and remov-
al OF civil officers. The first blow ever struck
at it was, when Immediately after the news
reached England Of the destruction OF the tea
in Boston barbor, Lord North rose in his
place in the British Parliament and offering a
bill said 81 propose in this bill to take the ex-
ecutive power from the hands of the Demo
cratic part Of the government OF MaAsachu-
setts Bay"
the Governor should have the power of ap-
pontment and removal of civil officers without
the Concurrence of the Council. 1t was
thought to be- the hardest blow that the British
government could strike at the po~ef of the
people of the Colonies In the Revolutionary
struggle that followed the people won, and
upon the formation Of the Massachusetts State
const tuition, the Executive Council was re-
stored to its place and power in the govern
msnt, which il yet holds. When our fathers
framed the Constitution OF our own State, they
we're careful to preserve the same check upon
the possible usurpations OF any ambitious Gov
ernor. If the people desire to change their
government in this essential feature, they
know how to do it, This Council has simply
fell it to be- its duty to preserve its proper posi-
tion in the government of TIE 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 dis
pated questions of authority to highest le-
gal tribunal, the Council see but one issue, and
| that Is simply whether the governor and the
| governed shall alike bow in respectful submis-
sion to the supreme majesty OF the law.
FREDERIC RoBIE,
LEWIS BARKER,
j. T. HlNCKLEY,
8. n. CAMPBELL,
VIM. WILSON,
ROSCOE l.. BOWERS,
JAMES G. PENDLETON.
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