Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1883-11-21
PORTLAND, Dec. IL, 1879.

Nv Dear NJ. BoHfeiie.
am Obliged tor your note Of the 10th. and fully
concur in what you to the duty and danger
Of the hour, and also rs to the course of some of
our republicans. l have never seen that anything
was to be gained. OF permanent good, by cOnceding
away principle.
ts.ems TO me in this exigency, if were q MEN,
Der of either branch OF the legislature who had been
counted ont, should in connection with others in
the predicament, unite In request Tor q meet
ing e. of all the parties who have been chosen
and denied their righful Ger thcates. At this meet
ing the whole subject should be discussed; the facts
considered, and the proper nc ion decided upon
That some action dema nded of these viduals
is beyond doubt They must act In behalf Of the
reople promptly and earnestly They stand between
the people and fraud, and a conspiracy againet the
people and their duty Is one which they cannot deny
or shrk without betraying the whole people of the
state in general, and their immediate constituents
In particular.
As at present interested, it appears to me that q
Del ition for maudamus should be made by each sen
alto, and represent alive who has been counted out
TO the i.t justice, asking that the Governor and
Council should be required to answer why the pc
ttiouer, upon the facts stated tand whicA would be
the actual facts in the cass should not De entitled
TO his certificate Of election.
The ief Justice, in case OF such moment, would,
doubt not, request the presence Of all his asso-
have the aid of their learning and wisdom in forming
correct opinion upon questions OF the very highest
importance, not only to The STATE but to every man
in 1t, who hopes TO reside and own property in IT,
Now upon full argument and consid. ration, the
court (vr the opinion would have the moral weight
OF the iull oench would decide. in case they should
lind mandaInus to be an appropriate remedy, that
in every with possibly one or two exceptions,
the petitioner entitled to certificate OF election
spon proper construction OF the meaning and in.
tent of The Consitution lst in itself considered.
and, I'd, according to the uniform precedenfs from
the administrations of VIM. King and Albion X.
Paris both of whom were Lead. members of the
Constitutional Convention through all successive
administrations, democratic whig and republican to
the present day. The in amous nature of conspiracy
which would override the obvious intent OF the Con
stituton and uniform construction OF siAty years.
would be so apparent ana 40 dangerous 10 tae iloer
ties of the peope, that every individual consprator
would bear throa ghout life mark OF guilt which
would never be- hidden. -
But if 1t should BE- held that mandamus Is not at
remeoy and that in this State, OF AL the states ana
counties of the world in which there Is represen-
tatlye government, returning officers OF elections,
carefully restrained from the performance OF judicial
functions are above law and beyond the law and
responsible neither to the Courts nor W the peop~
themselves that the latter have master, whose SIC
roIo sic juJeo concusive-a master, too by usdrp
n ion of powers never granied-why, then, the PEG
ME csnno, know the TACT too soon. They cannon
L. rn TOO early that under their present government
they are but slayes, whose deci-i and whose viii
NAV be- set aside at any time by board OF men who
are Jaw unto themselves. You're,
/. WASHBURN, JR.