The Portland daily press., 1883-11-19
PORTLAND, Dec. Is, 1879.

PORTLAND, Dec. Is, 1879.
am obliged for your note of the 10th, and fully
concur in what you say as to the duty and danger
of the hour, and also as to the course of soma of
was to be gained, of permanent good, by concedi g
away principle.
1t seems 70 me in this exigency. if were mem,
been a. countsd Should in counecton with oh
ers in the same predicament, unite in request for
a meeting at once, f all the parties who have been
chosen and denied their rightful certificates At
this meeting the whole subject should be discussed
the facts considered, and the proper action decided
upon. That some action is demanded of these indi-
viduals is beyond doubt. They act in behalf of
the people promptly and earnestly. They stand be-
tween the people and fraud, and a conspiracy
against the people, and their duty is one which
they cannot deuy or shirk without betrasing the
whole people OF the State in general, and their i'm
mediate constituents in particular.
AS at present impressed, 1t appears to me that
petition for mandamus should be made by each
Senator and Representative who has been counted
out 10 the Chief Justice, asking that the Governor
and Council should be required TO ansa or why the
petitioner, upon the facts stated (and which would
be the ac lal facts in the case should be enit-
led to his rIificate of election.
The Chief Justice, in a of such moment,
would. doubt not, req nest the presence Of all his
associates at Augusta, at an early daJ, that ne
might have the aid of their learning and wisdom in
forming a correct opinion upon questions of the
very highest importance, not only to the State but
toevery man in it, whoshopes to reside and own
property in 1t.
Now, upon full argument and consideration. tho
of the full bench) would decide in case they should
find mandamus to be an appropriate remedy, that
in every case with possibly one or two exceptions,
the petitioner entitled to certificate of cleo
ton, upon proper construction of the meaning
and intent of the Constitution 1st in itself cor
sidered. and I'd, according to the uniform prece-
de,ts flom The admins irations of VIM. King and
Albion K. Paris both of whom were leading mem
bers of the Constitutional Convei ii n, through all
successive administrat ons Democratir, Wing and
Repu hcan to the present day. The infamous ma
ture of a conspiracy which would override the OBJ
vious intent of the CONSTITUTE m and uniform con-
sruction of sixty years would be SO apps' ent and
SO dangerous 10 the liberties of the PEOPLE, that
every individual coDspirato or would bear through
life a mark of guilt which would never be hidden.
But. if it should be held that mandamus is not a
fit remedy and that in this State of all the States
ard countries of the world in which there is rep
resentative government, returning officers of elec-
tons. carefully r strained from the performance of
judicial functions are above the law and beyond the
law and responsible neither the Courts nor to the
people themselves; that the latter have master
whose sic Uot0 sic ube0 is conclusive-a master too
by usurpAton Of powers never granted why, then,
the people cannot know the fact too soon. They can
not learn too early tina under theis present govern
me they are but aves, whose aecison and whose
will NAV be set ssie at any time by board of men
who are law unto themselves.
Yours, /. WAsHBURN, JR.