The Republican journal. [volume] (Belfast, Me.) 1829-current, 1908-10-08

he now mutual enemy. Both old parties
were indignant at those who mad deserted
| their ranks for new party and also were
fearful of the effects of a dominance by
a party advocating such radical changes
in National. State and local policies. An
arrangement was made to present reg
ular party front through candidates for
| Governor. but to unite on county and
legislative candidates, giving to each
party as nearly proportionate representa-
| ton on the tickets as was possible. To
| combat Governor Morrill,, the Democratst
| nominated Samuel Wells OF Portland, a
prominent lawyer of recognized ability
and high social standing, while the Wings
| placed at the head of their ticket Isaac
Reed of Waldoboro, who had been a
| member of each house OF the State legis-
| lature and for one term member OF Con-
gress. Mr.. Reed was an extremely able
| man, of lofty character, extensive bust
| ness pursuits, and most remarkable local
popularity and influence, which was de-
nonstrated at the election that followed,
when notwithstanding the practlcal finish
of the Wing party, Mr.. Reed received
| over one hundred more votes IN the old
Wing town Of his residence than the
party had ever polled previously for any
candidate, viz: 644 to 10 for Wells and
106 for Morrill, The great power of Mr..
Reed among his neighbors was more pos
itivelv demonstrated the following year,
when substantially the entire Wing party
in the town went with him to the Demo
cratic ranks, and until the death OF Mr..
Reed the town continued at all elections,
when full poll was made, to record from
$50 to 500 majority for Democracy, the
high water mark being made in Novem-
Der, 1864 when for President Mr.. Lincoln
had 21O to 1873 for Mr. Mcclellan.
The campaign was ernest and most de-
termined and resulted in a total vote far
in excess by many thousands OF any pre-
vious poll OF the State, and the success
of the new combination. No choice for
governor having been made, Mr.. Wells
was elected by the Legislature, and Mr.
Reed was selected for State Treasurer.
At that election a constitutional
amendment was also voted upon, and
carried, to thereafter elect County Sher-
ifs and Registers of Probate, who had
previously been appointed BY the COVER
nor. and it was the issues arising out OF
the new conditions that made Judge
Davis star actor in the exciting polltl-
cal tragedy that followed
Upon the inauguration of Governor
w ellis Tie ldllb
Nv arose over the right Of the sitting Of
ficials to hold over until their successors
were elected under the amended consti-
tuition or the right of the governor to
appoint these successors under the old
law, which had been annulled by popular
VOTE and it was in meeting that ques-
ton, as it was forced upon him lndlvld-
| ually by counsel for the men appointed
bv Governor Wells, that Judge Davis
brought down upon himself the party
| wrath which ended in legislative action
and his deposition from the Bench.
The old officials assumed that the con-
stitutional amendment had removed from
the governor the power of appointment
and that no power could remove them
but vote of the people, which position
was denied by Governor Wells, who ap-
| pointed their successors only to find
! them denied recognition by the incum-
bents in various counties.
A test case was soon presented In Cum
berland county, where Judge DAVIS was
+ holding court. Seward M. Baker was in
occupation of the Office of sheriff and
| performed the court duties as usual the
first week of the January term, 1856.
| At the end of the week, Daniel c. Emery,
who had been appointed by Governor
Wells, with his attorney, called upon
Judge Davis and demanded the right to
perform the duties of sheriff. Judge
| Davis expressed the wish that the case
should be presented to the full bench.
and his reluctance to pass upon it nlcl
prius, but Mr.. Emery and his counsel in
sisted upon a decision from Judge Davis,
to whom the question was presented
Monday, January q, 1856. The claim of
Mr.. Emery was argued by eXJudge
| Joseph Howard and Nathan Clifford,
! later a Justice Of the U. S. Supreme
! Court. At the close of their arguments,
Judge Davis alluded to the newness of
his own position on the bench, and the
| longer professional experience OF several
members Of the bar then present, lnvlt-
ing suggestions from any member who
cared to discuss the situation. His in
vitation was accepted by Hon. Samuel
: Fessenden. father of Hon. VIM. Pitt
| Tessenden,l who controverted the posi-
! ton of the counsel Of Mr.. Emery, and
contended that the governor had no
! power under the amended constitution to
| make the removal and appointment IN
| question. The amendment made sherltfs
elective and expressly took away the pow
er of appointment from the Governor, ex-
cept in cases where vacancies occurred.
| 1t was urged In behalf OF Nr. Emery thaI
the amendment, although adopted by the
people ana passed upon by the Governor
and Council had not become part OF
the constitution when the Governor is
sued the commission to Mr.. Emery; and
/ if it had, as the time for an election had
not arrived and no officers had been cleo
ted, the effect of the adoption OF the
amendment was either to create va
cancy at once, or leave the officers under
the power of the executive as before,
until election It was replied that the
amendment was in full operation when
! the Governor issued the new commission,
and that he could rot under that amend
| ment create "a vacancy within the
/ meaning of the amendment, by merely
! issuing new commission, and that the
! adoption of the amendment did not, Of
! itself, create vacancies in the offices it
affected, but left the old commissions
| alive until the new officers should be
elected, anc in terms took from the Gov
ernor the appointing power:
! There was no question of fact IN issue
between the parties, and Judge Davis,
after expressing his regret that the ques-,
ton came before him suddenly at nisl
prius, and not in banc, admitted the ne
cessiry he was under, from the nature OF
the case, to determine which Of the claim
ants he should recognize as sheriff, gave
his decision in favor Of Mr.. Baker, the