The Republican journal. [volume] (Belfast, Me.) 1829-current, 1908-10-15
BOOK MAILED FREE.

dination in this matter. / appeal to you,
and the LAWYERS among you, whether any
case was ever known Of Judge being
under the necessity of sending formal
capias to taller to deliver up prisoners
under his charge for trial? And yet, TINS
iailer yielded to this precept, and IN yield
ing to it, acknowledged the msubordlna-
ton of which he had been guilty. Where
then, is the proof of INSTRUMENTATION! ana
upon whom is it fixed? Must you not re-
turn verdict that the INSTRUMENTATION
is not on the side of Judge DAVIS, out on
the side of the power set up against MN
Mr.. Smith produced, also, long Ist OF
attorneys, including Judge Howard, Mr.
Shepley Mr.. Dana. and other Democrat
ic, as well as Republican lawyers. who
were giving their precepts for service to
Mr.. Baker, and other old sherltfs In va
rious counties, showing that they concur
red with Judge Davis in his opinion, or
had doubts, until the question was set
tied, who was correct.
Of the position taken by Governor
Wells, Mr.. Smith spoke in most positive
terms. eff either of these parties had
it in his power, peaceably and within
few days, to settle this whole matter, let
no man hesitate to say, it is the duty OF
that party to exercise that power. Could
Judge Davis do it? No. How was it
with Governor Wells? The Constitution
says: That Governor Wells, at that mo
ment, had the right, and having the
right, submit to you was it not his du-
ty to present that question to the Su.
preme Court and have it settled at once!
Power conferred confers an obligation
to exert it, whenever it's exercise can be
made useful Governor Wells could have
relieved the State from this exhibition.
He could have relieved the minds OF law
yers. He could have prevented the thou,
sands Of lawsuits which will grow out OF
, this disputed power. l ask you, why 1T is
that our Governor neglected to ask the
opinion of the whole court, and put this
matter at rest. This question must be
answered. For if it is possible that the
wisdom Of the legislature shall allow this
will be agitated and aroused from one
end to the other with this very question?
Why did not Governor Wells put this
question to rest, by asking the opinion OF
its Supreme Judicial Court, and thus put
an end to this turbulent spirit? Confu-
, sion? Violence? Dangerous example?
! and confounding the powers OF the gov
eminent? Why did he not do it? do
not know why, and I will not pretend to
say why he did not do it, outside of what
the reason and the facts of the case indi-
cate to all minds" Gentlemen, we
must concede to each other no exemption
from any of the passions of human ma
ture, and if the thing be not disposed OF
can you doubt that it will be carried into
I your approaching political campaign
/ that the Judiciary will become the mere
F! football Of politics and that you will
have change of your Judiciary on every
recurring election, or, for the most trlv-
ial causes, reenactment Of the scene
which has been enacted here in refer
ence to Judge Davis? Other States are
looking to see how this proceeding shall
! terminate. For no such case has trans
pired since the foundation of our govern
ment. Corrupt judges there have been!
Oppressive judges have been, and each
in turn has been removed from office.
And when we shall find such an one
among US it will be your duty to see that
= he is displaced from power, in the we'll
+ known forms of constitutional law.
leave Judge Davis in your hands, and
in so leaving him, | most firmly believe
! that leave not only his reputation, but
| the reputation of our State Legislature,
the reputation of the State Government
and the reputation of the people of the
State, in safety, and beyond the prob
ability of danger
concluded next week.