The Republican journal., 1908-10-22
Not voting. Isaac Hobart, Edmunds

| Not voting. Isaac Hobart, Edmunds.
YORK County. Yes. Senators, John
M. Goodwin, Biddeford; John Kezar,
Parsonsfield; Alexander Junklns, Elliott.
Representatives John B. sweat, Far
sonsfield; George P. Titcomn, henne-
bunk; Charles Came, York; MARX 81 Den e,
nett. Kittery; Enoch Goodaie, Wells;
John Hanscom, South Berwick; oamuel
IS. Hasty, Limerick; James MASON,
Lyman; Daniel Sharkey, Shapielgh:
No: Representatives, Nathan Neal,
North Berwick; Ansel Merrill, Buxton;
Warren Brown, Kennebunkport; James
Pray, Lebanon: Seth Scammon, Saco.
Not voting. Edward W. WedgeWood,
Cornish.
After the passage of the address nifty
nine members of the House MEG a pro-
test, but April 18th Governor Wells is
sued proclamation declaring Judge
| Davis removed from office and accom-
| panied it with an extended defense OF his
position Of that official document, The
! Monthly Law Reporter, published IN Bos-
| ton and edited by John Lowell, said IN its
June issue 1856: ''As an argument, this
document will not do much harm or make
many converts, and deserves no partlcu-
lar notice; but as proceeding from the
Governor of State, and as possible
indication of political or party acton,
here or elsewhere, and as an act which |
may serve as precedent or pretext Tor
fanatics and tyrants of whatever party !
or faction it is worthy to be seriously |
pondered and closely scanned. Governor |
Wells makes no imputation on the mo-
tives of the judge, no suggestions against
his capacity. The reason is solely this
that the Judge was in direct conflict With
the government. Who is the govern |
ment? This is new and strange language
in a Democratic Republic. 81 am the |
State" is the we'll known boast of an
absolute monarch. | am the govern
ment, is the quiet assumption OF an
elected executive magistrate OF repub-
lie. He set himself against no act OF the
Governor. He simply set the constltu-,
ton against an act of one Governor and
| in favor of the at of another Governor.
The Governor s argument is answer
ed by his admission that on the question
passed upon by Judge Davis, the supreme
court has final and conclusive power and
is supreme over both other departments
. The Governor says that Judge
Davis persisted in his opinion and that
this persistency might lead to disorder
and conflicts Such reasoning is not ut
to be assigned to people who live under
"a government Of laws and not OF men.
If he was right, should he not persist?
. If conflict was apprehended, how
would it arise? 1t could only arise from
the rejected sheriff refusing to obey the
decision of the judge, whom he had com,
PEELED to decision against his expressed
wish. 1t strikes us that 1t would be
as natural remedy to remove the sher-
! if as to remove the Judge. But neither
, course was necessary. The decision OF
the Judge invoked by the sheriff should
| have bound him for, the time being, to
the extent Of that judges jurisdiction.
{ A petition for mandamus or quo war
ranto, would have insured him the opln-
ion of the full bench directly upon the
point, and a habeas corpus, or some other
process, might have given it to him in
directly. A reason personal to the
Judge then cannot be, for Judge Davis is
admitted by all to be an upright, con-
scientious, laborious, judicious magls-
trate; Young in years and new in office,
but commencing himself in a remarkable
degree in his short term to the bar to
litegants and to his associates on the
bench"
After Governor Wells had declared the
will of the legislature and announced the
removal Judge Davis received the follow
ing letter from Mr.. Choate.
Boston, April Is, 1856.
My Dear Sir: | am greatly grleved,
and surprised, too, to see that the
legislature and governor have con-
summated in-so far as they may
this enormous outrage. hope and
trust that the people of Maine have
character enough to discern and to
rectify such scandal, and that the
morality, talent and energy OF which
the State is full will give them
selves no sleep until the stain is eff
faced and you have justice. Per-
sonally you cannot suffer- Person
ally you must gain IN the event.
Prudence will of course direct your
action, and that of your immediate
friends, but prudence is consistent
with and commands the putting in
reauisition every fair means OF cor
recting proceedings so fagitious and
so disgracefuL The Press Of Maine
the scholars professions Go
this work. beg you to present my
regards - not sympathy to Mrs.
Davis, and to say that | would rather
occupy your place today than that OF
any Judge or governor of Maine.
| am most truly, your obi serV't
RUFUS CHOATE
Hon. Woodbury. Davis, Portland. j.
Judge Davis resumed the practice OF
law with more clients than he had
ever known and more substantial fees.
Hannibal Hamlin, in his inaugural ad-
dress as successor to Governor Wells,
said: Gin the opinion of the best legal
minds of the State, the act of removal, OF
Judge Davis was entirely unconstltutlon-
al. Whether so or not, it was confessedly
predicated upon an error of judgment,
honestly exercised in the discharge OF
official duty upon matter of indlsputa-
bic jurisdiction. If for such cause a
judicial officer may be removed IN the
malice or madness of party organization,
where is the independence OF the Judlcl-
ary and what does it become but the
mere instrument of party?',
Restored by Governor Hamlln, Judge
Davis resumed his place on the bench,
where he was reappointed, but resigned
before his second term was completed, in
1865, to resume the practice OF law. In
1866 he was appointed Postmaster OF
Portland, which did not conflict with his
law business, and remained in that office
until his death.
Judge Davis married Hannah Thorn
dixie Of Brooks. daughter Of Timothy