Year: 1879




they have accomplished this revolution
and subversion of our Institutions; By
assuming the duties belonging to the
Legislature. Our Constitution tells how
our elections shall be called and held, and
our laws tell how our elections shall be
determined. Every law upon the sub
ject ever passed has thrown a safeguard
around the sanctity of the ballot. The
Constitution provides that the votes given
for Senators and Representatives shall be
returned to the Governor and Council,
and that they shall issue certificates to
such as shall appear to be elected on the
face of the returns, while the Senate and
House shall judge as to the election OF
the members of their respective branches.
The Governor and Council are not to be
the judges, but in spite of this they have
changed a majority into minority and a
minority into majority; they have
usurped the functions and duties of the
Legislature itself They are not the
judges as to whether this mode is formal
or that mode is formal; this action is the
result of a Star chamber proceeding, and
such Star chamber proceeding as brought
the head of Charles | to the block.


Senator Hamlin next went on to cite
the act of the Council in the cases Of
Garland and Exeter, and said that there
was no man engaged in that act who did
not commit moral perjury. 1t might not
be crime that State laws could reach,
but it could not escape Gods laws. He
then took up the cases of Skowhegan and
Pennington. He said it appeared that
the ballot bearing the name of Davis at
the head loud cheers for Gov. Davis,
cast in Skowhegan, was an inch longer
and half an inch narrower than the bal
lots cast for the opposition, and the names
were printed in two columns lengthwisc
of the ballot instead of crosswise, and
for that reason the vote of the town had
been thrown out. He then had read
letter published in Saturday evening 5
Commercial, from Hon. 4. p. Gould, the
legal adviser of the Governor and Coun-
Gil, in which he denied having been con-
suited or having given advice in the Skow
hegan case, and which read as follows:


THOMAsToN, ME., Dec. Is, 1879.
To The Editor of the Commercial:


4 copy of the Commercial was shown
me today containing letter from an Au-
gusta correspondent stating that had
given Il as my opinion that the SkowheSan
vote could be legally thrown out for want
OF some compliance with the law in the
ballot. This statement is wholly incor-
rect. never was consulted about the
Skowhegan return, and | did not know
ANYTHING about it until tonight. Will you
please make this correction In justice 10
me? | was asked while at Augusta the
general question, without reference 10 any
particular town, whether the Governor and
Council could consider violation OF the
statute. in the form or color of the ballot;
and gave n most emphatic negative answer.
But did not know there was any question
about the Skowhegan vote until | saw the
statement ia tue Commercial above referred
TO. have given no opinion concerning
the power of the Governor and Council
over the returns, except such rs would be
approved by all sound lawyers, and as
am ready 10 maintain anywhere; and have
uniformly and repeatedly asserted it rs my
opinion that the Governor and Council hat
no po,cer 10 90 into the proceedings ~ the
ne6ting on election day, except rs 10 The
making and sealing Of he returns IN open
to,7n meeting. Very truly,


u


Then, said Senator Hamlin, resuming,
even their counsel backs out from sup
porting them. He then referred to the
case of Pennington, where the whole vote
of the town was thrown out because the
total number of ballots was apparently
larger by four than the combined votes Of
the candidates voted for footed up, and
the certificate of election was given to
the man who, in plantation classed with
it, received fourteen votes, while his Re
publican opponent received but thirteen,
though having majority of two hun
dred in the actual vote. He next referred
to the case of Cherryfeld, showing that
the throwing out of the returns of that
town was clearly unjust and illegal. Now
let us see what is to be done. If you
allow the Governor and Council to usurp
the power of determining what they have
no right to determine, what IS there IN a
name of republic but a mockery and a
fraud: | believe if our people rise up in
their majesty and demand their rights
that these usurpers will not dare to refuse
them. There is a moral power in the
freemen of Maine before which rascality
will quail. You will assert the rights
that belong to you by swearing that the
government of Maine shall not be sub
verted nor overturned by that body of
men or any other body of men whatever.


THE RESOLUTIONS.


In view of the startling usurpation of
power by the Governor and Council of
this State,


Whereby the Constitution and Laws
have been defed;


Whereby five cities of Maine, embrac-
ing more than one-tenth of the entire
population, and about one-fourth of the
total property valuation of the State,
have been arbitrarily disfranchised;


Whereby the will of the People as ex-
pressed at the polls, is absolutely over
thrown;


Whereby legally elected Senators and
Representatives are deprived of their
rights, and defeated candidates put in
wrongful control of the Peoples Legisla-
ture;


The citizens of Bangor here assembled,