USA > Maine > Maine; a history, Volume II > Part 33
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The Greenbackers and Democrats generally acted together, but the parties had not united, and in the summer of 1879 separate conventions were held for the nomination of candidates for Governor. The Green- back convention met on June 4, at Portland. It had been planned that Solon Chase should proceed from the railway station to the city hall in his war chariot, an ox-team drawn by "them steers," but this part of the program was cancelled on account of rain. There was, however, no lack of excitement. Mr. E. N. Dingley says, in his life of his father, that the convention was "one of the most remarkable revolutionary and tumultuous political assemblies ever held in Maine." The Whig headed its account "Yesterday's Circus in Portland."
The convention was called to order by Charles A. White, the chair- man of the State committee, who was also State Treasurer. His speech was more appropriate to the first position than the second. He made a bitter attack on the Secretary of the Treasury, calling him John Sherman
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the Jew, and declaring that he would never be satisfied till he had reduced the masses to poverty. The resolutions reported by the platform com- mittee were of the usual Greenback type. They attacked the alleged increase of the bonded indebtedness of the country, and made the conven- tion state "that we favor the unlimited coinage of gold and silver, to be supplemented by a full legal tender paper money sufficient to transact the business of the country." Nelson Dingley pointed out in the Lewiston Journal that the convention did not say whether the paper money was to be redeemable in coin, the matter being left uncertain so as to win the Democrats without affronting the Greenbackers. The money planks had not been put at the head of the resolutions, and Solon Chase moved that they be placed there. There appeared to be a suspicion that something wrong was being smuggled into the platform. Mr. Dingley says: "Every- body was mad. For the first time in history, it is said, Solon Chase vio- lated one of the commandments." The Argus in its account of the con- vention said that "once, just as the disorder grew fairly terrific, Chandler's band struck up the 'Angel of Peace,' and a comparative quiet was restored."
For Governor the convention renominated Mr. Smith. Probably a majority of the delegates preferred Solon Chase, but the leaders thought that his nomination would not be wise. They promised to send him to the United States Senate, and Mr. Chase, who had no particular desire for the governorship, resolutely refused to be a candidate for that office.
The Republican convention met at Bangor on June 2. There was con- siderable uncertainty as to who would be the nominee. The candidate who at first commanded the greatest support was W. W. Thomas, of Portland, later Minister to Sweden and Norway for fifteen years, the longest period of service as minister at a single post of any American diplomat. Mr. Thomas was the special candidate of the younger men of the party, and the older leaders were said to feel that he had pushed himself forward instead of waiting, as he should have done, to be advanced at the proper time by his seniors. Mr. Thomas was from Portland, and though this gave him a strong local following, it was perhaps a disadvantage, for the East was restless, somewhat disaffected, and earnestly demanding that its claims be recognized. The Argus stated that the night before the convention, J. H. Manley, a kind of vice-manager of the party under Blaine, Llewellyn Powers, of Houlton, who had been a Representative in Congress and who was a very influential politician, and other leaders, had come out of a committee room declaring that the nomination of an eastern man was neces- sary to revive or rather resurrect the party in that section. On the morn- ing that the convention met, the Whig pointed out that in twenty-five years the Republican nomination for Governor had gone to Kennebec or west of Kennebec, twenty-two years, and respectfully submitted "that good feeling, sound justice and the highest expediency require that the East shall have the candidacy this year if the East shall offer a good man."
'Dingley, "Dingley," 149-150.
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But could the East agree on any man, good or otherwise? At a meet- ing of the delegates from the congressional district made up of Penobscot, Piscataquis and Aroostook counties, it was found impossible to unite upon a candidate. Lyndon Oak, of Garland, was mentioned, but expressed him- self as unwilling to stand. "At this point," said the Whig, "Mr. Ham, of Corinth, a worthy farmer and a delegate, in a very earnest speech presented the name of Mr. Davis. On an informal ballot the votes were found to be divided between Mr. Davis and Hon. Eugene Hale. It was then deter- mined, as only a part of the delegates had been present, to present the name of Mr. Davis to the convention on behalf of his friends." Mr. Hale was also an eastern candidate, coming from the congressional district con- taining Hancock, Waldo and Washington counties. Besides Messrs. Thomas, Davis and Hale, ex-Governors Dingley and A. P. Morrill were brought forward as candidates. The former gentleman refused to allow the use of his name, but Mr. Morrill received considerable support in the convention. The first ballot stood: W. W. Thomas, 303; D. F. Davis, 245; Eugene Hale, 245; Anson P. Morrill, 194; W. W. Virgin, 179; scatter- ing, 18.
The chairman of the convention was F. A. Pike, of Calais, who had supported Greeley in 1872 and had run that year as an independent candi- date for Congress against Eugene Hale. But in 1879 reconciliation was the watchword, and the State committee had chosen Mr. Pike to preside over the convention, Mr. Hale urging his selection on account of his "very emi- nent qualifications." Mr. Rounds, of Calais, in behalf of the Washington county delegation, now presented the name of F. A. Pike as a candidate for Governor.
The second ballot stood : Davis, 430; Thomas, 333; Hale, 219; Virgin, 62; Pike, 39; scattering, 88. The names of Morrill and Virgin were then withdrawn, and on the third ballot Davis was nominated by a vote of 844 to 174 for Thomas and 23 scattering.
The news of the nomination of Davis was received in much the same manner as that of the nomination of Hunton had been exactly fifty years before. The Lewiston Journal said: "The more it is considered, we are satisfied public opinion will concur in the wisdom of the nomination. To be sure, Mr. Davis is a comparatively young man, about thirty-five years of age, and therefore not so well known in the western part of the State as some older man would have been. But the fact that he has not been so prominent in public life as some older men, will be an element of strength rather than weakness, with the popular demand for a new man fresh from the people. The young men of the State will feel honored in the selection of a nominee from their ranks. Neither is Mr. Davis without public experi- ence. He has served several terms in the Legislature with distinguished success, and was regarded as one of the clearest-headed and most eloquent members of both House and Senate. At the bar he has already won a reputation for ability and good judgment, rarely attained by so young a man."
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The Argus quoted most of this rather apologetic endorsement with the comment : "The Journal would have made itself plainer and have said the same thing if it had worded the paragraph like this: 'Mr. Davis is a young man who has never done anything worth speaking of, but thank God he has not got a record'." It also perpetrated the following "Limerick":
"Now here's to Daniel F. Davis, The Hamlin-Blaine rara avis. Only Hamlin and Blaine, In the whole State of Maine, Knew there was a Daniel F. Davis."2
The Democratic convention met at Bangor on July I. Governor Gar- celon was renominated by acclamation. The Whig asserted that it had been intended to nominate Madigan, of Aroostook, or Watts, of Thomaston, but that Garcelon refused to withdraw, and that, fearing a split and a scandal, the leaders decided to give the Governor the usual renomination and to conceal the opposition by avoiding a formal ballot. The platform declared in favor of the free and unlimited coinage of silver and of a currency of gold, silver and paper, to be kept at par with coin at all times. The committee on resolutions had said nothing about prohibition, but one of them offered a resolution prepared by that staunch anti-prohibitionist, James F. Rawson, of Bangor, in favor of a local option license law. This caused much excitement and confusion, but at last a vote on adding Mr. Rawson's plank was taken by a show of hands and the motion was defeated by a great majority.
The campaign was an extremely hot one. There was a general under- standing that Smith was the real anti-Republican candidate, and that the nomination of Garcelon was little more than a form. In many districts the Greenbackers and Democrats coalesced and a "Fusion" ticket was nominated. It was said that Eben F. Pillsbury had agreed that Smith should be Governor, and that in return Smith had promised to support him for the United States Senate. The Republicans did their best to make the Democrats and the Greenbackers believe that each was being sold out by the other. In this they had some success. Mr. White, the chairman of the Greenback committee, resigned his position, being dissatisfied, it was claimed, with the way the Democrats were annexing the Greenbackers. Two newspapers went over to the Republicans. That leading Democratic paper, the Republican Journal, of Belfast, now became "Republican." The Journal had been established in 1829 and had retained its old name, although the founding of a new Republican party had made it extremely inappro- priate. During the Civil War it had acted with the Copperhead wing of the Democratic party, but its editor, Mr. Simpson, now admitted that his past action had often been mistaken, declared that there was no excuse whatever for the stand which the Democrats had taken on the financial question, and announced that he could no longer affiliate with them. The
*Argus, June 24, 28, 1879.
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Aroostook Valley Sunrise, which had joined the Greenbackers the year before, returned to its old allegiance, the owner frankly confessing that the resumption of specie payments, the returning prosperity of the country and the conduct of the Greenback-Democratic Legislature, had convinced him of his error in deserting the Republicans.
There was much stump speaking. Solon Chase and "them steers" went up and down the State with great effect. Many Greenbacker speakers were brought to Maine from other States. Wendell Phillips wrote to Solon Chase expressing his sympathy with the Greenback movement. For the Republicans, Messrs. Hamlin, Blaine, Frye, Hale and Dingley spoke con- tinually. That uncompromising stalwart, Zachariah Chandler, came to Maine, as did General Garfield, the Republican leader in the House of Representatives, and Senator Allison of Iowa, then only beginning his long service in the United States Senate, but already known for his grasp of financial problems. Secretary John Sherman, the hero of resumption, spoke at Portland, Lewiston, Augusta, Waterville and Bangor. Another man whose fame was still to come, visited Maine to preach the gospel of sound money. The Whig of August 22 mentioned that "the Hon. Wm. McKinley, Jr., of Ohio, delivered an able address at Warren, Tuesday evening. The meeting was large and enthusiastic."
As in the previous years, there was no election by the people, Mr. Davis' vote just falling short of a majority. The official count gave Davis 68,967 votes, Smith 47,643, Garcelon 21,851, Bion Bradbury 264, scat- tering, 81.
At first there was no doubt that the Republicans had carried the Legis- lature and that Daniel F. Davis would be the next Governor of Maine. The Whig rejoiced, claiming "a remarkable and signal victory." It said: "It has taken two or three years in other States, and some much longer, to secure such a reaction against demagoguism." The Argus expressed surprise at the result and claimed that it was due to intimidation and bribery. It soon became evident that such talk was not merely the usual angry excuse of beaten and disappointed men. The Maine Democrats had neither forgotten nor forgiven what they regarded as Hayes' theft of the presidency, and one of their leaders told a Republican, "you cheated us in the count for President, but we have the returning board here in Maine." There was a rumor that definite charges of bribery would be made, and the Governor and Council asked to decide that certain Republicans elected to the Legislature on the face of the returns were not entitled to their seats. The constitution provided that specified officers of towns and plantations should make a list of votes in open meeting, and that copies duly attested should be sealed in open town meeting and sent to the office of the Secre- tary of State. Similar provisions were made in regard to the votes of cities. It was further provided that the Governor and Council should examine the lists, and twenty days before the first Wednesday in January should issue a summons "to such persons as shall appear to be elected, to
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attend and take their seats. But all such lists shall be laid before the House of Representatives on the first Wednesday of January annually, and they shall finally determine who are elected."
It was manifest that the constitution gave the Governor and Council no authority to go behind the votes actually cast and count out Republi- can candidates on the ground of intimidation and bribery, and this plan, if such had really been formed, was quietly abandoned. But it was reported that the same result could be secured in another way. The town officers were seldom lawyers, often they were comparatively uneducated and igno- rant men, and it was by no means unlikely that many had failed to com- ply exactly with the directions of the constitution in regard to the manner of recording and reporting votes. It was rumored that the Governor and Council would avail themselves to the utmost of these errors, that the Republicans would be given no opportunity to correct them, as a law of 1877, amended in 1878, allowed them to do, until the Governor and Council had issued the summonses to the persons who appeared to them to be elected, after which they would claim that their powers in the matter were exhausted. The Legislature rendered Fusion by these means would choose Smith Governor, and elect Fusionists to the Council and to the other executive offices. The Republicans alleged that the question at issue was not merely who should hold a few State offices for a year, but that arrange- ments would be made for a similar fraud in 1880; that another stolen Legislature would elect a Democrat to succeed Senator Hamlin, whose term would expire on March 4, 1881; and that the present Legislature would take the right of choosing presidential electors from the people and vest it in the Legislature of 1881, which, after being duly purged, if neces- sary, would choose Democratic electors for President.
As time passed and the Governor and Council took no action on the returns, anxiety increased. It was understood that there would be a meet- ing of the Council on November 17, and Mr. Blaine requested the State committee, of which he was chairman, the committee for the succeeding year, and various leading Republicans, to meet him at Augusta. Among those who came in response to his call were Senator Hamlin, Congressmen Reed and Lindsey, and ex-Governors A. P. and L. M. Morrill, Washburn, Perham and Dingley. A committee of sixteen, one from each county, headed by ex-Governor Dingley, proceeded to the council chamber. On reaching the ante-chamber they were informed that the Council would not be in session that afternoon, but Governor Garcelon admitted Mr. Dingley for an unofficial and private conversation. Mr. Dingley then returned to his committee, and a sub-committee consisting of Mr. Dingley, Congress- man Lindsey and L. A. Emery, formerly Attorney General and later Chief Justice of Maine, waited on the Governor. Mr. Garcelon informed them that opportunity would be given for examining the returns, that the twenty days allowed for this purpose by statute would not be considered to have begun until the Council had reported its tabulations, and that this rule
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would be entered in the record of the proceedings of the Council. In con- clusion he said, "Ample opportunity will be given to correct any errors in the returns which can be corrected under the statutes. If any returns are fatally defective you must take the consequences."
A meeting of the Council was held and they approved the report of their committee on elections, and voted that the twenty days allowed for inspection of the returns should begin to run on that day. The next day two Republican candidates for the Senate applied by themselves and by counsel for permission to examine the returns, but received no answer. The Republicans then informed Chief Justice Appleton that they should apply for a mandamus directing the Governor and Council to allow access to the returns, and Judge Appleton prepared to assemble the whole court that he might have the advice of the full bench in so important a matter. But meantime the Governor and Council gave notice that they would be in session from December I to December 13 for the purpose of examining the returns, and that candidates claiming irregularities would have reason- able opportunity to be heard by themselves or counsel. The Republicans then stated that they would not press for an immediate decision on the application for a mandamus, but would wait until the first regular court, which would be held by Judge Virgin at Fryeburg on December 2.
Various attempts to examine legislative returns were made by Repub- lican candidates and their counsel without success. On December 10 and II the question of issuing a mandamus was argued before Judge Virgin, the hearing, by mutual agreement, being held in the Senate Chamber at Augusta, instead of at the court house in Fryeburg. The writ was sought against Mr. Gove, the Secretary of State, and the legal custodian of the State papers. Mr. Gove replied that the returns were not in his possession ; his counsel also argued that the law of 1877, which allowed correction of the returns, was unconstitutional, that the applicant had no right to see the returns, nor had the Governor and Council the right to make the correc- tions desired, and that therefore there was no cause for issuing the writ. Judge Virgin, after privately consulting with Judges Barrows and Symonds, rendered a decision in favor of the defendant. He held that the applicant had a constitutional right to examine the returns at a proper time and in a proper manner, and that a mandamus might issue against the Secretary of State, but that it was the duty of the Governor and Council to examine the returns to discover who appeared to be elected, that their right must take precedence of the applicant's right of examination, and that the time necessary for the execution of the duty of the Governor and Council was a matter of executive discretion and therefore not within the jurisdiction of the court. The decision was of little practical importance, for the Democrats had completely given way in the matter of the secrecy of the returns, and from the day of the hearing they had been open to examination.
On December 17 the Governor and Council announced the result of
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their examination of the returns. The reports of the local officers gave a Republican majority of seven in the Senate and twenty-nine in the House. The Governor and Council found a total Fusion majority of seventeen, with twelve vacancies. In all cases of change the action was taken on merely technical grounds. Five Representatives and one Senator lost their seats because of an alleged failure to sign or to seal the returns in open town meeting; seven Representatives and two Senators were counted out because returns were not signed by a majority of all the aldermen; five Representatives and three Senators were denied an election because the Portland officials returned certain votes as scattering, the constitution requir- ing the names of all persons voted for to be given, with the number of votes received by each. In no case could the failure to credit any person with these votes have affected the result. There were five Representatives lost to the Republicans because the candidate's name was not given in full, but with initials, and these votes were held to be for a different person. A Represen- tative was counted out on the ground that his ballots had a distinguishing mark and were therefore illegal; another lost a seat because it was alleged that the votes of the town of Cherryfield were illegal by reason of one of the selectmen being an alien. One Representative lost his seat because of an alleged double return, another because it was alleged that the signatures of three selectmen were all written by one of their number. Two Representa- tives were refused seats bcause of a wrong spelling of their names, and two because the town clerks did not attest the returns. The Republicans might have admitted that the latter was a fatal defect in itself, but claimed that the clerks should have been allowed to correct the papers.
The excitement now became intense. Meetings of protest were held throughout the State. The country districts were even more stirred than the cities. Many of the clergy denounced the fraud, as they deemed it, which was being perpetrated. The Whig of December 29 reported that "Rev. H. W. Tilden, pastor of the Baptist church in Augusta, lectured Saturday evening on the great crime. He wished to see everything pos- sible done to avert the danger. The question was, shall we be denied the right of suffrage. But he said, no, never! At whatever cost the people knew their rights and would never yield. Mob violence would settle noth- ing whatever, but open, systematic war would if it must be had."
Governor Garcelon was a citizen of Lewiston, but ministers of the city likened his conduct to that of one who steals a pocketbook. The chairman of the Council, John B. Foster, was a resident of Bangor. Some of the leading clergymen of the city, including Professor Sewall, of the Bangor Theological Seminary, and Mr. Foster's own pastor, Rev. Dr. Field, de- nounced the action of the Governor and Council.
The Democrats held great meetings which defended the course of the Governor and Council. Mr. Garcelon said that he was prouder of his action in the matter of the count than of anything he ever did in his life. The Democrats argued that they had acted only as the law required. The
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Argus said: "There is probably not a case passed upon by the Governor and Council which any respectable lawyer would not say, taken by itself, was decided rightly according to law. It is only when so many fatally defective returns are found that any are impelled to protest against the sweeping result. But is this really any argument against obeying the law? On the contrary, is it not one imperative reason for enforcing the law, lest otherwise we might come to have a Legislature so illegally constituted as to render of doubtful validity the laws it might pass? The defects exhibited by the returns this year are simply astonishing. It is high time for election officers to have an effective administration, to attend to their duties properly, and for towns to see to it that they have officers who know their duties and are careful to perform them as the constitution requires."
The Democrats proclaimed with great glee that they were following Republican precedents. They made especial use of the Burleigh-Madigan case. By the returns from Aroostook for the election of 1877 it appeared that Parker P. Burleigh had been elected Senator from that county. His opponent, Edmund C. Madigan, challenged his election, on the ground, among others, that Mr. Burleigh was not eligible, not being a resident of the county. Four of the councillors wished to give Mr. Madigan a certifi- cate of election for this reason, Governor Connor and three councillors believed Mr. Burleigh to have been legally elected. A compromise was agreed to and the facts were reported to the Senate without a decision in favor of either party. Here was a precedent for considering matters which did not appear on the face of the returns. The action of the Senate also gave great comfort to the Democrats. The Republicans counted in Bur- leigh by throwing out the vote of Van Buren because the list of voters was not attested by the clerk of the plantation, although the envelope in which the returns came had a blank attestation as to its contents which was duly filled in. Undoubedly the will of the people of Van Buren had been defeated by Republicans just as the Democrats were doing in numerous instances in 1879, but the Republican members of the Senate committee on the case had quoted with approval an opinion of the Maine Supreme Court stating that "the design of a republican government is not merely that the people should express their will at the polls, but that it should be legally and constitutionally expressed."
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