USA > Maine > Maine; a history, Volume II > Part 34
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To complete the joy of the Democrats, the second name signed to this report was that of Daniel F. Davis. The Democrats also asserted that in 1862 the Senators elected by the people of Washington county had been counted out by a technicality and that for twenty years many Democratic members of the Legislature and county officers had lost their seats, but that no Republican had been deprived of his. Henry M. Pishon made affi- davit that he had been a clerk in the office of the Secretary of State for eight years and that at the request of councillors he had often sent returns back to town clerks to make specified corrections. Mark Harden, who had been messenger to Garcelon's Council and had held the same position
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in four Republican administrations, swore that he knew that the Repub- licans had often sent returns back for correction, that omissions had been rectified without even sending back the returns, and that a check-list had been purposely lost in order to throw out the vote of a plantation.
The Republicans did their best to distinguish between the Burleigh- Madigan case and those of 1879, and said that if in single instances Repub- licans had reversed elections on technical grounds, they had never done this when it would have changed the whole political complexion of the State.'
Men of both sides manifested an intention to use force. The warlike speech of Rev. Mr. Tilden has already been quoted. More serious was a statement attributed to Hannibal Hamlin in an interview with a represen- tative of the Boston Traveller. He was reported to have stated that until the act was done he could not believe that the Democrats would resort to so revolutionary a proceeding as a count out. "If they do usurp the laws of the State, I favor going to the State House and take the revolutionists by the nap of the neck and pitch them into the stream, and I will be one to go and assist."
The Democrats answered Republican threats and even mere criticisms with cries of treason. Eben F. Pillsbury, who had been a copperhead in the war and who was suspected of inciting or at least encouraging the resistance to the draft at Kingfield, now in the columns of his paper, the Standard, had much to say of loyalty.
In Penobscot county Benjamin H. Mace had been elected sheriff for the ensuing year. Not waiting until his term began, on December 26 he issued a notice that he should consider it among the duties of his office "to present before the grand jury at the coming criminal term, for indict- ment all those who may participate in any political mob or commit the overt act of high treason, and also those who may incite to such felonies, whether they are professed ministers of the gospel or editors of political papers." The future sheriff had doubtless been excited by the events of the preceding day. On Christmas morning the Governor had sent a clerk in the adjutant-general's office, named French, with a verbal order to the commander of the State arsenal at Bangor to deliver to him a large quan- tity of arms and ammunition. Rumors of the order got abroad in Bangor and caused such excitement that the Mayor and several prominent citizens went to the Penobscot Exchange Hotel to see the adjutant-general, who was reported to be stopping there. Not finding him, they proceeded to the arsenal, which was locked, but from persons near by it was learned that two teams loaded with guns and ammunition had just left for the depot. Returning at once to the city, they found the teams stopped on Kenduskeag bridge by a great crowd. Mayor Brown informed French that he could not guarantee the safety of the property, and that French must take the
"Perhaps this was for the reason that Rev. Mr. Spurgeon gave for his own demomination's never having been guilty of persecution, they never had the chance.
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responsibility of further provoking the people. Mr. French was unwilling to do this and ordered the arms back to the arsenal.
The Republicans were in a difficult situation. They felt that the Gov- ernor meant to bring force to the aid of fraud, and that his action directly tended toward civil war, but he had an undoubted legal right to move the State arms, and public opinion would condemn those who should first resort to violence. Indeed, the Republicans felt that the Governor might be trying to provoke them to disorder for this very reason. In Lewiston a "dodger" was got out headed "Riot in Bangor." Eben F. Pillsbury issued a Standard Extra, and headed his account of the affair of the arms, "Open Rebellion in Bangor." The Bangor Republicans, therefore, determined to pursue an entirely peaceable course. A letter signed by ex-mayors and other prom- inent citizens was sent to the Governor protesting against his order, but stating that "we shall endeavor to the extent of our ability, to prevent any action which should (would?) impair our good fame as law-abiding citi- zens." An executive committee issued a similar statement urging the people not to resist any lawful movement of State property by the Governor.
In Augusta, efforts were made to induce Mr. Garcelon to abandon his purpose of bringing arms to the State House. The mayor of the city, Mr. Nash, assured him that he had enrolled two hundred special policemen. good men of different political parties, and that they could and would pre- serve the peace, and urged that the calling out of the militia or the gather- ing of arms would disturb the public mind, that if one side should arm the other would do so also, and that with both parties armed a conflict might ensue which all would deeply deplore. On the following day an Augusta committee of public safety called on the Governor and expressed their concurrence with Mayor Nash and their readiness to support him, and begged the Governor not to move the arms from Bangor. He, how- ever, insisted on doing so in order to test the sincerity of the people of the city in promising to obey the law. But he was understood by the com- mittee to promise that the arms should not be brought to Augusta unless need arise.“ On December 30, 120 rifles and 20,000 rounds of ball cart- ridge were, on an order from Governor Garcelon, taken from the Bangor arsenal by the direction of the adjutant-general and forwarded to the Gov- ernor at Augusta. There were large crowds in the streets through which the teams passed, and the bells of some of the churches were tolled, but no attempt was made to interfere with the transfer.
The State had not been brought in danger of civil war without earnest attempts at a settlement by compromise. Councillor Foster had been called to Chicago by the illness of a daughter. On arriving in the city he wrote
"The Governor afterward stated on oath that he understood that the additional policemen were Republicans, that it was feared that they would take possession of the State House and exclude the Democrats from it, and that he promised not to bring the arms to Augusta on obtaining satisfactory assurance (which he did not receive) that the new police should be composed of men of both parties in substan- tially equal numbers.
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to the Governor that the political situation in Maine was the prevailing topic of conversation everywhere, that the action of the Governor and Council was generally misjudged, and that he was afraid that they were not fully sustained even by the Democrats. Mr. Foster declared that the Governor and Council had done perfectly right, that they had no equity powers, but that the Legislature had, and could exercise them, without reflecting in the least on the Council's action. "We fully understand (if we do not take into account the frauds which are said to have been com- mitted in the election) that the Republicans would have had the organiza- tion of the Legislature if the returns had been legal, that equity gives them the advantage. Would it not be right and also politic, looking to the future of the party, for the Legislature to exercise that power which we did not possess, and deal equitably ?"
On December 30 a letter appeared in the Argus written by a Green- backer, advising that the Legislature summoned by the Governor meet, organize, and settle disputed elections before choosing State officers. He said that the moderate Republicans wished to join the Legislature, and that their number would be increased if a moderate course were pursued. The Argus approved this plan.
There was a natural arbiter specially provided by the Constitution of the State, which required the Supreme Court to give its opinion upon points of law and on solemn occasions, if called on by the Governor, Council, Senate or House. The Republicans were most anxious to obtain its intervention. The Whig had suggested that under the circumstances the court would be warranted in stating its opinion without being asked. It was proposed to have the members of the Senate request an opinion. The Greenbackers, on the other hand, would have nothing to do with the courts. Councillor Fogg's paper, the Greenback Chronicle, said in its issue of December 5: "Perhaps Messrs. Baker and Baker are not aware, how- ever, that if the judges of the Supreme Court had issued a mandamus against the Governor and Council, that body would have taken no more notice of it than a mandamus issued by seven jackasses in Australia. The Supreme Court is a very august body, but it has no more power over the Governor than the ghost of Solomon." The Greenbackers. probably objected to an appeal to the court, in part for the reason that the Whig had given against the establishment of an electoral commission in 1877, that it was exchanging a certainty for an uncertainty. Radicals seldom have great reverence for courts, which they consider unduly conservative, and all judicial authority had suffered from the action of the judges on the electoral commission each one of whom voted with his party on every vital question where there was a reasonable doubt. Some of the Democrats, however, wished the court to be appealed to. William L. Putnam, for many years the able and honored judge of the United States Circuit Court, pub- licly declared in favor of such a course. Many of the leading Protestant clergy of Portland, with the Episcopalian bishop at their head, requested
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the Governor to consult the court. Two of his most eminent predecessors made a like request. Leading Republicans had appointed a committee with Lot M. Morrill as chairman to advise the members of the Legislature. At their desire Mr. Morrill wrote an extremely polite letter to the Governor, urgently requesting him to submit the matters at issue to the Supreme Court. He alleged that the court had always been impartial in such mat- ters, and cited the decision just rendered by the Republican Judge Virgin against the demand of the Republicans for a writ of mandamus. In con- clusion Mr. Morrill said: "I address your Excellency, not simply as an individual anxious for the peace and good order of the State, but as the chairman of a committee of the Republican party, all of whom are desirous, above all things, to avoid every possible disturbance of the public tranquil- ity, and reconcile the popular discontent."
The Governor replied on the following day that he considered the public excitement due to "a systematic attack of vituperation and slander upon the Executive Department, not only without parallel, but without cause." He added, however, that it was the duty of every good citizen to allay the excitement as far as he was able and, referring to the request that he should appeal to the Supreme Court, he said, "Nothing would give me greater pleasure than an authoritative opinion upon points involved in the present condition of affairs, and also upon such as may be likely to arise. Please indicate the points that occur to you, which have not already been adjudicated upon, and I doubt not we may be able to secure a satisfactory solution of doubtful complications or, if not satisfactory, at least such as may be deemed authoritative."
Mr. Morrill consulted his committee and submitted a list of questions which he suggested be put to the court. In the accompanying letter he said: "When your Excellency asks me to indicate the points that have not already been adjudicated, I reply that such an attempt would be value- less and indeed foreign to the whole scope and purpose of this peaceful mode of adjustment. Your Excellency must be aware that there is often- times as much dispute between lawyers as to what has been adjudicated by the Court, as there is touching that which has been enacted by the Legislature. I cannot close without urging upon your Excellency the pro- priety of going forward in the course which in your communication you have indicated your willingness to adopt. It has never in the history of our State happened to any of its chief magistrates to have it in his power to do so much for the peace and good order of society as your Excellency enjoys today."
It was reported that the Governor would refuse Mr. Morrill's request on the grounds that the opinion of the court, if against the action of the Governor and Council, would come too late, as the Constitution required that the notices of election be issued twenty days before the meeting of the Legislature, and that if wrong had been done the (counted in) Legislature would correct it. In his account of the interview of the Augusta com-
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mittee of safety with the Governor, the Whig correspondent wrote: "The conversation turned on the proposition to submit certain questions to the Supreme Court. The Governor said he had very hard work to read Gover- nor Morrill's letter. His Excellency's attention was called to the fact that it had been printed in the newspapers. He said he did not read the news- papers. He should go to Portland and obtain further legal advice before deciding to submit the question." He finally determined to submit ques- tions differing from Mr. Morrill's. The Governor's were more on mat- ters of abstract law. Mr. Morrill's had dealt much with concrete facts, mentioning towns whose returns had been passed on by the Governor and Council. The judges promptly replied in a unanimous opinion supporting the Republican contentions at every point. The court proclaimed as a guiding principle that the will of the people should not be defeated by tech- nicalities or the errors of officers who must of necessity be plain men." It also laid much stress on the lack of power of the Governor and Council to know officially matters not stated in the returns, and declared that various constitutional and legal provisions regarding the making up of returns were directory only and that compliance with them was not necessary to the validity of the returns. It stated that the provision allowing a defective return to be amended by the record was in aid of the purpose of the Con- stitution and valid. The judges said that the question whether the use of verbal evidence for this purpose as provided for by another part of the law was constitutional was not before them, and that on that point they expressed no opinion.
The Democrats at first appeared stunned by the decision, but they soon rallied and determined to continue in the course they had planned. It seemed that when Governor Garcelon's term expired the State would be without a Governor, and there might follow rival Legislatures and Gover- nors and civil war. Governor Garcelon was much alarmed lest the Repub- licans should seize the State House and he turned to General Chamberlain for help. The general had not accompanied the band of ex-Governors and other Republican leaders in their visit to Augusta in November, and it was reported that he had said that he had not gone because he could not see that he had any business there. The day after Mr. Morrill's appeal to the Governor to ask the opinion of the Supreme Court, General Chamberlain telegraphed Governor Garcelon, "The proposition to submit the disputed questions to the Court is eminently wise. Such a course would be honorable to you as Governor of the State, the highest officer of its peace. All good citizens would sustain you in it." He followed the telegram by a letter to the same effect. He declined a request of Mr. Blaine to get up an indig- nation meeting at Brunswick, saying that he thought that enough had been done to impress on the Governor the state of public feeling, that now efforts
"This seems inconsistent with an earlier opinion, which said: "It is to be regretted that votes are lost through the ignorance or carelessness of town officers, but the obvious remedy is to choose such as know their duty, and knowingly will legally perform it."
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should be made to calm excitement, and that in no case should resort be had to violence.
The Governor wrote a personal letter to General Chamberlain, urging him to come at once to Augusta. On January 5 he issued an order consti- tuting the various counties of the State "the first division of the militia," and placing General Chamberlain in command. He also issued the follow- ing remarkable special order: "Major-General Joshua L. Chamberlain is authorized and directed to protect the public property and institutions of the State until my successor is duly qualified." On the following day, Tuesday, January 6, General Chamberlain assumed command under the general order, and on January 8 published both orders and announced that he should act under them. General Chamberlain believed that Mr. Garce- lon's measures for defense would endanger rather than preserve the peace, his special guards or police or whatever they should be called, were accord- ingly discharged, the arms and ammunition taken from the arsenal at Bangor were returned, and the protection of the State House was entrusted to the special police of Augusta. The General, however, took further pre- cautions ; the people were reminded that military companies could not be organized to bear arms without legal authorization, the captains of the existing militia companies were told to obey no orders that did not emanate directly or indirectly from General Chamberlain, arrangements were made with the railroads to bring troops immediately to Augusta should he order it, and with the telegraph companies to give precedence to his dispatches.
When the Legislature assembled, the proceedings in the Senate were fairly quiet. Mr. Locke, of Portland, who had been selected by the Repub- licans as their candidate for President, protested against the Senate's pro- ceeding, but the secretary refused to entertain the motion. The Governor was sent for and the members, including the Republicans, were duly quali- fied. The Senate then organized, electing an elderly gentleman of no special note, James D. Lamson, of Freedom, president. The Republicans refused to vote for officers or accept positions on committees, but they voted on an order presented by Mr. Locke that a committee of seven be appointed to consider the election of members, and the order was passed by a vote of 20 to 18.
In the House there was much more excitement. The assistant clerk of the last House called the meeting to order. There were few Republicans officially present. Their plan was to break a quorum, and as three Fusion- ists were understood to have refused to assist in the contemplated "fraud" by attending, they felt that they could prevent the organization of the House. After the calling of the roll Representative Engene Hale moved that members from the cities excluded from representation by the action of the Governor and Council be admitted. He delivered a long and able speech in defense of his motion but objection was made, and the assistant clerk declared the motion out of order and refused to put it to vote. The
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Republicans refrained from further action, and the Democrats sent notice to the Governor and Council that a quorum was present and ready to be qualified. The Governor and Council appeared and the Governor pro- ceeded to qualify the members. He then announced that 76 members, the exact number needed to make a quorum, had taken and subscribed the oaths. This announcement was received with delighted applause by the Fusionists, and with astonishment by the Republicans. Governor Garcelon said that he put into the hands of the House the opinion of the Supreme Court as well as the petition of gentlemen from certain cities claiming seats, and invoked careful consideration of the same. "Three cheers were given for Governor Garcelon, followed by prolonged hisses." The House organized and transacted certain business, Mr. Hale continually raising the point of no quorum but without success, and at 3.30 p. m. the House adjourned. The battle had been an unexpected victory for the Democrats. The Repub- licans had felt sure that a quorum would not qualify, and they declared that there had been fraud in the count and forgery in making up the roll." They pointed to the fact that the highest number of votes cast in the elec- tion was 74, (on the choice of a clerk), and Mr. Hale, who had qualified under protest, that he might make motions and raise points of order, and there would be one less than a quorum. If, however, the Speaker did not vote when the clerk was elected, then there would appear to have been 75 Fusionists in the House, which, with Mr. Hale, would make a quorum.
On the following day Mr. Hale secured an amendment of the journal so as to show that no quorum had voted. The Republican Representatives now decided that they wished to be qualified, and recognizing Mr. Lamson as Acting Governor proceeded to the Council Chamber and sent for Mr. Lamson to come and qualify them, but he declined to do so for the present on the ground that he was not certain of the extent of his powers. The next day he gave a written reply stating that legal gentlemen had serious doubt whether there was such a "vacancy" in the office of Governor as the Constitution intended should be filled by the President of the Senate. Mr. Lamson concluded with the statement that being unwilling to exercise doubtful authority, he must respectfully decline administering the oaths.
The situation suggests that of fifty years before, when the National Republicans declared that Elder Hall was Acting Governor, but it needed an opinion of the Supreme Court to induce him to take the office. There was not on this occasion danger of the Democrats losing their Senate if they lost their President, but probably they wished to prevent the Repub- lican Representatives from qualifying, and so get rid of a numerous and active minority. Almost immediately, however, each party reversed its position. The Democrats had doubtless awakened to the advantage of having one of their number in the Governor's chair, and much pressure was put on General Chamberlain to obtain his recognition of Lamson. Ex-
"A demand was made in vain that the names of the persons enrolled as taking the oath be read.
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Senator Bradbury, who had behaved with moderation and had openly blamed the refusal in the fall to open the returns to inspection, now in a personal interview argued with great earnestness and force that Lamson was legally Acting Governor. Mr. Lamson made both verbal and written demands on the general for recognition. Some of Chamberlain's own friends, who were also staunch Republicans, advised him to consult one of the judges of the Supreme Court who was near at hand, and that gentle- man replied that the only safe way was to recognize Mr. Lamson's claim. But the general refused. He took the ground that he had been ordered not to execute the laws, but to protect the institutions of the State, one of which was election by the people, that formal law might permit out- rageous injustice which could be only redressed by revolution, and that he would recognize no Governor or Legislature without a decision of the Supreme Court in their favor; meanwhile he would keep the peace. The rule was applied to Republicans as well as Democrats. When a little later Senator Locke, who had been elected President by the Republicans of the Senate, including those deprived of seats, informed General Chamberlain that he was about to assume the office of Acting Governor, the general replied that his election was at least irregular and that he could not be recognized. Joseph R. Bodwell, the owner of large granite quarries, appeared at the capitol with some fifty of his employees, armed with pistols, but General Chamberlain induced him to promise to send them home. It is said, however, that most of them were quietly kept in Augusta.
Mr. Dingley states in his life of his father that: "Some of the mem- bers of the Republican advisory committee were in favor of a resort to arms. Mr. Blaine was among them; and he was somewhat out of patience with General Chamberlain because the latter did not use force at the outset. Thomas W. Hyde was sent by Mr. Blaine to General Chamberlain to inform the latter that the Republican leaders had decided 'to pitch the Fusionists out of the window.'"" "Tom," said the general, "you are as dear to me as my own son. But I will permit you to do nothing of the kind. I am going to preserve the peace. I want you and Mr. Blaine and the others to keep away from this building."
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