USA > Maine > Maine; a history, Volume II > Part 7
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The appeal to party loyalty, however, failed to move the Hunkers and they held a convention and nominated an independent candidate for Gov- ernor, Anson G. Chandler, a son of Gen. John Chandler.
The friends of Governor Hubbard spoke as partisans when arguing with disaffected Democrats, but they promptly called on temperance Free Soilers and Whigs to break party ties for the sake of principle and come to the help of a man wounded in the house of his friends because of his service to the cause of temperance. The cry was not unheeded. The Gar- diner Fountain, a temperance paper, Ezekiel Holmes, the Free Soil candi- date for Governor, and Elder Peck, a clerical champion of temperance and anti-slavery, announced their intention of supporting Hubbard.
The Whigs, who had renominated Governor Crosby, did their best to stop the rush of temperance men to the Hubbard camp. They accused the Fountain of precipitancy and injustice in enlisting under the Hubbard flag before it knew whom the Whigs would nominate. The Bangor Whig de- clared that the Governor could not be considered a shining light in the temperance cause, "either by personal habits or vigorous advocacy," that his services "consisted only in signing the prohibitory bill under circum- stances which, according to his friends would, if he had the spirit of a man, permit him to do nothing else, and in presiding for a short time for political effect over a temperance convention." The People's Press, of Skowhegan, went further in personal assault, declaring that the people of the town were too near to Moosehead Lake to vote for Hubbard as a temperance man, the proposition was ridiculous.
At the election, as must have been foreseen, there was no choice for Governor. The official vote stood, Hubbard 41,999, Crosby 29,127, Chan- dler, 21,774, Holmes (Free Soil) 1,617, scattering 157.
Not only was there no choice by the people, but the Legislature was so divided that when they met the public was uncertain which candidate would win. A secret deal, however, had been made between Crosby and
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the Whigs on the one part and the Wild Cats on the other. Senator Brad- bury's term would expire on the 4th of March. If Hubbard should be chosen either Governor or Senator it would probably be regarded at the White House as proof that the Hubbard men were the true Democrats, they would receive all the patronage, and the poor Cats would be left to starve in outer darkness. As usual, there were vacancies in the Maine Senate, which the Representatives and such Senators as had been elected must fill. It was agreed that the Cats should help the Whigs to obtain a clear majority in the Senate and so secure the election of Mr. Crosby. In return the Whigs pledged themselves, if the split in the Democratic party should continue, to vote for the Wild Cat candidate for Senator, who would probably be ex-Governor Dana.
There had been a Hubbard and a Chandler senatorial ticket in Cum- berland county. Each had succeeded in returning two constitutional can- didates. The legislative convention was Democratic, but the temperance Whigs and Democrats agreed to vote for two Whigs and the Hubbard men, to fill the vacancies from Cumberland, presumably the Cats also voted for Whigs, and the result was that the temperance Whig alliance was successful. Democratic votes also elected two Whigs from Waldo. A third senatorial vacancy from that county and one from Hancock were, however, filled by Democrats. The Cats had kept their word. The Whigs had eighteen men in the Senate and the Democrats fifteen.
It was then the duty of the House to choose two from the four highest candidates for Governor, one of whom would be elected by the Senate. Mr. Tabor, of Houlton, a Wild Cat, said that the House was Democratic, that it would be suicidal to saddle the State with a Whig Governor, and that the names of the two Democrats, Chandler and Hubbard, should be sent to the Senate. But the anti-slavery men were determined not to run the risk of the election of Chandler. One of their leaders, Sewall, of Old Town, replied that he was glad to hear that there was a Democratic major- ity in the House, though the events of the last two days would seem to throw doubt on the fact. He thought it but fair that Hubbard and Crosby, the opposing candidates of the two great parties, should preserve their leadership, if Governor Hubbard should be defeated at the other end of the capital, the responsibility must rest on those who had brought it about by electing Whigs to fill senatorial vacancies.
The Whigs had a clear majority in the Senate, yet Crosby's election was not secure. In a letter concerning the bargain with the Wild Cats, written by him before the meeting of the Legislature, he said that he believed that all the Whig Senators would vote for him in preference to Hubbard, but that some doubt had been expressed in regard as to what Tucker, of Kennebec, and Muzzy, of Penobscot, would do. When the test came, Tucker stood by his party, but Muzzy, who was a strong pro- hibitory law man, voted for Hubbard. Two other Whig Senators voted for
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Hubbard for the same reason. This desertion would have been fatal to the Whig candidate had not two Senators from Oxford, ex-Governor Dana's county, who resented the defeat of a plan to make Mr. Dana United States Senator, and who had been opposed by Hubbard men after their nomination,' taken their revenge by supporting Crosby, and so elect- ing him Governor. The Democrats, however, had not voted for Crosby without some present solid reward, as well as the pleasure of defeating Hubbard, and the promise of help in the senatorial contest. They obtained a majority in the Council, which was made up of four Hunker Democrats and three Whigs. The Governor could not appoint any man without the assent of his Council, and the majority of the Council was Hunker.
The Governor had been elected, but it proved impossible to choose a Senator. Mr. Bradbury had declined being a candidate for re-election. He had been zealous and successful in promoting legislation for the benefit of his constituents and had obtained the payment of interest on the Maine claims for expenses in the "Aroostook War." The Bangor Whig said : "As the Honorable Senator retires to private life let us wish him nothing worse than that the people will never again disturb the dignity of his repose, nor vex him with solicitations to again assume the labors of public life, and thanking him for the watchful care he has had for the interests of our State, and not maliciously remembering the political sins he has committed, let us resolve to fill his place for many generations with an able and honest Whig. So mote it be.""
When the first ballot was taken for United States Senator, the Whig Senate named William Pitt Fessenden, the Democrats voting for Nathan Clifford. The Democratic House named ex-Governor Dana. Neither would yield, and finally the Legislature adjourned with the deadlock unbroken.
There was a sharp struggle for the appointive as well as for the elec- tive offices. Maine Democrats rushed to Washington to greet their new President and claim a part of the spoils. In a Washington letter which appeared in the Argus on March 9, a correspondent said: "I wrote you some time ago that two hundred fighting men were expected here from Maine. I did your gallant and patriotic people an injustice. At the call of their country they have sent a full regiment, headed by three ex-Gov- ernors, with the ranks filled with ex-members of the Legislature, over whom ex-presidents of the Senate exercise discipline as sergeants, assisted by ex-Speakers as corporals."
A week later another letter announced that "The 'outside barbarians' from Maine, together with the Congressional delegations, have been in coun- cil in order to adjust claims for offices in Maine. There is a split, which it is attempted to get over by assigning the Penobscot river to Senator
'The Hubbard supporters denied the regularity of the nomination.
'Whig, Feb. 17, 1853.
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Hamlin, as his share, and leaving the balance of the State clear for the other section."
There was a Democratic "split" not only in Maine but throughout the North. Were men who favored the Wilmot proviso and even those who supported Van Buren in 1848, but who had loyally rallied to the Pierce banner, to be considered Democrats in good and regular standing or should they be treated as weak brethren who had lapsed from the faith and must do penance by abstaining from the sweets of office. President Pierce began his term with an earnest wish to reunite the party by liberal treat- ment of the anti-slavery wing. In Maine the Hamlin-Hubbard men could claim to be regular and they obtained the greater share of the offices. Ex- Governor Hubbard, to the extreme disgust of some of the old politicians, received that choice plum, the consulship at Rio Janeiro,' succeeding ex- Governor Kent, who had himself succeeded would-be Governor Parks. The Banbor Mercury declared that the only Hunker appointed in Maine was Editor Haynes of the Democrat. He was made postmaster, in order, said the Mercury, to prevent his attacking the appointments. Kingsbury of the Argus, however, who was Hunkerishly inclined, was made inspector of the customs in Portland, and there were doubtless other Hunker ap- pointments in the State. Moreover, ex-Governor Anderson received a good place at Washington, being made commissioner of customs. But the old guard was disappointed and sore. A number of them had purchased a fine new chaise to present to Mr. Pierce, but they were so angry at his distribution of offices that they decided that he was not worthy of the carriage and finally gave it to Hastings Strickland of Bangor.
The President, however, was anxious to be on good terms with the pro-slavery men. Ephraim K. Smart of Belfast wished to be the collector of customs there and had the endorsement of all the Maine Democrats in Congress but one. But he had voted for the Wilmot proviso and Pierce refused to appoint him. Smart wrote a frank letter to the President. He admitted that he had voted for the proviso but said that he believed that all who joined in support of the Baltimore platform should be accorded recognition, that at his last election Whigs and Abolitionists voted against him and that some of the self-styled "national Democrats" who now as- sailed him voted with them. "But, let me ask you," he said, "if gentlemen who acted faithfully with the Democratic party in the late presidential canvass, who are wedded to the cause of Democracy, both in feeling and opinion, are to be rejected on the only ground which can be urged against me, whether in your opinion, the Democratic party can be assured of a majority in a single New England State, or even in the Middle States?"
On the other hand, the President could be firm in disciplining pro-
'He is said, however, to have earnestly sought the consulship at Liverpool, but this very lucrative position went to Nathaniel Hawthorne, the college friend and campaign biographer of President Pierce.
"W. Argus, Aug. 9, 1853.
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slavery men. The Hunkers of New York had seceded from the State con- vention claiming unfair treatment. The collector and naval officer of the port of New York sided with them, and the collector insisted on confining his appointments to Hunkers. Mr. Guthrie, the Secretary of the Treasury, removed both the collector and the naval officer.
The Argus, notwithstanding its zeal for regular nominations, promptly expressed its disapproval. It said: "In this State the policy of reconcili- ation is undoubtedly popular. It is the only policy upon which the Demo- cratic party can live and triumph. With any other policy we could not have carried the State for General Pierce. With any other policy we can- not restore the State to Democratic hands." Events had doubtless im- pressed the Argus with the desperate need of reconciliation. When this editorial was written, the Democratic party had again split in two and again there had been no election for Governor.
The Whigs had, in accordance with custom, renominated Governor Crosby. The Bangor IVhig said, "Governor Crosby adorns the office by a highly cultivated intellect, by ripe scholarship, and with a heart which knows no guile." Had the Whig been aware of Governor Crosby's part in the trade with the Hunkers, the preceding winter, it might have omitted the last clause.
The Democrats found much more difficulty in choosing a leader. Their convention was held in Bangor in a mammoth tent hired from Boston for the occasion. The Hunkers and anti-prohibitionists were in control. It is said that they had spared no effort to elect delegates, while their opponents remained quiet, being willing to let them carry the convention and "break their own necks." There were four candidates,-Shepherd Cary, John Hodsdon, W. B. S. Moore and Eben F. Pillsbury of Machias. The latter gentleman had a good lead on the first and second ballots and was nom- inated on the third. The convention resolved that it sincerely rejoiced in the Compromise of 1850, praised the administration in general terms, and declared it a duty to support regular nominations. It also resolved that a legislative caucus had no right to nominate, and that in future the State committee should call a convention and decide all contests, subject to the approval of the convention itself. There was the usual convention joyous- ness. According to the Whig, Pillsbury "received his visitors in his liquor- spread room," and Major Strickland gave "the next Governor of Maine" a ride in the "President's chaise."
Although the nomination of Pillsbury was a Hunker victory, he was little known and attempts were made to represent him as a compromise candidate." The convention made no mention of the prohibitory law, the Argus explained that it was not a political question, and also urged that the
10 Pillsbury had been more discreet in his opposition to the prohibitory law than Cary. Hodsdon was the candidate of those conservatives who most inclined toward prohibition.
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friends of the law wished no change at present and that probably there would be no occasion for Pillsbury to take any action in the matter. The Argus denied that the convention was made up of the bolters of the year before; these men, it said, were in a decided minority.
The strongly anti-slavery and "temperance" Democrats were not to be won, however. They followed the example of the Hunkers when they were beaten the year before, held a mass convention at Portland and nom- inated an independent candidate. The gentleman chosen was Anson P. Morrill of Readfield.
Mr. Morrill was a brother of Lot M. Morrill, one of the leaders of the anti-slavery Democrats. He had been land agent from 1850 to 1854 and subsequently served a term in Congress.
As in the preceding election, when the ballots were counted, the reg- ular Democratic candidate led but failed to obtain a majority. The official vote stood, Pillsbury 36,386, Crosby 27,061, Morrill 11,027, Holmes (Free Soil) 8,996 scattering 157.
The Legislature that met in January 1854, had to solve a problem like that of the preceding year, to choose one of three candidates, all strongly supported, but none of whom could be elected by his own followers alone. The situation was further complicated by the fact that the Governor and Council had reported that only thirteen Senators, less than a quorum, had been elected by the people.
Seven of the thirteen were Pillsbury men, three were Whigs, two were Free Soilers, and one was a Morrill Democrat. When the Senate met it ascertained the vacancies and reported the constitutional candidates in Waldo and Cumberland counties. These were all "Wild Cats." It was said that the Democrats planned when they had obtained a quorum and a majority by the choice of some of these men, to organize the Senate, pass on elections in such a way as to give them a firm majority, then refuse to elect a Governor unless the House should send up the names of such candi- dates as they desired. The President of the Senate whom they would elect would meanwhile be acting Governor and they thought that they could distribute the spoils and get along without a Council. The House, however, met this move by refusing to go into joint convention for filling a part of the vacancies. The Coalitionists claimed that there was no Senate and that the House could call a joint convention of the Representatives and of the Senators elect and fill the vacancies. After considerable delay the House submitted various questions bearing on the matter to the Supreme Court. The replies were a disappointment to both parties. Some of the cherished contentions of the Coalitionists were declared incorrect, but the practical question, that of the legal method of filling the vacancies, was decided against the "Wild Cats." The Court stated that a minority might organize and exercise all the powers of the Senate for filling vacancies. By such a construction, said the Court, "there may be a compliance with
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every requirement of the Constitution, and a constitutional government at all times be secured ; without such a construction there can be no compliance and no such security. And without such a construction occasions may frequently occur which will prevent the organization of the constitutional government without the exercise of power not conferred upon it by some branch of the government, or without an organization of the government from necessity." The right of the House to hold a convention with a minority of the elected Senators, the others being duly notified, was denied.
The Court, however, stated that the Constitution contemplated the declaring of all the vacancies before the filling of any, and the filling of all the vacancies at the same time but added that a different course could be taken should both houses assent. The Court also decided that a Senator chosen by a convention could not vote in a subsequent convention held for the purpose of filling vacancies that existed on the first Wednesday in January. The opinion was signed by Justices Shepley, Tenney, Wells, Howard, Hathaway and Appleton. Justice Appleton, however, stated that while he agreed that less than a majority of the Senate might perform all acts necessary to complete the Senatorial board, he did "not concur to the full extent of powers indicated in the opinion," Justice Rice, who had been unable to meet with the judges, dissented from an important part of the opinion. He believed that the Constitution contemplated a convention for filling a part of the vacancies, that the House had no right to refuse to go into such a convention, and that a Senator elected by it could vote in subsequent conventions.
The Senate thereupon reported the vacancies and the constitutional candidates. In the House the Whigs, Free Soilers, and Morrill Democrats had united and elected Noah Smith of Calais, a Free Soil and Prohibition Whig, Speaker, and John J. Perry, a Morrill Democrat, Clerk. They also elected from the constitutional candidates for the Senate men who were expected to vote for Morrill for Governor and William Pitt Fessenden for United States Senator, provided, of course, that such men were available.
Thus far the coalition had been entirely successful, but it now met with a serious defeat. Neal Dow says in his "Reminiscences": "Unques- tionably a majority of the Whigs in that body, left to their own inclina- tion and judgment, would have preferred to vote for Mr. Morrill. But the United States Senatorship was yet to be decided and was sure to be affected by the course of the Whig Senators on the Governorship. On the one hand, it was feared that if Morrill was not made Governor, his friends could not be relied upon to support Mr. Fessenden for the Senate. On the other hand, it was known that some Whigs would bolt as to the Senator- ship if their nominee for Governor was beaten by the votes of Whig Senators."
In this dilemma the Whig leaders concluded that the path of safety was to be found in party consistency. Consequently they brought great
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pressure to bear upon those Whig Senators who were thought to incline toward Morrill to keep them in the party fold. Some Whigs were in the Senate through the assistance at the polls of the Morrill Democrats under the promise, express or implied, that if necessary to elect him they would vote for the candidate of the Maine Law Democracy. Upon these, of course, the friends of Mr. Morrill relied. But, shortly before the Senate was to vote, one Whig Senator, who had been depended upon to vote for Morrill, was called into the lobby, where he was labored with an entire hour by a coterie of leading Whigs, who finally secured through his pledge the one vote needed to elect Crosby. Then the Senate, having patiently awaited that proselyting process, proceeded to the choice of a Governor. Nine regular Democrats and seven Whigs, sixteen in all, voted for Crosby, and four Whigs, two regular Democrats, and nine Morrill Democrats, fifteen in all, voted for Morrill.
"The result was a profound surprise to everybody present, save the three or four Whigs who had converted their vacillating brother. Com- menting upon it, a Portland daily said: "All can rejoice in having defeated something, and that the Maine Law is safe." The regular Democrats were delighted. They were pleased because a "bolter" had been punished; they were sanguine that the backbone of the coalition was broken, and imagined that the "deserters" in the Morrill camp would come home to be forgiven, to be revenged upon the "tricky" Whigs, and to act thereafter with the Democratic party. They were convinced that the Whigs would now be unable to elect Mr. Fessenden to the Senate, and confidently expected the success of their own candidate. The Whig leaders ridiculed these claims publicly, but privately were anxious. The situation was critical and no one, however experienced in political affairs, could foresee what the outcome of the contest would be.
The supporters of Mr. Morrill were very angry at his defeat, and the Democrats, in hopes that he and his followers might be won back, nom- inated his brother Lot for United States Senator. A. P. Morrill, however, told his friends that though he could not actively oppose his brother he saw no reason why they should not support Fessenden as planned. Some of the Whigs, however, were unwilling to vote for Fessenden because of his anti-slavery views and because his friends had, it was charged. aided the election of Morrill. If they were aware that some of the Morrill men would vote for him they might privately bolt, knowing that he would fail of an election, and as he would receive a number of votes equal to the Whig strength, that their own defection could not be proved. Neal Dow says:
"The practical problem then was how to secure the Morrill votes for Fessenden without letting the Whig malcontents know that he was about to receive them until too late for them to prevent his election.
"It was accomplished in this way: With some publicity, an interview
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was arranged between the Morrill Democrats and ex-Governor Hubbard, to give the impression that they were intending to vote for him. The naturalness of such an arrangement gave color to its probability. The Morrill men in the Legislature were in a measure the avengers of Hub- bard's wrongs. But for the Democratic liquor-bolt against him there would have been no Democratic temperance-bolt against Pillsbury, and the Morrill men, as such, would not have been in the Legislature. It was reasonable to think that they might vote for Mr. Hubbard, and their support, with that of the regular Democrats, would elect him and thus pave the way for that union and harmony needed for the restoration of the Democracy to its control of the State.
"After this interview the report was circulated that Governor Hubbard had been nominated by the Morrill men, and that there would be no choice on the first ballot. Those in the secret took assiduous care that the report should not be contradicted, lest some of the disaffected Whigs might with- hold their votes from Fessenden. Accordingly, ballots were printed for Governor Hubbard and carefully distributed throughout the house just before the hour of balloting arrived. Not a Democrat in the Legislature, and but two Whigs, knew what the Morrill men were to do.
"Mr. Fessenden was one of those. He and his Democratic competitor, Lot M. Morrill, who like himself, was a member of the House, had taken seats in the front, one on each side of the Speaker's desk. The committee collected the votes and retired to count. Its report was to settle the ques- tion which had been disturbing the politicians of the State for nearly two years, yet there were not twelve men awaiting that report who supposed that the choice had been effected. The committee came in. Its announce- ment was awaited and received in dead silence. To the great surprise of almost every one present, it showed the election of Fessenden. Not a word was spoken for nearly a minute, which seemed fully five minutes, so great was the strain, during which not a sound was heard in the crowded assembly.
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