Eastern times. [volume], April 24, 1856, Image 2

About Eastern times. [volume] (Bath, Me.) 1846-1857

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(Sasitrn &imcs.
BATH, APRIL 24, 1856.
Valedictory.
It m now a little more than six years since
we assumed the proprietorship of the Eastern
Times. We entered upon the duties of its ed
itorial management with some just idea, as we
trust, of the responsibility of the situation, and
a determination to exert ourself to the best of
our ability to furnish the public with a weekly ;
journal that should command their respect and
the confidence and support of the Democratic
party. We entertained the idea that the le
gitimate and proper sphere of a political jour
nal was a fair, open and candid avowal of
principles, and a fearless discussioo of them ; j
that private piques and personal quarrels
should nrver in any manner find sympathy :
with a public press. To the former we have
devoted ourself, with what success, we leave !
our readers to judge ; the latter we have ever )
avoided, and tried in our humble measure to
silence the first mutterings of family commo
tion, and quiet the angry waters stirred up by
political malcontents. We have ever been
actuated with a desire to know and do what
was right and just, and if we have erred, we
trust our readers will pardon us, and charge
the fault upon oor judgment—not our heart.
During our connexion with this paper, we
have fotlod many warm and devoted friends,
who have ever manifested a lively interest in
oar success—gentlemen ol noble mould, wnose
sympathy and unaffected offices of kindness
have lightened our burdens, and served to
cheer us on in our toil. In the trials to which
we have been subjected, we have always found
them ready to extend to us the assistance we
needed. Their memory will be dearly cher
ished, and the fond wish of one faithful heart, 1
at least, shall ever upward raise the fervent
aspiration that the richest of Heaven's bles
sings may rest upon them.
Having disposed of the establishment, it be
comes our duty to vacate the editorial chair,
and introduce to the readers of the Times, Mr.
John Abbott, an able and devoted democrat,
whose tact in the conducting of a political
newspaper is ptoverbial, and whose weekly
labors we hope may be more interesting and
edifying than ours have been.
And now, dear readers, farewell. We go
from this to other scenes ; but the remem
brance of jour kindness and furbearanco will
never forsake us. Lung may you live ; and
at the close of this transitory life, may you all
enjoy the satisfaction of having done your du
ty, and go to dwell in the blissful regions of
that other laud where trials and troubles are
never known. GEO. E. NEWMAN.
Bath, April 18, 1850.
P. S. The above arrangement renders it
necessary that all accounts should be immedi
ately closed up to this date. We trust all in
arrears for the Times, advertising or printing,
will attend to it without delay.
Our First Bow.
By the above announcement, it will be seen
that I have taken the “Chair Editorial” of the
Eastern Times. In assuming this responsibil
ity, it is expected that 1 should give my read
ers an outline of the course I intend to pursue.
I intended to have done so ; but my time has
been so much taken up during the tew days 1
have had charge, in other matters connected
with the Business Department ot the office,
that I have not prepared what I intended to
say, but shall do so at some length in the next
issue. Suffice it to say, the Times will be
conducted on purely National Democratic :
Principles—sustaining the nominee of the
next National Convention, whether it be that
distinguished Statesman and Patriot, Frank- 1
lin Pierce, or anybody else.
With these few words ol apology for not
saying more, we make our best and first bow
to our readers—hoping that we shall have a
“cozy time of it” during the exciting political
canvass before us. JOHN ABBOTT.
Hon. Daniel S. Dickinson.
The Chicago Times, the accredited organ of,
Judge Douglas, has a high appreciation of the
personal and political character of New York's
favorite champion, the Hon. Daniel S. Dick
inson. The political opinions of that gentle
man and the editor of this paper are, so far as '
we know, identical. We rejoice that in the
great state of New York, there has always
been one man, at least, who never bowed his
head to the storm of abolition fanaticism. We
not only recognize "the existence of Mr. Dick
irison as a candidate for the presidency,” but
we will go further and say that if he be nom- j
inated he will not only receive the cordial sup- i
port of this paper but of the entire democracy
of Illinois. We trust that no man less soundly I
national than Mr. Dickinson will be noroi- I
nated, and whoever it be we will support him.
The democracy of this state are in no way
tainted with abolition ; when a man in this
state gets that disease, we seitd him out of our
camp and he finds his appropriate place in the
opposition. It ic a purified democracy of this
kind, that has kept the principles of the party
always triumphant in Illinois ; and Mr. Dick- j
insun or any other man might Teel proud, un
der tho consciousness that such a parly as the
. democracy of Illinois are prepared and willing
to give their undivided support in case be be
the nominee of the Cincinnati Convention.
Democratic Victories.—We never saw so
many democratic victories in Ohio at the spring
elections before. Cincinnati, Toledo, San
dusky, Circleville, Chillicothe, Lancaster, Me
dina, Seville, Dover, Hamilton, Aberdeen, are
a few of the places that pronounce against fu
sion ism.
In Indiana, too, the recent township elections
show as far as heard from the heaviest kind of
majorities for the old line democracy. In In
dianapolis, the capita!, where the black repub
lican k. n. fusion ticket had three hundred roa
j >rity last year, the democrats have now about
the same majority, a net gain of 600.
In Madison the democrats elected their may
or by 742 to 229 for all sorts of opposition.
Turning to Iowa, we find that the people of :
Dubuque could not bo deceived by the tterti
tactics of the opposition, but defeated them
worae than they would have been beaten had
they earns out manfully. In Davenport, Gil
bert C. R. Mitchell, democrat, was elected by
133 majority, and seven out of the eight alder
mao eleeted are democrats also.
Am Excellimt Appointment.—John A.
Meserve, Esq., one of the moat efficient young
democrats in the State, hat been appointed Mu- !
uicipal Judge of the eity of Rockland. He is
a young man of ability. I
The National Democratic Party.
Another Presidential Election is before ns—
remarks the New York Xatianal Dtmtcnt,—
at a monrent when the political world is con
rulaed with the downfall of Stales, sod Gov
ernmental systems that had stood for ages, ma
ny of them indeed ranging back beyond the
records of history. Upon their ruins new dy
nasties snd empires are springing tip, with all
the forms of ancient despotism, yet professing
to sc rre the cause of true liberty snd human
happiness in the permanent establishment of or
der upon the basis of modern philosophy, snd
with the sanetiorv of modern opinions. It
therefore becomes peculiarly appropriate for
i the ciliaens of a democratic Republic like our
own to surrey the scene with care, and to pon
der its lessons with glare attention.
lluwerer, it is not our purpose upon this oc
casion, to reriew, as wc hare already often
; dons, the field of Transatlantic politics, si- j
though its borders hare now extended to a
closer rieinity with our own than at any period
since the Declaration of American Indepen
dence. The crisis in our affairs at homo has
been too nearly approached to allow so wide a
flight. There are dangers lurking around cur
own doors that will require all tho intelligence j
our people possess to arert them.
Nerer before has this confederacy been so
ferered and agitated by incendiary partisanship;
nerer so undermined by anti-republican conspi
races as now.
In other years we had, indeed, to resist the
attack of powerful European States. But
tneir warfare was opened and avowed, and they
inarched singly against us. Ever since the
formation ofthe Union popular right have found
many opponents among ourselves disguised under
this or that pretence of political economy : but
at no period since we became a nation had out
side enmity and internal treason attained the
length and breadth they assume to-day. The
former now cloaks its dark designs in conde
scending smiles and assurances of “distinguish
ed consideration the latter uses the very
watchword of freedom to sap and overthrow her
citadel,—and both are virtually combined to ac
complish the same end.
It is with some alarm, then, that the true
lover of free institutions looks around him,
while from every quarter of the heavens he
hears hoarse murmurs of the gathering tem
pest.
And what docs he behold *
So long as his gaze is turned away from one
bright opening in the sky, where sunshine
plays on the rock-built lower of Democracy, i
nought but darkness and tumult, vociferous
passion and insanity fill the scene.
Men inheriting the same imperishable mem
ories of greatness and heroism from the Past ;
co-heirs in the noblest birthright bequeathed to
our race by time, since the mystery of the cru
cifixion opened to mortality the gates of heav
en ; enjoying republican equality and freedom
in a land aa vast, as magnificent, as exuberant
ly fertile as it ia independent, are madly, with
uplifted hands, and hearts full of bitterness,
hunting the life out of our liberty and our na- ,
tional brotherhood.
1 he spirit that animates the internecine po
litical warfare now so fiercely waged in our
country, never emanates from our Own institu
tions. It is the agent and servitor of our own
implacable and eternal foes,—our foes, because
in all lands and at all times, the foes nf democ
racy.
As we have said this is not the place for a
review of thestruggles abroad,—the massacres,
the imprisonments, the exile through which
progress has in Europe, toilfully and sadly
won her way towards the light.
It will answer our present purpose to trace
very briefly the battles of democracy in this
confederation and upon this soil, consecrated,
—as its first settlers fondly hoped, —to freedom
for all time.
The great births of humanity have ever been
attended with mighty throes of anguish. The
deliverance of our race required a godlike
agony to typify it; and as through univer
sal deluge and wreck alone a purer world was
won lor the descendants of the patriarch, whose
messenger was a dove that bore back to him an
olive branch, so, only through constant and
paintul exertion, incessant sacrifice and trial,
has the parly of tho people, emerging from the
chaos of European oppression, gained a new
home and a new asylum in the west. While
the young Republic was yet issuing from the
sufferings of the revolution, ere its gristle had
even hardened, the enemies of democracy
sought to crush it under the forms of a Consti
tutional Monarchy. Their distrust of the peo
ple vented itself in a conspiracy against all
who were truly patriotic in the American
camp ana uanogiy sought to make the impos
ing weight of Washington’s name the seal to
stamp the bonds of their ‘strong government.’
Failing in this, but still venomous and de
termined, they under the Adams Administra
tion, muzzled the press, centralized Executive
power, called for ‘Alien and Sedition' laws,
repelled the immigration which was filling the
arteries of the stale with vigorous blood, fertil
izing its domain and heaping its coffers with
unlold wealth, and by extending the term of
naturalization to fourteen years, sowed the
germs of a dangerous disaffection.
But omniscient wisdom was guarding the
cradle of the Free Empire and strangled the
serpent that lurkeil beneath it. Yet another
poisonous brood still lingered near, and when
young Liberty began to extend her arm over
j the fair regfens Heaven had assigned her, their
hiss was heard again. The purchase of Lou
isiana and the acquisition of those splendid ter
ritories that now pour llreir profusion into the
, lap of commerce at the mouth of the Missis
sippi, whose waters, turbid but more precious
than the gulden sand of less mighty streams,
roll free to the Gulf of Mexico, marked at
their rise and at their going forth into the deep
with the flag of our country, —this dazzling
prize was, with incredible stupidity or wicked
ness, described by them as a barren waste, and
iti peaceful accession to the national domain
denounced in vehement terms. But once more
a glorious destiny was mightier than falsehood
and vituperation. The keys of the Gulf and the
gales of the Mississippi were placed in Ameri
can hands!
In order that whatever small ingredient of
honesty or prudential principle might have
been claimed in this by the leading conspira
j 'ors should be proven utterly hollow, their on
relenting opposition to the desperate efforts
made by France to shake off the load of tyran
ny, and imitate the example made illustrious
to her sons by the virtues of La Fayette and
his companions,—an opposition which lasted
until England, their beloved guide and mies
iress, had extinguished the hopes of millions
! in blood, and consigned Napoleon to slow tor
i tore and death upon the lone cliffs of St. Hele
I na,—stands recorded on the gloomiest page* of
I American history, enwrealhed with the weeds
! and nightshade, these men cast spun vhe grave
of Jefferson.
Again, whew Britain, exuhmg in her
might, and still deeming the re-conquest of her
I former American dependencies s possibility,
insulted our standard on every sea, blockaded
otir coasts and dragged our sailors from under
the nation’s flag and within sight of their na
tive shore, to forced, cruel and bated servitude
beneath the red croas of St. George, this same
party resisted the spontaneous impulse of a
whole people, clamorous for the vindication of
i its honor and the protection of its rights.
And when the just appeal to arms was eve
ry where on land and sea, summoning the brave
and good to resistance and cuvering the Amer
ican name with glory, these men assembled in
a Hartford Convention to furce our Govern
ment into a degrading submission, or to rend
aasunder the confederacy their fathers estab
lished. There, too, they planted under unho
ly auspices the seeds of that prejudice against
the exile of other lands as well as against the
brethren of our own blood in the south, which
now threatens the overthrow of liberty.
From that time to the present day what has
been their course!
In 1830, starting the Missouri agitation and
regularly arraying north against south ; in
1827-8, bitterly denouncing the heroic Jackson
as “a military chieftain," and loudly preferring
“war, pestilence and famine” to his election :
in 1832, bolstering up the monster United
States Bank, and urging a system of govern
mental patronage under the alluring name of
“Internal Improvements,” which would have
made the executive omnipotent, and have ren
dered the title of "Republic” an idle tale to
cover the growth of an overshsdowing and op
pressive bureaucracy ; in 1836, suddenly
wheeling about to nominate “a military chief
tain” to the presidency, for purposes not thor
oughly concealed, and by no means republican ;
in 1810, again falsifying their former opposi
tion to Jackson by the election of Gen. Har
rison, snd depending as much upon the riotous
indulgence of “log cabins” and “hard cider,”
as they du now upon total abstinence and the
Maine liquor law,— in one case encouraging
excess, in the other assailing personal rights
gnaranteed by the Constitution ; in 1812,
shouting for high tariffs, and in 1816 siding
with the nation’s foe, and praying to God that
our gallant volunteers might be met in Mexico
with “bloody hands and hospitable graves,” and
repeating the outcry of 1803 to exclude from
our embrace the magnificent territories of Utah
and New Mexico, and the gold-ribbed coasts of
California, in whose harbors the commerce of
the limitless Pacific finds shelter, and deposits
the treasures of the east at the feet of our
brethren ; in 1818 nominating another military
man, and by that act of expediency, admitting
their blindness, in Jackson’s day, yet betraying
the vacillation of their policy ; in 1830 aban
doning the immortal Clay and Webster w hen
their great voices were uplifted to restore har
mony to their country, and challenge the ad
miration of a world ; in 1852 their continued
fear of military agression w as testified by the
nomination of Gen. Scott and their terror of
foreign influence by that distinguished veter
an’s harmless praise of the “melifluous German
accent, and that rich Irish brogue.”
In 1004 they capped the climax ul this long
and mournful succession of political errors, by
opposing the principal of popular sovereignty
as asserted in the Nebraska bill, and with the
very paroxysm of madness, rebutted the patri
otic adjustment of our sectional difficulties.
Nut content with so flagrant a breach of the
national compact and spurred on by the fell
spirit of civil dissemion which, since society
was first formed, has ever been the bane of
freedom and peace, they formed secret societies
to repel snd disfranchise the immigrant our
country had invited hither and our constitution
bad protected. In so doing, they belied our
whole hidtory, tarnished the national honor and
alienated the affection as well as the respect of
mankind.
And now they stand in dark and sullen
masses, plotting and meditating treason to the
safety and permanency of the last republic that
offers the hope of political regeneration to our
race, and meanwhile yields an asylum to the
pure and the oppressed of earth.
Such haa been and is the history of those
who are against us,—ever contending against
us,—ever contending against the dearest inter
ests and the loftiest principles of man.
Through all this strife the rational democra.
cy inspired with one great thought, led on by
justice, temperance, wisdom and patriotism ;
true to the traditions and the laws of their coun
try ; true to their fellow man, his noblest ex
amples in the past, his most glorious aspira
tions for the future, have never swerved from
the straight path of truth and duty.
Unbroken by defeat; uncorrupled by success ;
uninfluenced by proffered rewards ; nnawed by
the frowns of power, they have clung fast to
the hallowed banner of the Union and the Con
stitution,—tittering but one battle-cry—repub
licanism and liberty—and recognizing but one
aim—the welfare of their eounrry and the hap
piness of man !
Bibles and Slavery.—The Montgomery,
Ala., Journal gives an account of the set out
of Major Buford’s company for Kansas, from
which it appears that religion was made to
play a part in the designs of slavery propagan
dists. "They marched to the Baptist Church
and after a solemn and appropriate prayer by
the Rev. Mr. Durman, of ihe Methodist Church,
a magnificent copy of the Bible was presented
to Major Buford, by the Rev. Mr. Tichenor,
the pastor of the Baptist Church, who also
stated that means had been put into the hands
of the Major to furnish each emigrant with a
copy of Ihe holy Scriptures.
Hon. H. VV. Hilliard bid them farewell from
a cotton bale.’’ So from the north emigrants
go forth to Kansas with Bibles and Sharp's
rifles to make it a free state, and from the south
they go in the same manner to make it a slave
state. If they get out of ammunition in a con
test will they throw their Bibles at each other!
CT7’ The Belfast Republican Journal says
that "the defence of Judge Davis was very
much in keeping with the inconsistencies of
the party that has been asssessed some $1600
to pay for the defence. Paine's “powerful
speech” was as good as could have been made
for so hard a cause, and its author earned his
honest money in making it; Smith’s, (which
was "biting and sarcastic,”) cost nothing, and
was worse than nothing ; Choate’s was very
sympathetic,—not up to bis usual power,—cost
$1000, and was delivered with a glass of bran
dy before the orator, which might have been
seized in transitu to his lips on many occasions.
So mesh for the manner and cost of getting up
seven1 ilectioneering documents in this Davis
ease.
Adjournment of the Legislature.
After • session of ordinary length, (shout
one hundred* day*,) the legislature of Maine
has adjourned, and the members hare returned
to their respective constituencies, and their
various avocations of life, aaya the Republican
Journal. Contrasted with several legislatures
that have fur a few years back exercised the
law making function, there are many points of
dissimilarity between the body that has just
adjourned and similar bodies which they sue
Weeded. These dissimilarities come of a
change in the public sentiment; and the ques
tion that now naturally comes up for exami
nation is, whether this change came of the
corrected judgment and sober second thought
nf the masses, or whether it was the result of
a wanton fickle-mindedness that is attributed
to the people by those who believe that a pure
ly popular government is opposed to reason
and good sense. For our own part, we be
lieve with Thomas Jefferson, (to whom the
greatest of modern historians has recently at
tributed the highest reflective and philosophi
cal qualities of mind,) that "the world is gov
erned too much" by the few, and that the best
government is that in which the great popular
will and judgment are supreme. Jn this sense
we believe that the last legislature of Maine
was a reflection of the will of the people of
Maine, as that will was informed by experi
ence, and directed by thought and calm reflec
tion. And by the acts of this legislature, we
are ready to stand to our opinion, and main
tain the position that the deliberate judgment
of the people is right, and that carried out in
the appointed forms, it should be the supreme
law.
Preceding legislatures have been made up
of men who were elected under somewhat new
and peculiar popular impulses. They have
been the result of an idea that in the minutest
matters, one part of the community were to
take charge of and dictate to others, and upon
that principle each year has seen more exten
sive aggressions upon popular rights, a re
stricting of the privileges of the people, a nar
rowing of common rights, even to that of suf
frage, a system of legislation by which a part
assumed to dictate to another portion of the
citizens in matters that did not affect the com
mon protection of society, which should be the
object of all law and government
In this way was passed a law under which
men of intelhgenc^and education were abso
lutely cut off from the right to vote ; a law re
lating to the personal and social customs of
the people, known as the liquor law, which
was conceived in caprice, uncalled for, power
less of execution, and simply an engine by
which one man in the community could as
sume that another man was only a subject of
his legal care ; and worse than all, a whole
series of laws designed to secure the perma
nent success of a certain political party, with
out regard to the well-being or necessities of
those governed.
Against this state of things the people de
clared ; and the result was, the legislature
that has just adjourned. W'e repeat, we are
ready to stand by the acts of that legislature
as a defence of the correctness of the popular
judgment.
A large portion of the time ot the legisla
ture has been consumed in repealing the odi
ous laws placed upon the statute book by for
mer legislatures. The fair right of suffrage
has been restored to citizens native and adopt
ed ; a series of laws created simply for the
benefit of a party, has been repealed ; the
Maine liquor law, which the whole world has
discussed, and which had broken down by its
own incongruity of construction and falsity of
conception as an assumed measure ot legal re
form, is wiped from the statute book ; wicked
and unwarrantable tampering with local mu
nicipal courts to gratify party ends, has been
rebuked, and a violent infraction upon the au
thority of the state by a partizan judge, has
been promptly corrected by the removal ol the
offender.
It is a singular comment upon the party in
the minority in the last legislature, that they
do not stand by their former acts ; that they
do not put their opposition upon the merits of
their own previous legislation. Driven from
the ground they have occupied, they fly off to
other issues. At this moment we see their
whole battle for a supremacy based upon one
act of the late legislature; the removal of
Judge Davis from the bench. Upon that their
changes are rung ; upon that they raise the
cries of “Violence,” “Barbarity,” “Despot
ism,” “Reign of Terror,” etc. Upon that
they indulge in savage assaults upon members
of the legislature—assaults that are sound and
fury, signifying nothing with sensible people.
Outcries are made upon Mr. Senator Barnes
for the action he took ; vituperations are heaped
upon Governor Wells, as if he were a canni
bal or a vampyre, eaung his fellow men, or se
lecting as choice morsels for his horrible ap
petite, the delicate maidens and virtuous
youths. But when wo come to analyze the j
matter, we find that this question relating to
Judge Davis cannotelTecl anything among the
people, except it is put upon argument.—
These outcries over this judicial gourd that
sprang up in a night by the political man
oeuvreing of one Anson P. Morrill, effect noth
ing. Putting it upon a question as to men
merely, the people will be as ready to accord
worth, education, legal ability and integrity
to Senator Barnes, Gov. Wells and members
of the legislature, as to WoonBURY Davis,
who never had a legal reputation, study or
natural ability enough even to make him the
court lawyer olhis own parly in Waldo Coun
k
Mr. Barnes is known to have the attributes
we have nffmed in connection with his name :
and Governor Wells has proved himself to be
alike firm in action and skilled in the higher
learning of law. And now because Wood
bury Davis has had the misfortune to accept
a place he was unfit for and egregiously blun
der in the exercise of his judicial functions,—
why, the world is to be turned upsiJe down on
! his account, and the majority party in the state
are to become barbarians at the mere asser
tion of the minority.
This is precisely the sort of stuff with which
the State has been carried by the party now
out of power. But it was run into the ground.
It has no longer any effect except in remote
places, where the mails are unfrequent in their
arrival.
Again we say that the late legislature was
a reflection of the cool and deliberate judgment
of the people of Maine. It has reflected that
judgment back again, and we are ready to
stand or fall by its acts, and ne howling by
those who choose to live in the dismal swamps
ot politics can effect anything by way of re
versing that popular will that gave it birth.
ICP Cattish, 9 1-2 feet long, swim in the
Mississippi near St. Louis.
Political Signs.
At the late municipal election in Hartford,
(Conn.,) the democrat! elected their whole
ticket by a commanding majority. In the even
ing, a concourse of people paid a congratulatory
visit to the mayor elect (Mr. Doming,) and
Mr. Hammersley addressed him in e menner
suited to the ooetsion. Mr. Demiug's reply is
published by the Hartford Times. “He wms
gratified, he said, at the mark of approbation
which had that day been extended to him by
the freemen of Hartford. The office of mayor
was executive merely—the power vested in it
was not great, and the mayor should always ad
minister his duties as impartially as s judge
upon the bench. lie did not deem it to be a
political office ; but after all, the different par
lies usually selected their political friends for
such places. Tbe American party nominated !
him, and asked through a committee, that he
would accept of their nomination. He could
not do that. He was not friendly to their or
ganization. He told them he would not accept !
of their nomination, and he told them further
that he intended to vole fur James Buchanan
next fall. But he did not tell them he should
nut accept a nomination from the democrats,
though he remarked that he had not. They
had not then asked him to accept. Gentlemen,
said Mr. D., I approve of the remarks of Mr.
Hamersley. 1 adopt the sentiments he has ex
pressed. I was formerly a national whig.—
That party is no more. For two years my po
litical feelings have been wiih the democracy
a party that I never abused, but always re
spected. Hereafter my fortunes are with them,
through evil and good report, in prosperity and
adversity. ( l remet.dguscheering. ) Wherev
er the democracy lead, I go ; and 1 only ask to
follow, not to be made conspicuous. He
thanked his fellow citizens for their friendly
feelings and their Confidence, and introduced his
cherished friend.
Col A. G. Hazard of Enfield, who was on
a brief visit to Mr. D. Col. Hazard said he did
not expect to make a speech in Hartford that
evening. Politically, said Col. H , 1 was for
merly a national whig, like my friend, Mr.
Deming. I was a delegate to their last nation
al convention, and there voted, but in vain, lor
that great man of lofty intellect, Daniel Web
ster. But now the great lights I have followed
have gone out. The remains of one lie under
the quiet shades of Ashland ; and all that
there is of the other sleep silently upon the bor
ders of the ocean, at Marshfield. Since these
great statesmen of national yiews hare closed
their labors, a dangerous patty has risen in our
midst—sectional in principle—warring upon one
half of our Union—laboring to divide the public
sentiment of the country—and directly tending
to sever the bonds which connect us in brother
hood and greatness as a nation. He looked
upon the know nothing and republican parlies
as unsound and unsafe in this republic ; and tie
: spoke the honest sentiments of his heart when
| he said that it was on the democratic parly
alone the people must rely for the safety of the
I Union and their welfare. (Loud cheers.) He
was now with that party—he could not as a na
tional man who had regard for his country, act
with any other, and he called upon bis fellow
freemen to stand by that party in this great na
tional contest which involves not only our pros
perity but our very existence.”
“ We will Subdue You.”
These words, that infamous sheet, the New
York Trilmne, puts into Senator Douglas’s I
mouth, as having been addressed to the
“Sprit of of Freedom in the North,” in the
course of a late speech in the Senate, and it is
surprising how the small fry of the black-re
publican press have resounded them. Senator
Douglas never uttered such words, or words
of such purport. The words he did utter, fol
low :
“ The senator stakes himself on the minori
ty report. I say that report justifies foreign
interterence in Kansas, while the majority re
port denied the right of foreign interference.
Taking the minority report 1 can justify, un
der its principles, every act that has been dene
in regard to Kansas, either by persons from
Massachusetts or from Missouri. The major
ity report denies the right of any man to vio
late the law, to"pervert the principles of the
Kansas-Nebraska act, whether he comes Irom
the North or the South. The minority report
advocates foreign interference. We are ready
to meet the issue, and there will be no dodg
ing. We intend to meet it boldly, to reifuire
submission to the laws aad to the constituted au
thorities, to reduce to sidijeclion those who resist
them, and to punish rebellion and treason. I
am glad that a defiant spirit lsexhiilbed here ;
we accept the issue.”
That distinguished patriot and statesman,
(Senator Douglas) will stand to these words,
and so will the democratic party.
Foreign News—Peace in Europe.
The Baltic, which arrived on the 18th inst.,
brings the gratifying intelligence of the formal
proclamation of peace, which the Allies re
ceive with enthusiasm. The terms o( the
treaty are not yet known, but trom the tone of
the despatch it is probable that although Rus
sia has succumbed, the Western powers have
been more magnanimous than might have been
expected had peace not been so ardently de
sired. The war commenced in July 1853,and
has involved a loss of about 800,000 lives and
an expense ot $1,500,000,000. It is a most
gratifying evant to the whole commercial
world.
The most interesting item of intelligence
brought by the Africa, which arrived in New
York on the 21st inst., is the report that the
blockade upon the ports of Russia is now tak
en up. The raising of the blockade has been
officially announced by Lord Palmerston in
Parliament, and the fact has probably been ,
telegraphed to the Russian ports and to the
commanders of the blockading squadron. This
notification opens the ports of Russia to the
vessels of neutral powers, but it would appear
from a statement of Lord Palmerston, in reply
to an interpellation, that Britishjvessels cannot
as yet enter Russian ports in safety. The
premier was asked if British ships could enter
Russian ports, for commercial purposes, with
out risk of seizure ? To which he replied that
“the question was one involving other consid
erations, and he was not at the present mo
ment prepared to give an answer to it.”
The allied governments are commencing
their preparations for removing their armies
and materials from the seat of war. The task
will be an immense one, and will probably oo
cupy several months.
American Hotel, Boston.— We perceive
that Mr. W. P. Meserye, late the efficient and
gentlemanly assistant in the “Thorndike Hotel,"
Rockland, is now engaged as one of the assist
ants in the “American Home," Boston. The
"American" is one of the largest and most ele
gant hotels in New England, and it i» kept in
a style second to no other in the Union. We
are glad that the Messrs. Rica have secured the
service# of our young friend Meserye ; for it
will be gratifyin^^ his numerous frienda in
Maine ^ lists of this hotel.
DECISION or THE GOVERNOR
On th« Addnu for the removal of Hob.
• Woodbury Davie.
Two-third* of both branches of the Legisla
ture an the seventeenth of March, 1866. voted 1
to propose smendmentsto theypnstitution, and ;
resolutions ware passed presenting the amend
ments, and providing for th* submission of the
several questi ns to the people. It has been
contended, that under these resolves, the Gov- !
ernor and Council of last year were authorised
to declare that the.proposed amendments, in
case there was a majority of votes in favor 0f
them, had become a part of the Constitution ;
and acting upon that opinion they did make
such declaration in November last.
That such was not the intention of the Legis
lature is manifest from the conclusion of the
first resolve, which is as follows ; “ \nd in all
cases of elections provided for in this resolve,
ths first elections shall take place on the days
and times herein prescribed, accruing next after
the amendment providing for such elections
shall have been declared by the Legislature to
have been adopted as a part of the Constitu
tion.''
This resolve provides in express terms, for
such declaration to be made by the legislature.
And no elections could take pluce until the
Legislature had acted on the subject, and had
declared the amendment# to have been adopted
as a part of the Constitution.
It is therefore very clear, that it was not the
intention ot the Legislature to leave the making
of this declaration with the Governor and
Council. It is true that this part of the re
solves provides for the time when the elections
shall take place, but that does not prevent it
from being examined in connection with the
rest of the resolves to ascertain the sense and
meaning of the whole enactment.
'1 he second resolve makes provision for the
return of the votes.
" Ana lists snail oc maue out oi me votes by
the Aldermen, Selectmen and Assessors, and
Clerks of the seveial cities, towns and planta
tions, and returned to the office of the Secretary
of State, in the same manner as votes for Sena
tors, and the Governor and Council shall count
the same and make return thereof to the next
Legislature, and if a majority of the votes are
in favor of any of said amendments, the Con
stitution shili be amen led accordingly.'*
The whole duty of the Governor and Council
was to count the votes, and return them to the
Legislature. They had no authority to exam
ine into the preliminary facts, and see whether
there had been a compliance with the several
requisites for a change of the Ci nsiitution.nor to
determine whether the Selectmen of the towns
or the people had been properly notified, or
whether there had been any frauds in voting.
They were simply to count the votes and return
them to the Legislature. And when the Leg
islature had received them, it could examine in
to all the preliminary steps necessary to be
taken by the Constitution, to effect an amend
ment and make the conclusion known by some
Legislative declaration.
Would it be the duty of the Legislature after
the reception of the votes from the Governor
and Council, to send them back again for them
to declare the Constiution amended ?
The order in which the series of acts are ar
ranged in the resolve before mentioned, shows
clearly what was to be done by the Governor
and Council, and by the Legislature.
The Legislature might adopt the count of the
Governor and Council, or count them again,
and if both counts agreed, it would be a test of
accuracy. There was no necessity to provide
that the votes should be counted by the Gov
ernor and Council, and the provision that it
should be done gave no validity to the transac
tion. The Legislature thought tit to make it,
and at the same time to provide, that the votes,
after they had been counted by the Governor
and Council should be returned to the Legisla
ture.
There i9 no mode pointed out in the Consti
tution of making a return of the votes of the
people in relation to a change of it. By the
last clause of Art. 10, Sec. 4, it is provided,
•• And if it shall apprar that a majority of the
inhabitants voting on the question are in favor
of such amendment, it shall become a part of
| this Constitution."
li is manliest, mac mis appearance, as ex
pressed in the Constitution, must be to the Leg
islature. That is the law making power, its
members represent the people, and no change
of the Constitution can be completely effected,
unless it does so appear to the Legislature, and
the fact of that appearance is made known by
some Legislative declaration. Before a change
can be made in the Constitution, the several
acts prescribed in it must be done, the last of
which is the appearance of a majority voting on
the question.
The Legislature can only speak by its votes,
and by some vote, it must express the existence
of the fact, that it docs appear that theie is a
majority in favoi of the amendment, otherwise
no amendment can be regarded as a part of the
Constitution. The expression “if it shall ap
pear, &c.t” shows that without such develop
ment an amendment could not be consum
mated. Whether the Legislature has the pow
er to delegate to any man or body of men, the
authority to perform the act of ascertaining the
appearance of the majority in favor of the
amendment, and declaring it, it is not necessary
to enquire, for by a fair construction of the re
solves of the seventeenth of March, 1855, it
dues not appear to have been the purpose of the
Legislature to make such delegation. When
the Sheriffs of Cumberland and other Counties
were appointed, the Legislature had made no
declaration of a change of the Constitution, af
fecting that part of it which contains the ap
pointing power. 1'hose appointments were
therefore made in strict conformity to the Con
stitution, as it had existed tor thirty-six years.
But if it had appeared to the Legislature that
there was a majority voting on the amendments,
and a corresponding declaration had been made,
or if the effect contended for could have been
given to the action of the Governor and Coun
cil, the question arises whether the appointing
power would have been taken away before the
new provisions had gone into actual operation.
The resolves before mentioned are silent on
this subject, and so are the amendments them
selves, and it must be determined by a just im
plication of the presumed intention arising from
the resolves, nnu the nature and character of
the amendments proposed. One of them pro
vides that “Sheriffs shall be elected by the peo
ple of their respective counties, by a plurality
of the votes given in on the second Monday of
September, and shall hold their offices for two
years from the first day of January next after
their election, &c.” Under this provision, Sher
iffs cannot be chosen until next September, and
cannot act as such until next January.
Did the Legislature, m providing this amend
ment, and the people in voting upon it. intend
to put an end to that part of the Constitution
in relation to the appointment of Sheriffs, as
soon as the Constitution was declared to be
amended, and before these officers could be
chosen and qualified, and authorised to act un
der the amendment? No such presumptimi
can reasonably arise, and the intention that Wi
old provision was to remain until there could
be a practical operation under the new, accords
better with the interests of the community, and
a fair interpretation of the subject. 'Hie amend
ment would not therefore abolish the appoint
^ ing power before it became operative, and then,
although there is no language indicating when
it shall be abolished, the ordinary legal rules,
that a new enactment inconsistent with a for
mer one repeals it by implication, would apply.
, Such implication arises when a construction re
quires it. There is no necessity for resorting to
it at the time when the amendment is declared,
but only when it goes into actual effect. The
action under the new provision is entirely pro
spective, and by implication the old is in lorce
until such action takes place, and then it will
cease to exist because it is inconsistent with the
new. The Supreme Court of Massachusetts
! has put a similar construction upon an amend
ment of the Constitution of that State, which
was operative at a time subsequent to its adop
tion.
It ia therefore immaterial at what time the
Constitution was declared to be amended,
whether in November or January. It must
ever be borne in mind, that although we are a
free people, it is constitutional freedom that we
possess, and that the Constitution cannot be
changed by the mere votes of the people, with
out a compliance with its provisions. A de
parture from this rule involves us at once in
revolution, and a resort to physical force. No
body of men, aside from the Legislature, should
claim the right to declare the fundamental
law, the basis of all law, to have been changed,
unless its exercise I* clearly and plainly con
ferred upon them, nor attempt to withdraw
from the supervision, examination and judg
ment of the Legislature what justly and prop
erly belong* to it.
If any doubt had existed in my own mind,
as to whether the appointing power had been
taken away, thu opinion of S. J. court would
been taken and adopted. Bat iu«b coarse
eoald not be advisable, simply because the in
mmbents of the offioes professed to have doubts,
rhey were at liberty to teat their rights in each
Banner as the laws had provided, with the
newly, appointed officers, who also had a right to
» heard upon the subject. Judge Davis waa ap
pointed in October last, and in Jannarr he pre
pared a written opinion upon iherubjfcet of the
unendtnenls to the constitution and read it is
rourt si that time.
This was done when the sheriff of the county
>f Cumberland notified,him that he had a com"
niesion, as such, and claimed the right to per
form the duties of the office. But the Judge re
[used to acknowledge his right to act under
his commission, and recognized the former
Sheriff es the legitimate one. Acting in ac
cordance with the opinion promulgated by
Judge Davit, most of the sheriffs and regiaters
of probate throughout the state refused to sur
render their offices. As the new sheriffs were
responsible for th* custody of prisoner*, end
needed the prisons to hold in safe keeping those
whom they were commanded to commit, and
were required by law to occupy by themeelvea
or their deputies the houses connected with the
jails, in some cases it became necessary to break
open the doors of the jails und houses apper
taining to the jails to obtain poaseaaion of them.
Judge Davia continued to entertain the opinion
upon which he first acted, and his conduct is
in direct conflict with the government. He
refuses to recognize its officers, and into what
ever county he may go, he will doubtless rec
ognize the former officers and thus encourage
and sustain insubordination and opposition to
the regularly constituted anlhorities.
According to his views, the new sheriffs have
no right to hold the jails, or to arrest and con
fine any person. And if one of them should
undertake to make an arrest by virtue of a pre
cept in his hands, the person, attempted to be
arrested might kill the officer, and the act would
he justifiable, if necessary to prevent the deten
tion of his person and restraint of his liberties.
If his doctrine is correct, it would be his duty
to uphold the former incumbents in the em
ployment of force to retain their offices, and the
jails and houses appertaining to them. His
conclusion would lead practically to an open
and forcible resistance to the existing govern
ment, and incite to civil war and revolution.
The different ccpartmcnts of the government
are bound to respect the acts of each other.—
When a person has a commission from the Ex
ecutive of the State, granted in pursuance of
the ordinarily exeriised authority, it is the dt -
ty of all citizens to submit to ii, and if it has
been erroneously issued, the remedy to be
sought by those who object to it, is to bring
the question before the legal tribunal provided
for its decision, when a final determination of
those appointed to decide has been made, the
Executive and the people are bound to conform
to it.
But an opinion by a single judge against the
power of appointment even in a case properly
pending before him, would not justify resis
tance to the appointment. To produce such
result, there must be an adjudication of a tri
bunal empowered to render a final judgment,
as in ordinary cases between parties, who bring
their suits betore it. One judge does not con
stitute the judicial department, l'he opinion
of Judge Davis wan not given in a ease pend
ing in court. It had no more authority in the
contemplation of the law, than if it had been
read by him in the street. No exception could
be taken to it, so a9 to bring the matter before
the full court. The law does not provide for
exceptions in such a j receding. Hence it
was clearly his duty for the lime being to re
ceive the new sheriff until his opinion in a case
properly entered on the docket of the court in
concurrence with the other members of it,
could have eventuated in a final judgment.—
Upon any other principle of action the govern
ment would be thrown into complete confu
sion. The people would be acting in opposi«
tion to each other, and so also the officers.
The sheriff would have as much right to chal
lenge the validity and autheniicity of the
Judge s cominissi »Dt as the judge that of the
sheriff. They both derive their commissions
from ihe same source. Other subordinate offi
cers could pursue the same course, and thus
an end would be put to civil government. A
judge should not be removed for an expression
of an honest opinion merely, unless it indicates
such a want ot judgment, knowledge and dis
position, as shows him unfit to discharge the
high, and responsible duties of the judicial of
fice. But when his opinion is perseveringly
carried into practical operation to the destruc
tion of all order, and authority, what can be
done but to take away the power thus improp
erly exercised ?
1 he constitution makes ample provision for
such remedy, nnd the question submits itself
to the sound judgment uf those who are to act
in reference to it. The people have retained
the power through their representatives, not
only to impeach judges “for misdemeanor in
office,” but “every person holding any office,
may be removed by the Governor, with the ad
vice of the Council, on :he address of both
branches of the Legislature.” The Constitu
tion does not prescribe the grounds of the ad*
de<s, but leaves it to the judgment, sense of
propriety, and justice of the Legislature. Par
ty consideiations should never enter into such
measures, but the true motive should be the
promotion of the public good by sustaining the
institutions of the State, and the preservation
of a pure and wise administration of justice.
We have no reason to suppose that the disor
der caused by Judge Davis will not continue
to the end of the present year, at least. And
it could hardly be expected that direct opposi
tion between two different sets of officers, one
sustained by the Executive, and the other by
the judge, could continue without violence and
breaches of the peace of the most serious char
acter. The condition of affairs requires, that
either the Legislature and the Executive must
yield to Judge Davis, and permit him to deter
mine who shall act as sheriffs, or remove him
from office The necessity of the case, requir
ing the address, must have pressed itself upon
the legislature. It could not feel justified in
returning to its constituents, and leaving a man
in power, who was arraying himse.f against the
whole government of the State.
Both the legi>lature and the executive are
under a solemn obligation to the faithful dis
charge of their duty. They could not justify
to themselves a wilful neglect, to correct known
and dangerous errors, on the part of a public
functionary, especially such as actually dis
turbed the peace and tranquility of the State.
By the Constitution of this State, Art. 9,
Sect. 5, it is provided that "Every person hold
ing any civil office under this State may be re
moved by impeachment, for misdemeanor in
I office ; and e'.ery person holding any office,
may be removed by the Governor, with the ad
vice of the Council, on the address of both
branches of the Legislature.” It is provided
in Art. 4, part second, Sect. 7, that the Senate
shall have power to try impeachments, "but
the party, whether convicted or acquitted, shall
nevertheless be liable to indictment, trial, judg
1 ment and punishment, according to law.” An
j impeachment would therefore imply some
crime or offence against the law, for which the
accused migni ue inaicieu. uui mere is no
limitaiion in the Constitution of causes as a
1 ground of removal by address. It must hava
been intended to embrace cases where.there
would be no doubt of the existence of the fact
' upon which the cause was founded, and where
it would be incompatible with a proper dis
charge of official duties to allow the incumbent
to remain in office, although the cause would
not amount to a crime—such as insansity, in
capacity arising from physical or mental imbe
cility, a perversity of temper, preventing or
grossly impeding a due performance of busi
ness, conduct in office practically destructive of
society and civil government—whether the
opinions upon which it proceeds are the off
spring of an honest, deluded or factious mind.
The people have retained, in express language
in the Constitution the power of removal
through the Legislature and the Executive, of
every person holding any office. Such person
may be impeached lor crime or misdemeanor,
or removed for a cause which, in the calm, de
liberate, intelligent judgment of those who are
empowered to decide, renders him incapable or
unsuitable to discharge his duties.
Believing that there is a strong necessity for
the act, that the peace and security of the citi
zens of the state, and a due regard to the exe
cution of the laws demand it, in pursuance of
the address of both branches of the legislature,
and with the advice of the Counoil;
I do hereby remove Woodbury Davis, and
he is accordingly removed from the office of
Justice of the Supreme Judicial Court of the
State of Maine.
Given at the Council Chamber at Augusta,
this eleventh day of April, in the year of
our Lord one thousand eight hundred and
fifty-six, and in thu eightieth year of the
independence of the United States cf
America. SAMUEL WELLS,
Governor of ih* Statt of Main*,
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