Page:The Green Bag (1889–1914), Volume 02.pdf/519

This page needs to be proofread.
474
The Green Bag.

tion of order throughout the State was largely due. In certain localities there was cause for apprehension, for the presence of the de throned Evans and Claggett stimulated the popular excitement; but the potent, invisi ble spirit of common-sense rose paramount to prevent bloodshed and rioting, and fur nished gratifying proof of the splendid dis cipline and patriotism of the citizens as a body. When Judge Livermore entered the court house at Dover to hold his first term, he found his former companions in ermine on hand, resolved to carry on the business of the term. By some compromise he effected a part capitulation, whereby the rival courts could occupy the halls of justice at different hours, — the Evans-Claggett court to have its say in the morning, while the new court held forth in the afternoon. It was at this term that Livermore put himself in a remarkably embarrassing posi tion by vehemently denouncing the change in the judiciary, hinting at bribery and dis honesty generally, and winding up by a vol ley of choicest Livermorese; and yet this . singular man continued to sit on the bench a contented and earnest participant in its unconstitutional and sordid emoluments. At Exeter the Chief-Justice and Judge Ellis met with considerable opposition, which had about it certain symptoms of violence; but the calm demeanor and good sense of the former allayed the animosity, and pre vented any outbreak. As at Dover, the old judges seated themselves on the bench alongside the new, and proceeded to coun termand the orders of the Chief, — even going so far as to command the clerk to administer anew the oath to the jurors, de claring that the oath as given by Judge Smith was illegal and of no binding force. Ex-Judge Evans took occasion to make several speeches on the unconstitutionality of the act whereby the Superior Court was said to have been abolished; and the imme diate effect of his speeches was to convince

the people that he was a vain and shallow man, whose original appointment was a mistake. During all this annoyance Judge Smith and his associate Ellis bore them selves like gentlemen, and kept their tempers unruffled. The spectators and the mobinclined partisans quickly saw how farcical and childish such proceedings were, and they quietly withdrew, murmuring their contempt for those who had deceived them. The sheriffs of two counties refusing to recognize the new court, Governor Gilman summoned the Legislature in extra session, and the offenders were summarily removed from office. One of these sheriffs was Ben jamin Pierce, the father of President Pierce. The contest that once was threatening had been happily averted, and the course of jus tice glided on unobstructed. The attempts of Evans and Claggett were looked upon as laughable; and the story of the old woman, who, being told of their ac tions, said that the judges were like her hen turkey, who kept sitting and sitting like an old fool after the eggs had been taken away, illustrated the popular feeling regarding the old courts. Everybody behaved well, and all thoughts of violence were banished. But the Repub licans were none the less hard at work in every school-district throughout the State, bent on having revenge at the ballot-box; so when the votes were counted after the March meeting in 1816, it appeared that William Plumer, the Republican candidate for Governor, had 20,652, and James Sheafe, the Federalist candidate, had 18,326. Here was the looked-for overturn at last, and the headsman again set up the decapi tating machine in the state-house. Gov ernor Plumer was one of the most eminent of New Hampshire public men, and after the lapse of fifty years his reputation stands unblemished in the annals of the Republic. A philosopher, student, and statesman, he was on intimate terms with the leading men of the period, especially with Thomas Jeffer son. No governor has exercised greater