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LOCAL HISTORY

AND

DOMESTIC OCCURRENCES,

FOR THE YEARS 1829-30.

DOMESTIC OCCURRENCES.

MAINE.

THE election in this State had been warmly contested, and at the meeting of the Legislature on the first Wednesday of January, 1830, an extraordinary contest took place. A majority of all the votes given is necessary for a choice, but where a vacancy exists in the Senate in consequence of no candidate having a majority, it is filled by an election of the joint ballot of both houses. The Governor is also chosen by the legislature, from the two highest candidates, where neither has a majority According to the returns of the election in 1829 the votes for governor stood for Jonathan G. Hunton, Samuel G. Smith, Scattering,

23,315

22,991

245

Mr Hunton who was the opposition candidate, thus had a clear majority, but the candidates returned to the Senate were equally divided between the two parties, and until that body agreed to meet in joint convention, the votes for Governor could not be declared, no council chosen, nor the vacancies in the Senate filled. In the House the opposition had a small majority and having elected a Speaker and organized the House, it intimated its intention to go into convention to organize the government of the State. The Senate however did not think proper to meet in convention, although the opposition (or anti-Jackson) party voted with its whole force on various motions to bring on a meeting, the other party was enabled by an equal vote to neutralize all attempts to organize the government. This state of things continued from the 6th until the 29th of January, when the House by a vote of 74 to 66 passed the following resolution.

House of Representatives, Jan. 29, 1830. assembled on the first Wednesday of Whereas, the legislature of this state, January, 1830, and the house was organized by the choice of speaker and clerk on the third day of the session, and was then ready to proceed on the public business; but the senate was not organized by the election of a president and secretary, till the eighth day of the session. And whereas, on the ninth day of the session, a committee was appointed by the senate to report on the election of senators, which committee did not report until the twentieth day of the session, and which report was not finally disposed of till the twentysecond day of the session. And whereas the constitution manifestly contemplates an organization of all the branches of government, at an early day after the meeting of the legislature, and yet we present the singular and unparalleled spectacle of having spent twenty four days in sessionhave a president of the senate of last year, claiming to act as governor, when it is evident a governor has been elect. ed by the people-the vacancies in the senate not filled, and no councillors for the present year chosen.

And whereas the constitution provides that the members of the house of representatives and such senators as have been elected, shall in the manner therein prescribed, elect by joint ballot the number of senators required.' And whereas it appears by the records of the governor and council, that on the ninth day of December last, the votes for senators in the senatorial districts were counted, and that sixteen senators were elected, and that there were three vacancies in the district of York, and one

in the district of Washington. And whereas, it appears by the report above mentioned made to the senate, and the votes and proceedings of that body on the same, as is proved by their journal, that the full number of senators to be elected from each district, have not been so elected. And that the senate have refused, on a motion made for that purpose, to send a message to this house, proposing to elect by joint ballot the number of senators required by the constitution, according to the usage which has heretofore prevailed in such cases.

In consequence of which, no other alternative seems to be presented, but that the public business shall be left undone, the wheels of government stopped, and the constitution prostrated, or, this house must proceed, in the mode prescribed by the constitution, to have the vacancies in the senate filled, the councillors chosen, and the votes for governor declared and published, the public business of the State despatched, and the just expectasions of the people fulfilled.-Therefore,

Ordered, That a message be sent to the senate requesting such senators as have been elected, to meet the members of this house in the hall of the house of representatives, and elect by joint ballot the number of senators required.

P. S. When this 'order' was presented to the senate-8 members were for going into convention, and 8 against it. The first eight, however, left the other eight to join the hous, and participate in the election of four persons to fill the vacancies in the senate. The first eight met in their chamber in the afternoon, and none of the other eight being present, proceeded to elect a new president for themselves, or for the senate as the case may be. The old secre tary refused to give up the papers.

The following is the protest of the eight members of the senate who re mained in their seats, as above

Whereas a part of the members of the senate have withdrawn from the senate board without the consent of the senate, for the avowed purpose of meeting the members of the house of representatives in convention to fill deficiencies in the senate, which have not been ascertained by the senate, and when the constitutional candidates have not been designated by the senate for filling deficiencies, if any exist, and without the concurrence of the senate to such con vention-and whereas such a procedure

is unwarranted by the constitution, and any election made by such convention is void, and can give no right to any individual so elected to a seat in the senate, or to take part in the acts of the senate; it being the exclusive right of the senate alone to judge of the elections and qualifications of its own members, and the senate being, therefore, the only constitutional tribunal to decide upon the legality or illegality, of the returns of votes for senators.-Therefore,

'Ordered, That a message be sent to the acting governor and council, that they may have notice that the senate have not concurred in the election of any persons to fill any deficiency which may exist in the senate.'

The convention was protested against as well by eight members of the senate, as by nearly 70 of the house of representatives-and these latter retired when they found that the majority would proceed to do the business for which they had assembled.

The judges of the supreme court having decided that Mr Hall, president of the senate, was the acting governor, the anti-Jackson party in that body became the majority, (before the two parties stood 8 and 8) and, having passed a vote permitting the three (anti-Jackson) senators from the district of York to retain their seats, a motion was made to reconsider the vote by which the senate had rejected the report of the committee on the suffrages for governor, and to accept the said report as amended. This motion was carried, ayes 11, noes 7.As the report had been previously_accepted by the house, Jonathan G. Hunton was declared to have been duly elected governor of the state.

The legislature having thus organized the government, on the 9th of February the two houses of the legislature met in convention to elect councillors, secretary, and treasurer of the state. An order was speedily presented, setting forth that the three senators who had recently taken their seats, had not been duly and constitutionally elected, and therefore could not vote in the convention, &c. This order was declared to be out of order, by the chair; but an appeal being had, the decision of the chair was confirmed, 87 to 76. A protest against this decision was then offered, signed by 68 members of the House and 8 of the Senate; which was directed to be placed on the journals. The convention then proceeded to elect councillors, &c. The whole number of votes present was 160 ;

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