Qas&REAz. 
 
 Rnnk .H-G7 
 
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HISTORY 
 
 THS FROCZSEDZNGS 
 
 AND EXTRAORDINARY MEASURES 
 
 OF THE 
 
 2iJ3(Bll^ILJlWlf:nW (D3» ^J1II^IS& 
 
 FOR THE YEAR 
 
 1830. 
 
 WITH THE SE\*ER.V.L OPINIONS OF THE JUSTICES OF liii, . 
 PREME COURT ON THE QUESTIONS SURMITTED TO THEII.' 
 DECISION BY THE SENATE AND THE GOVERNOR. 
 
 3 J r 1 1 a H ty . 
 

v^^-* 
 
 INTRODUCTION 
 
 •K 
 
 The candid and unprejudiced every where concur in 
 pronouncing the leading measures of the Legislature of 
 Maine, for the year 1830, to be extraordinary and un- 
 precedented. And few citizens, of the class men- 
 tioned, are so sanguine and clear in their convictions 
 of the character of those measures, as not to doubt more 
 ©r less in regard both to their constitutionality, and the 
 expediency of them under the circumstances that existed. 
 
 That they were party uicasurcs entirely, none presume 
 to deny. Nor is it a subject of dispute to which party 
 they belong. And hence, if there be aught of honor or 
 praise in them, their authors and advocates, individually, 
 and, as a party, will of a certainty have it ascribed to 
 themselves exclusively, by a discriminating and well in- 
 formed people, and the opposing party will struggle in 
 vain, should they attempt to share it. So on the other 
 hand, it is hardly less certain, that if these singular 
 proceedings carry in them aught of dishonor to the 
 State, or other cause of censure, those who originated 
 and those who advocate them must inevitably endure all 
 such dishonor or censure, before the same impartial tri- 
 
IV INTKOUUCTION. 
 
 biinal, and in turn will labor without effect in any attempt 
 they shall make, either to disburthen themselves of tlie 
 odium, or to darken by reproach the ^triumph of their 
 opposers. The only remnant of honor, le It within their 
 reach in such case, will consist in an 6arly renunciation 
 of the errors, and in an open secession from the party 
 that attempts to justify them. 
 
 What is proposed in Che ensuing pages, is a succinct 
 and unvarnished history of the rise, character, progress 
 and termination oT those prominent proceedings, to which 
 we have alluded. We hope to represent them in a spirit 
 of candor, and with a strict regard to truth. To say 
 we have not made up an opinion on them ourselves, 
 would be to confess our incompetency to write their 
 history. To our opinion, however, we sacrifice nothing 
 which can be of any avail to the opinion of any other 
 man — ^nor for its sake, is "aught set down in malice." 
 May, 1830. 
 
HISTORY 
 
 CHAPTER I. 
 
 History and Character of the two Parties in Maine. 
 
 It is quite impossible to arrive at a correct knowledge 
 of the character of the men and measures that mark with 
 peculiar distinction any particular period, without recur- 
 ring to such antecedent facts and circumstances as have 
 a bearing upon their history. This being so obviously 
 true, an apology will not be required by the reflecting 
 reader, for our glancing slightly at tiie past history of 
 parties under our national and State Governments, in the 
 first chapters of this work. 
 
 It is an incontrovertible fact, that two parties have 
 existed at all times in name and appearance, if not in 
 principle, since the adoption of the federal constitution, 
 in every New England State at least. 
 
 As late as the war of 1812,* it was not denied that 
 each of these primitive parties had preserved its identity 
 in all jiarticulars, with the exception of an occasional 
 detachment of a man here and there, first from this party 
 and now from that, to join the adverse party. Such un- 
 frecjuent changes of individual members, whether sincere 
 or only speculative, never produced more than a local, 
 and at best but a temporary eftect upon the great body 
 of either party. And hence they never were regarded 
 as altering at all the identity of either. From the very 
 
 * War wag declared 18th June, 1812. 
 
(3 History and Character of Parties in Maine. 
 
 character of the human mind and heart, it always has 
 been the case, and always will be in the future as at 
 present, that in politics as in religion more or less 
 converts may be found attached to each party, seceded 
 from the ranks of the other party — some from one 
 motive, and others from difi'erent motives. No man, 
 unless he deceives himself, or intends to deceive others, 
 argues from such individual changes, that the other party 
 no longer exists. 
 
 When the war end^,* neither party acknowledged 
 1815 itself extinguished, nor even defeated. It was but 
 just antecedent to this period, that the party oppos- 
 ed to the war, (universally recognised as the federal party 
 from the days of the elder Adams until then,) was about 
 adopting the most daring and energetic measuresf ever 
 resorted to under the government — and this in a con- 
 sciousness of their fulness and vigor to cverntR them. 
 These were abandoned afterwards, not under any ac- 
 knoivledged sense of the party's weakness, but under the 
 pretence that peace with Great Britain had rendered 
 them unnecessary. 
 
 On the other hand, the Republican party was, during 
 the whole period of the war, proclaiming its unity and 
 INDIVISIBILITY in high notes of exultation, in the splendid 
 victories it was almost daily obtaining over both the 
 enemies of the government without, and the enemies of 
 the national administration within. These victories were 
 consummated, and the domination of thia party made 
 complete, by the Treaty of Peace with Great Britain, 
 which foiled the bold projects had in contemplation by 
 the federal party. But, as already intimated, the latter 
 claimed a victory over republicans, instead of acknow- 
 ledging a defeat, in the Treaty of Peace ; so that each 
 party was then not only existing, but boasting of its suc- 
 cesses. 
 
 It was not until some time after the Treaty of Peace, 
 „ that the members of the federal party [called since 
 by some, "the peace party in war, and M^ar party 
 in peace "] began to feel disheartened under their suc- 
 cessive discomfitures, now greatly aggravated by more 
 gloomy prospects. The first election of Mr. Monroe, 
 
 * The Treaty of Peace was ratified by our government on the 18th Feb. 1815. 
 t The Hartford Convention was assemViied ISth Dec. 1814. 
 
History and Character of Parties in Maine. 7 
 
 who was brought forward by the republican party to suc- 
 ceed Mr. Madison in the Presidency, sat like an incubus 
 upon their desires. It was soon after that they ceased 
 almost entirely in every State, to display an open and 
 organized opposition to their successful rivals. Tliis 
 submission, however, was never considered nor designed, 
 for more than a tacit acknowledgment of a ten)porary 
 defeat. Being confessedly too weak, as a party, to over- 
 throw the principles and policy of their opponents, and 
 without the prospect of gaining strength by persisting in 
 a course of violent opposition, it was on this principle 
 they ceased to act as a party. Being furthermore, 
 honestly mistaken perhaps in some instances, and in 
 others most obviously too determined in their hostility 
 towards the principles, policy, and the men, who were ar- 
 rayed in triumph against them, to fall into their sujiport, 
 they also ceased pretty generally to act politically as 
 individuals, in regard to passing events. They conse- 
 quently became without ostentation or concert, what 
 have since, ostentatiously and by concert, been denom- 
 inated "wo party men." And for the most part, the pur- 
 suit of public otfice and public employment was aban- 
 doned by them in despair, for the less precarious business 
 of their respective professions in private life. 
 
 The members of the Republican party in the mean 
 time, reaped the rewards of their many patriotic efforts. 
 They were in the almost quiet possession of the govern- 
 ment — with all its offices and patronage at their disposal. 
 
 But without an organized opposition, party animosity na- 
 turally subsided very soon. An era of political quietude 
 between the old parties ensued. This afforded too frood 
 an opportunity for the invention and growth of local 
 interests, private speculations and personal preferences. 
 And these, in the absence of great disputed principles 
 and measures of national concern, though less boister- 
 ous, are no less effectual to divide a people. They did 
 multiply accordingly in number, and grew as rapidly in 
 importance. And by the time when a successor to Mr, 
 1820 ^^"•■^^ began to be talked of, old party distinc- 
 tions seemed verily to be quite buried and forgot- 
 ten, amid the many new collisions of the people upon 
 the different subjects just adverted to. 
 
8 History and Character of Parties in Maine. 
 
 Many men of intelligence* and foresight from the old 
 ■iQoc) federal party, though politically dormant them- 
 '^' selves, saw and watched the operation of these 
 new differences with secret exultation. They perceived 
 but too correctly, that while it could not eradicate the 
 spirit and principles of their former partizans, it neverthe- 
 less was well calculated to work out an oblivious cure 
 for the manifold transgressions of their old party, and 
 thus to enable the members of that party, now generally 
 excluded from public office, and political influence, to 
 come again upon the political arena, and with an even 
 chance to reinstate themselves in power, and to reestab- 
 lish those arbitrary principles and measures, f that so 
 strongly mark their history during the administration of 
 the elder Adams. They had too much discretion, how- 
 ever, to make public these views and feelings, by offering 
 so soon a candidate as their own, to succeed Mr. Monroe. 
 In other words, they knew that an avowed federal can- 
 didate could not succeed, even though ten years had 
 nearly elapsed since the war, and a multitude of minor 
 differences had helped to divide the republican party. 
 It would probably have aroused the suspicions of these 
 last universally, had the former done so, and reunited 
 them at once against those whom they had long been 
 accustomed to regard as a common enemy in politics. 
 As it was, some of the more observant of the old repub- 
 lican party were well satisfied of the game that was 
 playing in secret by the ex-leaders of the "peace party 
 in war," and they sounded the alarm. Yet there could 
 not be positive or tangible proof of the justness of their 
 fears, sufficient to excite the main body of their old party 
 to watchfulness, lost as they were in their new divisions. 
 Although the interest of the late federal party in the 
 election of a successor to Mr. Monroe, was, and 
 appeared then susceptible of being made in adroit 
 hands, what we have described, it was impracticable, 
 nevertheless, without jeopardizing the secrecy with which 
 
 * The federal party throughout all times have laid claim to all the virtue and 
 intelligence of the country. "But this is presumptuous and overbearing. Never- 
 tiieless it is true, that party embodied a fair proportion of both virtue and in- 
 
 t^he Alien Law, Sedition Law, or "Gag Act"— Standing Army Bill— Mid- 
 night Judges' Appointments, &c. &c. 
 
History and Character of Parties in .Maine. 9 
 
 the information must be communicated, to make all the 
 scattered members of that party fully understand it, in 
 season to reunite and rally them around one and the 
 same candidate. The reader will observe, that they had 
 now been for some time loosened from their party disci- 
 pline, and become, as it were, like the Jewish nation, a 
 scattered people in the political world. But, like the 
 Jews again, they were tenacious of their party principles 
 and prejudices, and had not been, as individuals, in hardly 
 any degree divested of them. It was not until after it 
 had become with them a matter of policy to keep up no 
 longer a retreating fire, that any one of their number, 
 either high or low, officer or subaltern, could be found at 
 all reluctant, though no longer a professed party man, in 
 defending and justifying still every act of his old party, 
 from the Hartford Convention back to the first burning of 
 President Jefferson in effigy. Neither reproach, nor 
 the remembrance of repeated defeats, could put them 
 down, as individuals, on any of those points, though such 
 weapons had long since been sufficiently powerful to 
 discourage them as a party. This shows how deeply and 
 immoveably rooted were their principles, prejudices, and 
 hatred. A new line of policy, however, subsequently* 
 grew into vogue among them upon this subject, as will 
 be seen hereafter. 
 
 CHAPTER H. 
 
 History and Character of the two Political Parties in 
 Maine — Continued. 
 
 No less than five candidates,! to succeed Mr. Monroe 
 1823. ^" ^^^^ Presidency, were brought forward by the 
 different interests into which the people had unfor- 
 tunately become divided under his pacific administration. 
 It may be remarked, that this diversity of sentiment was 
 but the natur al effect of the political quietude into which 
 
 * III 182."). Sec page i:?. 
 
 t John Q. Adauis, An.i.ew Jack.-on, Willi«m H. Cravyfoid, .foliii C. Calhoun, 
 anri llf-niv Clay. 
 
 2 
 
iO History and Character of Pa?' ties in Maine. 
 
 the two old parties had in turn fallen — the one from its 
 intolerable adversity, and the other from its great careless- 
 ness, originating in an excess of easy circumstances. — 
 But this difference of opinion was quite pleasing to 
 the long-sighted members of the former, for reasons 
 already mentioned. They saw in it the ingredients of a 
 political whirlwind, into which they calculated thereafter 
 to throw themselves and friends, that through it they 
 might all come up in a re-embodied shape, to ride upon 
 and direct the storm. 
 
 The great exultation with which they, in particular, 
 hailed the subsequent election of J. Q,. Adams to the 
 Presidency, fully exemplified the opinion here advanced. 
 They toasted it in sentiments which developed iheir past 
 calculations, as well as their supposed future prospects. 
 Those who fell with the first Adams,* were immediately 
 proclaimed as the regular candidates for promotion under 
 the second Adams. The federal party fell with the first 
 Adams. 
 
 It was time for it, and the jealousy of old republicans 
 began indeed now to take a start. But not to anticipate 
 the history of the second canvass that followed Mr. 
 Monroe's retirement from office, it is proper we should 
 dwell a few moments longer on the first. 
 
 During the whole of the presidential canvass of 1823 
 ^QC)A and '4, neither of the five candidates was publicly 
 recommended on old party principles exclusively, 
 except by a few of the old republicans in New England, 
 who advocated the election of Mr. Crawford. Nor did 
 either of the old parties reunite its members g-enerally, 
 in support of either candidate. As has been well re- 
 marked by another, the times in this respect were com- 
 pletely out of joint. More or less of both the old parties 
 rallied under the banner of each candidate. The chief 
 men of the federal party, however, among whom concert 
 was easy and confidence secure, united pretty generally 
 in support of one and the same candidate — Mr. J. Q. 
 
 * On the celebration of Mr. Adams's election, a royal salute of 100 guns, was 
 fired in Boston, at morning, noon and night, as was done in Paris on the restora- 
 tion of the Bourbons, to the throne of France. A grand entertainment was 
 given, at which Jo<i:ih Quincy, the cousin of Mr. Adams and the perpetual 
 enemy of the re()ublican party, presided, and gave the following toast, which 
 was received with enthusiasm, and copied into all the federal prints in the 
 country, to wit; — " The Political. Regeneration ; TTiose ivho fell with the 
 f IRST Adams rlse uil/t the «econd.'' 
 
History and Character of Parties in JViaxne. 1 1 
 
 Adams ; but they did this, perhaps, as much upon trust, 
 as from any positive assurance, at that time, ol' lavor. 
 We think, however, that it may be ascribed mainly to 
 the difliculty of ert'ecting in secrecy a more general 
 understanding among their dormant brethren, that the 
 whole of them did not unite for one and the same cafidi- 
 datc then, as was nearly the case in the succeeding 
 canvass.* And we think, too, that it may be in the main 
 ascribed to this lack of general re-union of the federal- 
 ists, that the old republicans did not also in turn re-unite 
 more generally, in the support of some particular one of 
 the candidates. That any ground at all has been obtain- 
 ed for the idea, that there is no longer any republican or 
 any federal party, is surely to be ascribed entirely to this 
 temporary estiangement of the members of each party, 
 from one another. When the reader shall have carefully 
 studied subsequent events, and the political characters of 
 men engaged in them, he will clearly perceive the 
 correctness of the opinion here advanced. Party spirit 
 may indeed be deprecated — but it will prevail neverthe- 
 less. Men will honestly differ in judgment, throughout 
 all generations, upon principles of government, as also on 
 questions of expediency. Parties are the inevitable 
 consequences. The old parties in this country were 
 divided from the commencement upon the great funda- 
 mental princii)les of human government. And these 
 being perpetual, will be the sources of perpetual differ- 
 ences of opinion. And it may be relied on with confi- 
 dence, that where two parties set off" against each other 
 upon such irreconcileablc views, under any form of 
 government whatever, there will be no end to those par- 
 ties, until there shall come an end to that government. 
 
 It would be easy to show the widely different political 
 views and principles that have at all times influenced 
 these opposite parties. It would be easy, did we not 
 want room, to detail evidence of the spirit of aristoc- 
 racy with which the one was imbued, and by which it 
 has been at all times governed, even "^o the present 
 /ime;"f — and, on the other hand, the democratic and 
 liberal feelings that have characterised the other party no 
 less constantly. We must, however, for these things, re- 
 
 * See pa^e 11. 
 
 t See note to page \i, which carries tiiif remark forward in all ite force to 
 lS-,'7 and '8, at least. 
 
12 History and Character of Parties in Maine. 
 
 fer the reader to the writings of the pioneers and leaders 
 of the two parties, beginning back as far as the earliest 
 confederacy of the original tiiirteen States. 
 
 Having briefly presented what was the true aspect of 
 politics in 1824, and from what causes and to what extent 
 the old parties were then dormant, and the members of 
 them indiscriminately amalgamated, we come properly to 
 consider next, the history of the presidential campaign 
 that followed. 
 
 The moment Mr. Adams was elected,* and had in his 
 ^ccyr first Message to Congress proclaimed the princi- 
 ples and policy-)- that would govern his adminis- 
 tration, the chief men of the federal party seemed one 
 and all to feel a thrilling response of exultation and joy, 
 and to demean themselves as if already securely seated 
 once more in influence over the public mind, through the 
 new President. The sentiment, so full of good tidings 
 to the one side, and so full of alarm to republicans, was 
 fearlessly proclaimed, — that those who fell with the first 
 Adams were now to rise with the second Adams ! It did 
 not take long for this proclamation, though full of mean- 
 ing, to be fully understood by those for whom it was in- 
 tended. Proceeding from the bosom friend of Mr. Adams, 
 it was supposed to be not only a safe prophecy, but the 
 result of positive assurance and knowledge. Nor was it 
 long before every surviving member of the memorable 
 Hartford Convention was aroused by it, and, girded by his 
 political armor, rallied under the banner of Mr. Adams' 
 party. These, too, drew in their old political friends 
 both far and near, ahnost to a man, whose friends in turn 
 were also drawn in with like exactness, until it was but 
 too obvious that nearly the whole J force of the old feder- 
 al party was in the field, completely resuscitated, and 
 re-embodied, and strengthened by numbers of their an- 
 cient rivals, who unluckily found themselves committed 
 
 * Mr. Adams's election by the House of Rt^presentatives, Feb. 9, 1825. 
 
 t Fi>r the character of Mr. A's. prhiciples and policy, as depicted by his sup- 
 porters, see note on page 14. 
 
 I " Every member" of the federal party was rallied, according to the state- 
 ment of the federalists of Philadelphia. 
 
 iJThere is good cause for believing, that Mr. Webster of Massachusetts receiv- 
 ed a letter about this time, which he and otlier federalists considered as a pledge 
 on the part of Mr. Adams, to bestow offices on the federal party. Mr. W. was 
 charged afterwards with having shown it to Mr. McLane. of Delaware, Mr. 
 Hopkinson, and Mr. Walsh, of Philadelphia, Mr. Warfield, of Maryland, Mr. 
 Stockton, of New .Tersev, Mr. Van Rensselaer, of New York, and other influential 
 members of the old federal party. Neither Mr. W. nor any of th& other gei?- 
 tlemen named, has at any time contradicted the assertion. 
 
Ilistorij and Character of Parties in Maine. i:- 
 
 too (lce|)ly HI the support of the fedoral cuiulidate to 
 retract with cre<litor seeming consistency. 
 
 Tiiese strong indications of old party feelings among 
 federalists, flattered, a- they appeared to be, by 
 ^°'^' the sentiments and policy avowed by the Presi- 
 dent,* could not but give ar» early alarm to the watchful 
 members of the old republican party. This alarm was 
 soon sounded, and not now without etVect. Most of the 
 leading republicans— perhaps we might safely say aUoi 
 them, who had supported, uith(»ut reference to party dis- 
 tinctions, either Mr. Jackson, Crawford, Calhoun, or Clay, 
 during the former canvass, began to rally and reunite 
 against Mr. Adams and his supporters. Mr. Crawford's 
 health being such as to prevent his being any 
 ^^^^* longer a candidate, and Mr. Calhoun and Mr. 
 Clay having both withdrawn from the field, the republican 
 party at length settled down into a cordial and undivided 
 support of Gen. J uicsov. This brought together, on the 
 one side, very nearly the same men, who had on former 
 occasions struggled shoulder to shoulder under the ban- 
 ner of the republican party ; and, on the other side, very 
 nearly all of their ancient opposers were seen cemented 
 again into an organized and wwll disciplined party. Ot 
 course, the latter were regarded by the former as the true 
 federal party. The ignominy of the measures of that 
 party in former days were therefore recalled and fastened 
 upon them; — the past conduct of its members was arraign- 
 ed anew, and their political heresies and arbitrary princi- 
 ples exposed again for popular execration. The influence 
 brought in this way to bear against the supporters of Mr. 
 Adams in New England, was felt by them to be dangerous 
 to their success, if not well merited. They consequently 
 soon shrunk from the detail of past events and measures, 
 and noiu began to disclaim I the name o( federalist, with- 
 out assuming any other distinction than that of the 
 
 * The follow ins stntiiiient routuined in Mr. Adams's (iijt messiige, was appal- 
 ling to the advocates of limited powers, in Congress, but no less congenial loth* 
 ^policy of ilie federal partv : — 
 
 "Wliile foreii^n nations, less blessed with that freedom which is power, than 
 ourselves, are advancing w ith gi!,'antic strides in the career of public iniprove- 
 mnit, were we to slumber in indolence, fold up our arms, and proclaim to tlie 
 world that tre are palsied by the uUI of our constituents, would it not i)e to cast 
 aw ay the bounties of Providence, and doom ourselves to perpetual iidcrioiity-' 
 t'I'his remark is to be confnied to New England federalists. Out of New 
 England, where the federal party happened to have the ascendency, they pniC' 
 tised no di-sguise. See note on next page. 
 
15 Hist or ij and Character of Parties in Maine. 
 
 •'rriends of Mr. Adams."' They objected to being denom- 
 inated the federal party. They pointed to those of their 
 fellows, who had on former occasions acted in the ranks 
 of the .republican party, as evidences tiiat theirs could 
 not be the fedeial party noiv. But these were so few. and 
 the number of old federalists among them was so large ; 
 and, on t'ne other side, the number of old federalists was 
 so small, and the number of old republicans so large, that 
 the identity of the old republican party could scarcely be 
 torn from the latter, nor that of the old federal party 
 concealed in the former. As in all other times, a few 
 men who had exchanged sides might be found in each 
 party, and this was the most that could be said. These 
 could not alter the character of the main body of either, 
 each being too distinctly seen in the character of the 
 respective leaders, to be mistaken by even the ordinary 
 observer of men or measures. The two old parties were 
 to all intents and purposes revived, and in array against 
 each other. And, as in former times, while the inclina- 
 tions of the one party tended to arbitrary power, as 
 manifested in the constructions* put on the Constitution 
 bv the President and his adherents, and in other particu- 
 lars which might be named ; — the endeavors of the other 
 were directed to the support of wider privileges and 
 greater freedom in the people, and for delegating less 
 power to the government, as well as otherwise to the 
 propagation of democratic piinciples and measures. The 
 contest upon these differences waxed warm under a 
 
 * The followin? fact will sustain a variety of the positions we have advanced. 
 
 in regard to the ideatitv of tJie federal partv, from tiie days of Wasliingtoa down 
 
 D the present rime — in" regard to the general understan Jing had, ameng federai- 
 
 st- of the old party, as to" the effect upon them of Mr. A's re-election, &:c. ic. 
 
 •\'^ : ve allude to is this — ^At the riuie the noted Johit Sargnd. the federal 
 
 ite for Congress from the District of Philadelphia, was up in October. 
 
 •ifi federalists of that district came cut in their address in the following 
 
 :Vau>i and uncompromising language, upoc the subject of parties and 3fr. Adams's 
 
 .idnunislration, viz : — " The men who are addressed are federaI-Ists — those 
 
 Tho hare pursued o5X great ststem or satiosal pouct from the days of 
 
 Washington to tke pre5£5T ttme. This system lias secured us reputation abroad 
 
 ■xnd prosperity at home ; and, although often opposed and reviled, and at times 
 
 forsaken, it is the svstem that has for years controlled the measures of our gov-. 
 
 'emment; .and wtich xow exerU i'ts full and ;)CT;/^rf sirength, diBusiug she 
 
 proper blessings of our matchless instinit ions and laws throughout every part of 
 
 oar countrv. Call oiu- administration bv nrhat name vou will, democratic or 
 
 j-publican; ITS POUCY IS ESSENTIALLY FEDERAL ; and JT^rfry 
 
 • of a party, so often skmdcred and so much depressed, has still the 
 
 satisfaction of see ins the doctrines of Wasliington and Hamilton now 
 
 i-tg tkt UitiUd States. To federalisti — 'o the supporters of such maas- 
 
 u.ri — the ciU is addressed.'' 
 
History and Character of Varties in Maine. [■> 
 
 variety of shapes and measures. As all at this day are 
 informed, it resulted in 1828, in the complete defeat of 
 Mr. Adams and the federal party, and in the as complete 
 triumph of the republican i)arty, through the election of 
 General Jackson to the Presidency. 
 
 Such was the power and violence of this last mentioned 
 canvass, that all other political subjects and discussions 
 were absorbed in it, or received their tone from it, 
 whether of a national, or of a sectional and State charac- 
 ter only — dividing the people into two parties upon the 
 latter, precisely as they were divided upon the former. 
 State politics were from beginning to end made to turn 
 upon it, in every State. And in New England, not only 
 the State elections, but even the choice of nearly every 
 town officer was influenced more or less, if not controlled 
 altogether by it, as the one or the other of the belligerent 
 j)artios on the main question chanced to be predominant 
 in these smaller circles. In every State Legislature most 
 especially, were the lines distinctly drawn between the 
 friends of the two great national parties. So that to 
 understand fully the history and character of parties in 
 any State, the reader needs only to keep before him the 
 history and character of the parties in the nation. 
 
 These parties, which we must now be justified fully in 
 -QQQ denominating the republican and federal j^arties. 
 
 " ' (their original distinctions) were about two federal- 
 ists, to one republican in the Legislature of Maine in 1829. 
 To make up this great disproportion, it will at once occur 
 to the reader, conversant with the past politics of the 
 State, that all the members of the party, having the 
 ascendancy in this Legislature, had not always been of the 
 federal party. In the minority, or republican party, 
 however, all, we believe, or nearly all, were republicans 
 from their earliest dafs. So that besides in principle, 
 this parly was also in men, strictly republican. Those of 
 the other party who had not been federalists at all times, 
 were such as had been drawn into the suj)port of Mr. Ad- 
 ams in the quietude of 1823 and '4, already noticed, when 
 local and personal, and not party feelings prevailed: and 
 who did not feel themselves warranted, after the part they 
 had taken for him, to forsake him, though it could not but 
 be palpaMe to them now, that he was in reality the fede- 
 ral candidate. A few thus entrapped, did. very much to 
 
J G Froscriptive Policy of the Legislature of 1820. 
 
 their credit, return to their former friends and party, 
 notwithstanding the support they had given Mr. A. at his 
 first election, — ere resuscitated federalism had so boldly 
 avowed itself 
 
 CHAPTER III. 
 
 The Legislature of 1 829. — Republican and Federal nom- 
 inations for the office of ilovernor. — The Canvass and 
 its result. 
 
 Before the meeting of the Legislature in 1829, the 
 1QC1Q triumph of republicans through the nation, in the 
 
 "^ * election of General Jackson, was known and re- 
 echoed through the State. His friends being in point 
 of numbers the minority in Maine, appreciated that 
 triumph with greater manifestations of joy than they 
 otherwise might have done, which had the effect of irri- 
 tating, perhaps somewhat more severely, the feelings of 
 their defeated opponents. These last, one and all, 
 whether always, or never before the adherents of the 
 federal party, appeared thereupon resolved in anger, that 
 their victors in national politics — the republican party, 
 sho^iJd feel for once the power of vengeance. It was 
 through the advantage of their strong ascendancy in 
 numbers, that the federal party felt secure in adopting such 
 a proscriptive resolution. In accordance with it, about 
 every* officer in, or attached to, the Legislature, who was 
 known to be republican, was either turned from his office 
 or superseded, as soon as that body came together. And 
 where they had not the power to reach their opponents 
 by removals, they were diligent and prompt to enact such 
 laws as would cut off from office, f and weaken in influ- 
 ence, all who were obnoxious to them in politics. How- 
 ever, the lustre and influence of national politics, which 
 seemed now to be daily increasing for their opponents, 
 
 *The Speaker of the House, President of the teaate, aiul Door-keeper oflhar 
 Branch, the Secretary of State, Tieasnrer of State, and CoimcillorF, for the 
 year 1828, were severally turned from office, and members of the federal party 
 put in their places, by the Legislature. The new Council in Aeir turn also 
 refused invariably to confirm any nomination of a republican for office, but con- 
 firmed every one nominated from the federal party. 
 
 tBy reducing salariee and the incidental pe)i"'=!tes of office. 
 
JSomination of Mr. Iluntoon. l"? 
 
 so completely eclipsed their prospects of continued pow- 
 er, before the session was ended, as to give them in the 
 contrast the positive appearance of being irrecoverably 
 on the wane. To keep up some more definite object of 
 common interest among tiicm, than that of opposing thus 
 early the new national administration, the federal party 
 in the Legislature concludetl on nominating, upon their 
 own responsibility, a candidate for the office of Governor.* 
 From the " signs of the times" it was apparent to the 
 discerning men of their party, who were most prominent 
 for the office, that ere anotiier year should come round 
 they might be in a minority, notwithstanding their present 
 strength and numbers. These were consequently solici- 
 ted in vain, each in turn, to consent to be considered the 
 candidate of that party. Not one of them could be 
 persuaded to risk his reputation upon the result of the 
 ensuing election. After various efforts, they finally 
 reached one, Mr. Huntoon — who felt too much flattered 
 by the unexpected and to him inexplicable proposition, 
 to hesitate for the answer he should give. He consented 
 at once to become their candidate. The effect which 
 his nomination had upon the public mind, when first 
 announced, was quite amusing. Who Mr. Huntoon was, 
 seemed to be an inquiry made no less frequently by the 
 members of the party in whose name he had been 
 nominated, than by republicans themselves. All were 
 equally ignorant of him — and he in turn was as ignorant 
 of them. Had he been one of the Foulahs, of the Feloops, 
 of the Mandingoes, or of any other tribe in West Africa, 
 hardly less inquny could have been necessary to make 
 him known to the people. His immediate friends, how- 
 ever, first recommended him as a Lawyer. But it was 
 soon ascertained, that there was nothing to boast of in his 
 career as a Lawyer. In short, he had never been known 
 to argue a cause, however simple, before even a Justice of 
 the Peace ! But he was next represented as a Fanner, — 
 to catch the support of that extensive and respectable 
 denomination of the community. Inquiry, however, soon 
 exposed this deception also. He had neither in theory 
 nor in practice, any pretension to that honorable ap- 
 pellation. His election was then urged upon the late 
 
 *Gov. Lincoln had ileclined a re-eluction before tlie federal parly began to 
 a1>usf him. or he probabh would l;ave consented to be run ngain. 
 
 3 
 
18 Mr. Iluntoon. 
 
 adherents of Mr. Adams, on the ground of his having 
 been one of tJieir party, and that it must be effected at 
 all hazards to perpetuate their ascendancy in the State ! 
 Here the worst of passions were addressed. Men, prin- 
 ciple, the safety of our institutions, and the honor of 
 the people, were all asked as a sacrifice to party spirit 
 and party purposes, and a large portion of the people 
 called upon to fill the first office under their government, 
 by giving their votes to a man, whose perfect insignifi- 
 cance, obscurity, and want of capacity, had until then 
 conspired to prevent them from ever before hearing his 
 name pronounced, or his existence mentioned ! The 
 declining fortunes of federalists, and of the few old 
 republicans now connected with them in the manner 
 already detailed, could not but be apparent in such des- 
 peration. No event, to be sure, since the election of 
 electors in November preceding, (when the federal party 
 in Maine counted about two, to one opponent,) could show 
 mathematically or in numbers that they were decreasing. 
 But there was a feeling pervading the people — a re-action 
 upon national politics in favor of the "Military Chieftain," 
 caused by the strong majority in the nation that had 
 declared in his favor, which struck discouragement 
 home to the bosom of almost all opposed to him, and 
 impressed them with a proper sense of their impotency. 
 The idea that they were, nevertheless, a majority in the 
 State, was not enough to outweigh this insignificance of 
 their party in a national view. This conviction sat upon 
 them heavy, and disheartened them more and more, daily. 
 And although they could not see in numbers the constant 
 decrease of their party, yet they felt it sensibly, and, what 
 was worse, they felt that it must continue to decrease 
 until the end of President Jackson's administration, 
 unless some signal blunder, or unexpected act of violence 
 on his part, should occur to check his great popularity. 
 
 These considerations, founded in reason and the nature 
 of things, warned those who were most interested, to be 
 active, and even desperate, in their endeavors to keep 
 their party together. From the great disproportion of 
 their number, to the number of tlie republican party, it 
 was their calculation that, with all their losses and tiie 
 inevitable falling oft' of men, they should be able still to 
 retain the State government in their hands at least one 
 
A'omination of J\fr. Smith. 10 
 
 year. And, peilini)s, bj- managing prudently tlic inllu- 
 ence and patronage ol" the varitjus otiiccs that would bo 
 at their disposal, in c'aso of success, they might be able to 
 protract their ascendancy even longer. Events have been 
 so strangely conlrulled as to make good the first part of 
 these calculations; though it is now quite apparent, that 
 neither prudence, inlluencc, nor the patronage they 
 bestow, can luHil tiie rest. 
 
 The republican party in the legislature, were not in 
 the mean time, less sensible of the prospects opening 
 and growing daily for them in State politics, than they 
 were rejoiced at the success of their labors upon a 
 broader scale. They, however, took it ui)on them- 
 selves to do no more, by way of selecting a candidate 
 for the office of Governor, after Governor Lincoln had 
 declined a re-election, than to recommend to the people 
 a State Convention, to be holden at Augusta on the 
 tenth of June. This was unquestionably the most re[)ub- 
 lican method of selecting a candidate — it was virtually 
 leaving to the people the business that belonged to them, 
 and which came not within the province of their repre- 
 sentatives in the legislature. A Convention* was accord- 
 ingly assembled, which in point of numbers, respectability 
 and popular confidence, was not surpassed by any that 
 had preceded it, since the separation of the State from 
 Massachusetts. This Convention, after one ballot, unan- 
 imously acrreed on the nomination of Hon. Samuel E. 
 Smith, of W iscasset, — a man of high literary and scientific 
 attainments, of gentlemanly deportment, mild disposition, 
 unsullied reputation, and one who had ever since the 
 organization of the State, retained the highest confidence 
 of the people, by his prompt and impartial discharge of 
 the duties of a Judge of the Court of Common Pleas. — 
 Before his elevation to the bench, he was for several 
 years member of the legislature of Massachusetts, and 
 filled otiier minor offices — j)rofessing and practising at 
 all times the doctrines of the republican paity. In the 
 absence of high party excitement, the nomination of such 
 a man would have met with universal approbation, as his 
 election would reflect honor upon the government and 
 
 'Each town or district \va3 rec^iiested to send double the number each town 
 ■was entitled to send Representatives in the iStute Legislature Two hi'NDKED 
 Mii) FOKTy ONE delegutei? atti-nded. 
 
20 Charged against Mr. Huntoon 
 
 people of any State. As it was, nothing could be urged, 
 against his election, except his being of the republican 
 party, and not opposed to the national administration. 
 
 The electioneering canvass was conducted on both 
 sides with spirit and untiring perseverance. Sundry 
 charges of quite a serious nature, adduced against the 
 moral character of Mr. Huntoon, incurred while he was 
 yet an obscure individual, helped very much to aggravate 
 the excitement. Whether true or false, it was ajjparent 
 that those who brought them before the public, honestly 
 believed them to be true — as they fearlessly challenged 
 Mr. Huntoon* to an investigation of them before the 
 Grand Jury, sitting about that time in Augusta, near his 
 own residence; the decision of which might have brought 
 a criminal prosecution against the authors to a close 
 before the election, and thereby tested the guilt or inno- 
 cence of the accused, in the presence of the people. f 
 Mr. H., however, concluded rather to rely on the violence 
 of the times for success, than to stir any points in his 
 own character, upon which his opposers had proposed 
 to let the election through the State turn. He, or his 
 partizans for him, had discretion enough to perceive, that 
 nothing short of an era of disjointed circumstances, or a 
 political convulsion, could have brought him thus prom- 
 inently before the public, and that recourse to the 
 ordinary means of support or defence, would be sure to 
 destroy or to allay the commotion which of itself must 
 either make, or break forever, his political fortunes. He 
 was like a body that had been forced up by a whirlwind, 
 and now compelled to ride upon it, or to fall from its 
 elevation back into its primitive obscurity. If we regard 
 his temporary success only, which was all that his parti- 
 zans cared for, perhaps his silence touching the charges 
 against him was advisable. But most men desirous of a 
 permanent reputation, if innocent of crime, would turn 
 
 *He spells his name Hunton, but pronounces it, we learn, as his family have 
 .for the most part always spelled it — Himtoon. 
 
 fThe charsres against Mr. Huntoon drove his partizans almost to madness. 
 One Mrs. Delia Bodge, a sister of Mr. H's first wife, at the request of some one, 
 gave her depositien in support of some of the charges, fTom personal knowledge 
 of their truth, as she testified. This so incensed many of the federalists, tliat 
 they sacrificed their votes by giving them to her name, as their best method of 
 "Wreaking their vengeance. A puny contrivance to be sure. In Portland, espe? 
 oially, among the votes for County Treasurer, were only 23 for William Lorcj-, 
 the standing federal candidate, and ?iinety-?im€ for Delia Bodge ! 
 
Stale of Parties in the JtoicSc. 21 
 
 from both the honors and emohimciits of otiicc in disgust, 
 rather than have the odium of a foul cliaraotcr attaching 
 to them, and jxiUuting their stations. 
 
 But our limits permit us to take only a cursory view of 
 the electioneering canvass. The result of it will be 
 unfolded as we sketch the proceedings of the Legislature 
 of 1830. The choice of Senators in the several districts, 
 and of Representatives in every town, was contested with 
 not much less warmth than the choice of Governor, by 
 the same parties and upon the same grounds. And such 
 had been the constant growth and increase of the friends 
 of the new national administration, or the republican 
 party, since the preceding annual election (in 1828) that 
 the federal party were quite alarmed after the election, lest 
 they should be thrown into a minority at the approaching 
 session of the legislature, altiiough they numbered in the 
 Legislature of 182 J, a majority of more than two to one 
 over republicans ! 
 
 CHAPTER IV. 
 
 Meeting of the Legislature of 1830. — State of Parties. — 
 Purging the House. — Case of Andrew Roberts. 
 
 So great had been the increase of the republican party, 
 .„o/% and that increase was so sensibly felt in all parts 
 of the State, that it was equally uncertain, until 
 the meeting of the Legislature in .January, whether any, 
 and, if any, which candidate had been elected Governor, 
 or which party would have the ascendancy in the govern- 
 ment. The observant and experienced of each, knew 
 full well that now, as at most other periods when partic? 
 are near an equipoise, there were a few weak-minded, 
 faint-hearted, timid men in the House of Representatives, 
 ambitious of popularity and supposing it to be acquired 
 easiest by sailing in the strongest current, who could not 
 be safely relied on by either party. All foresaw that, 
 upon the vote of these, in all probability, would depend 
 the result of the first, and every succeeding trial of 
 strength between the two parties, as in fact it turned out 
 
22 Merchantable Representatives. 
 
 Many efiorts were consequently made by each party, to 
 draw in this floating lumber, to themselves. Large* 
 promises were what most probably prevailed in the end, 
 and determined the character of a long chain of events 
 that succeeded. It is just to remark here, however, that 
 the constituents of these men would have experienced no 
 small share of mortification, could they have been made 
 sensible of the degree of distrust and contempt with 
 which their representatives were regarded by the members 
 of both parties, and by an observant public. It would be 
 safer for a town, as a general rule, to be without a repre- 
 sentative, than to entrust important interests to the charge 
 of weathercocks, who thus become the sport of every 
 man's breath, and the tool of any demagogue that may 
 mark them for his purposes, A proud and intelligent 
 people should scorn to be thus represented, A man of 
 decision, who can be found on the one side or the other, 
 undisguised, may be trusted, and therefore will be 
 respected, by friend and opponent, though destitute of 
 other distinguishing traits of character. But the man 
 who whiffles and turns, first to this, and then to that party, 
 
 * Mr. Charles, of Fryeburg, was one of the number who filled up the charac- 
 ter of a " twaddler," to perfection. It so happened, however, that he arrived 
 in Portland, with Speaker Goodenow's recommendation of him to the office of 
 Register of Probate in Oxford, one day too late 1 Tliomas Clark was nominated 
 by Air. Huntoon, the day before Mr. Charles furnished evidence ui his claim to 
 the office, which, however, was not the fault of Mr. G. and could not be alleged 
 as any breach of promise on his part. 
 
 The following article from the Augusta Patriot, of April, 1830, will also throw 
 more ligiit upon this subject : — 
 
 "It will be recollected," says the Patriot, " that before the organization of the 
 last Legislature, great doubt existed as to the votes of Messrs. Searle of Nor- 
 ridgewock and Weeks of China. The Republicans were confident of receivmg 
 their support, and were not a little surprised when they saw these men acting 
 with the Huntoon party. Strong suspicions were entertained that foul play had 
 been used, and subsequent events have shown that those suspicions were not 
 groundless. When Mr. Searle went to Portland he was decidedly in favor of 
 the re-appointment of his personal friend, Jonas Parlin, Jr. Esq. to the office of 
 Sherift' of Somerset. He had not been in Portland many days when his views 
 changed, or rather were changed, and he himself became a candidate for the 
 .same office — a thing he had nevtr thought of before he left home. Petitions for 
 him were immediately circulated throughout Somerset, and every eftbrt was 
 made to insure his appoinUuent. Now whether any promise was made that 
 Mr. Searle should be Sheriff in the event of Mr. Huntoon's success, we do not 
 pretend to say — We merely state the facts and leave others to draw their own 
 conclusions. But in the case of Mr. Weeks we have still clearer evidence that 
 promises were not spared in procuring and retaining a majority for Huntoon in 
 the last Legislature. We know that Judge Greene, the late Marshal, last winter 
 promised to give Mr. Weeks the privilege of taking the census in five towns. 
 This looks so much like u^ing tlie influence of office tor electioneering purposes, 
 that we hope our neighbor of the Journal will notice the fact in his next article 
 upon " rewards, punishments, &c." 
 
Jleeting of the Legislature. 26 
 
 courting both and betraying both in succession, soon 
 acquires, as he justly merits, the contempt of all, be iiis 
 other qualities what they may; and his constituents 
 thereby lose their influence almost entirely, in the coun- 
 cils of the State. 
 
 The Legislature met on the sixth day of January. Great 
 anxiety was felt at this time, both in and out of the two 
 branches, to know the state of |)arties. It had ever been 
 the practice before, on the call of the House to order, to 
 proceed to the choice of a chairman first, then to form a 
 committee to receive the credentials and report the ninn- 
 ber of members returned, for the purpose of ascertaining 
 if a quorum had met ; and next to inform the Governor of 
 their readiness to take the oaths of office. After these 
 preparatory steps, and the oaths of oflice had been ad- 
 ministered, the choice of a Clerk, and then of the Speaker, 
 had been invariably the business next in order, as essen- 
 tial to a proper organization of this branch. Without the 
 choice of these two officers, neither the Senate nor the 
 House had ever been considered as constitutionally orga- 
 niz.ed to transact any business. But ere the Legislature 
 of 1830 had passed through these first stages, it was obvi- 
 ous that they had fallen upon entirely new, if not alto- 
 gether evil, times. Something more than ordinary usages 
 were perceived to be necessary by one party in the 
 House, to ensure them the choice of Speaker, which is 
 regarded by every party, for party pmposes only, as an 
 important point to gain. The federal party were not 
 prepared to abide by precedents, and to go forward to the 
 usual first trial of strength in the election of Speaker. 
 They had ascertained with sufficient certainty to excite 
 their fears at least, that they should not have a majority 
 of all the members returned, unless the House could be 
 purged of one or more individuals, who were obnoxious 
 to them, and unless a like number could be intimidated 
 by some bold stroke at management, or coercion. But 
 for either of these, at that early stage, the opposite or 
 rei)ubliran party were in no degree {)repared. Relying 
 upon the justness of their cause and purposes, and not 
 supposing that the precedents of many successive years, 
 against the soundness of which no suspicion had been 
 known to exist, would be violated for mere party designs ; 
 and much less, that the principles upon which they had 
 
.'2A Purging the House. 
 
 been based, would be entirely set at nought, the republi- 
 can party expected and wished only a fair expression of 
 the people's will, through the representatives then assem- 
 bled by virtue of the constitution, and the credentials they 
 had derived from the people. They were therefore taken 
 by surprise, in the course proposed by their opponents. 
 The times had become desperate for the latter, and fede- 
 ralists saw it to be the last opportunity they should prob- 
 ably have, of making any thing like an equal struggle 
 with their conquering rivals. Their number, which in 
 the Legislature of the preceding year was double that of 
 republicans,* they saw diminished now perhaps, to a mi- 
 nority. The end, and not the means to be employed, 
 engaged, therefore, their whole study. They appeared 
 to resolve, first, on setting up their own will and wishes 
 as the standard of the will and wishes of the people, and, 
 to this, to compel every thing to bow — peaceably if it 
 would, or forcibly if it must. Men, precedents, laws, and 
 even the constitution itself, in despite of its sacred char- 
 acter, were severally to be reduced by force, or by 
 construction, as circumstances might require in the pro- 
 gress of their purposes. 
 
 The Housef was called to order by Mr. Smith, J of No- 
 bleborough, and Mr. White, of Monmouth, was elected 
 Chairman. The usual motion was then made, to form a 
 committee ta receive the credentials of members present, 
 for the purpose of ascertaining if a quorum was present. 
 After this committee had been appointed, Mr. Bourne, 
 of Kennebunk, for many years an active partizan of the 
 federal party, moved to instruct the committee to report 
 the names of such members as appeared to be duly retur- 
 
 'This note was clesi2;ned to come under page 17 , but will iint be amiss here, 
 to show the change in ilie state of parties. 
 
 The votes in the organization of the Senate, were 15 out of 17 for Mr. Cutler. 
 In the House, for Speaker, the votes were 97 for the federal candidate, to 44 
 for the republican candidate, and three scattering. During the session there 
 was evidently some considerable vascillation on the part of several, who felt not 
 at home in the federal ranks. Forty-one was the true imniber of sterling and 
 undeviating republicans at the commencement. Nevertheless, on the question 
 of appointing the old Portland Gazette the State paper, instead of the Eastern 
 Argus, the federalists could muster but 79 votes, to 53 on the republican side. 
 This last is believed to be the greatest republican vote given during the session. 
 
 t We say ''the House," altlTough not organized. The members, in fact, con- 
 stitute but a convention, for the purpose. of choosing a Clerk and Speaker only, 
 previous to their organization. 
 
 t The reader will discover to which party the several gentlemen whose nameE 
 we shall have occasion to use, belonged, by referring tu the list of yeas and nave 
 tunushed in the secjuel. 
 
Case of .hidreio Roberts. 25 
 
 tkkI, wiih the nainos of their respective towns or districts, 
 and a statement of facts on such as ajjpeared to be in any 
 way irregular. 'J'his motion struck all who were not 
 let into the desiijjn of it, as novel and unprecedented. 
 But it was, nevertheless, ()ermilt(jd to pass without o|)po- 
 sition. From the amount of labor, and unusual investi- 
 gation thus imposed upon this first committee, the House 
 was soon informed that a report c«juld Jiot be made until 
 the afternoon. It therefore adjourned until the altcr- 
 noon, without elVecting any other business. 
 
 In the afternoon, tlie committee reported the names of 
 all the members, with a j)articular statement of facts in 
 relation to a lew, whose names were not added by the 
 committee to the list of members duly returned, within 
 the meaning of the instructions given to the committee. 
 Among these last, was the name of .Indreiv Roberts, of 
 AVaterborough. He was known to all to be a member of 
 the republican party. To his certificate, the committee 
 reported one exception only. It was, that the certificate 
 stated that the meeting of the town of VVaterborough, 
 holden on the 14th of September, for the choice of repre- 
 sentative, Slc. "was adjourned by Andrew Roberts," 
 chairman of the Selectmen, until the 15th, when Mr. R. 
 was elected. The Ibllowing is a copy of his certificate. 
 
 "STATE OF MAINE. 
 
 At a Iciral nieetiiijr of tlic riilial)itants of the town of Waterbo- 
 roiiiili, ill llio County of York, qualified l)y the Constitution to vote 
 for Kejucsontatives, iiolilm on the second Monday of fSepteinher, 
 tieiiii,' tlie fourtecntli (hiy of said month, in llie year of our Lord one 
 thousand ci^iht Inniilred anil twenty-nine. 
 
 The said Iidiaiiitants gave in their vote>! for a Rcprescniative to 
 represent them in tlie Leirislatnro of the State, and tlie same were 
 received, sorted, eounted and (ierlared in open town meetinir hy the 
 Selrcfrnen who presiiled ; and in presence of the town Clerk, who 
 formed a list of the persons voted lor, and made a record tlierenf 
 as follows, to wit : 
 
 First Ballot. Second Hallol. 
 
 For Andrew Roberts, ninety one. one liundred & nineteen. 
 
 " Henry llobbs, ninety. ninety one. 
 
 " John Hill, Jr. twelve. three. 
 
 " Paul Cliadbourn, sixty five. fillv-six. 
 
 " Sanniel E. Smith, one. 
 " John Bodwell, two. 
 " Abijali Ifsiier, two. 
 " Nathan D. Appletmi, two. 
 " Orl.iiido IJacflev, twentv live. fivf., 
 
 4 ' 
 
2ij 
 
 Purging the House. 
 
 For 
 
 Third Ballot. 
 
 Fourth Ballot. 
 
 one hundred and seven, 
 
 seventy seven. 
 
 fifty three. 
 
 two. 
 
 fifteen. 
 
 Andrew Roberts, one hundred & twelve. 
 For Henry Hobbs, ninety one. 
 
 " Paul Chadbourn, fifty seven. 
 
 " Orlando Baglej^, four. 
 
 " VVilliaui Bearing, Jr. 
 
 Fifth Ballot. 
 For Paul Chadbourn, forty-nine. 
 " Henry Hobbs, seventy. 
 " Andrew Roberts, one hundred & two. 
 " William Bearing, Jr. twenty three. 
 
 This meeting is adjourned by Andrew Roberts until nine o'clock 
 to-morrow. 
 
 Tuesday, September 15th, 1829. Met according to adjournment 
 and voted as follows: 
 
 First Ballot, on Tuesday. Second Ballot. 
 
 For Andrew Roberts, thirty seven. fifty one. 
 
 " Eld. James Gray, twenty four. nine. 
 
 " Eld. Henry Hobbs, twenty two. twenty three, 
 
 " William Bearing, Jr. four. two. 
 " Ramsdell Tripp, one. 
 
 " William F. Burnham. one. 
 " John Hamilton, one. 
 
 " Paul Chadbourn, one. three. 
 " Orlando Bagley, one. 
 
 A NBREW ROBERTS,) Selectmen 
 ORLANBO BAGLEY, V of 
 JOHN HILL, Jr. > Waierborough . 
 
 Attest — Orlando Baglev, Town Clerk. 
 
 Spr7-ela7'y of Staters Office, ? 
 Portland, May.'ith, 1830. J 
 I hereby certify that the foregoing is a true copy of the original 
 now on file in this office. 
 
 Attest EBWARB RUSSELL, Secretary of State. 
 
 Mr. Smith, of Nobleborough, moved to admit Mr. 
 Roberts to his seat, by adding his name to the bst of 
 members duly returned in the report of the committee. 
 Now came the first developement of party violence. The 
 great design of Mr. Bourne's instructions to the committee 
 was now made apparent. Mr. Smith's motion was forth- 
 with opposed by Messrs. Goodenow, of Alfred, Bourne of 
 Kennebunk, Smith of Newfield, Boutelle of Waterville, 
 and Adams of Portland — each of whom, save the first, 
 had for years been undisguised federalists and pioneers 
 of the federal party. The first had also given in his ad- 
 hesion to that party, for purposes of self-aggrandizement. 
 
Case of Andrew Roberts. 21 
 
 such as republicans had refused to countenance so long 
 as he remained with them. On the other side, Mr. S's 
 motion was advocated with no less spirit by hmiself, 
 Messrs. Burnham of Orland, and Ruggles of Thomaston — 
 all of whom had been from their boyhood the untiring 
 supporters of demoeracy. From the political characters 
 of these leaders in this first skirmish, the inquiring ob- 
 server coulil readily discover the distinctive characters of 
 the two parties, although it was about this period that the 
 members of the party headed by Messrs. Boutelle, Adams, 
 &-C. began to assume the title oi JVational Republicans, 
 in order to evade the more significant title of federalists. 
 But it mattered little by what name they styled their 
 party, so long as they displayed to the people an unbrok- 
 en body, determined not to be scattered or to abandon 
 their purposes, and equally determined against falhng 
 into the ranks of the republican party ; or, in other words, 
 determined to oppose the republican party at every turn. 
 The motion of Mr. Smith upon Mr. Roberts's claim to 
 a seat in the House, was of a Je/ens we character entirely, 
 whether we look to Mr. R's personal rights, or view the 
 subject in the light of its etiect upon the republican 
 party, or whether it be considered with reference only to 
 established principles, and the preservation of salutary 
 PRECEDENTS. In tlic first place, it was not disputed, that 
 the town of Waterborough was entitled to one Represen- 
 tative in the House, nor that Mr. R. was the only indi- 
 vidual who had, or pretended to have, any show of au- 
 thority from that town to represent her in the Legislature. 
 Under these circumstances, although his credentials might 
 appear defective in either form or substance, it was in 
 violation of all precedent, and subversive of both Mr. R's 
 personal rights and the corporate rights of Waterborough, 
 to withhold from him the privileges of a member, before 
 the usual committee on contested elections had bestowed 
 upon both sides of the subject the investigation customary 
 in such cases. It was wrong in principle to do so, and 
 arbitrary in the extreme. For the act of depriving a 
 town of her representative, or of even deciding upon tiie 
 construction to be put upon a certificate of election, 
 emanating from the proper ofiicers and authority of a town 
 to give it, is a piece of legislation as high in its character, 
 :ind ns .folemn in its operation, as is that of passing a law, 
 
26 Purging the House. 
 
 or resolve, to be binding upon that or any other town, 
 [t consequently stands to reason, and is the decision of 
 common sense, that as perfect an organization of the 
 House is required to do the one act, as to do the other. 
 No one can be so preposterous as to contend, that the 
 House, or members elect of the Legislature, can properly 
 pass a law or resolve before they have organized as the 
 constitution requires, by the choice of a presiding and 
 recording officer. How then can they properly pass, at 
 such an miperfect stage of their being, upon the no less 
 sacred and important rights of this or that town, by sitting 
 in judgment upon the person, or credentials of the per- 
 son, appearing as her representative? 
 
 To test this matter further, let the reader look to it 
 from another side. H the House had authority thus, 
 while in its unorganized state, to reject unconditionally 
 the credentials of a member, so as to deprive him of a 
 seat J the House, of course, must be admitted to have, at 
 the same early period, the corresponding authority to 
 confirm unconditionally the credentials of a member, so 
 as to establish to him a seat, beyond every thing except a 
 vote of expulsion or impeachment. In other words, the 
 decision on the rights of different members, IF it can be 
 properly made at that early stage, must operate to con- 
 firm those of the accepted, without condition, as fully and 
 effectually as it does to reject those of the non accepted; 
 so that neither, each being absolutely and uncondition- 
 ally disposed of then, can be properly subjected to, or 
 fall within the reach of, a second adjudication. But this 
 reasoning would establish the greatest of absurdities — 
 viz: — that the House, when unorganized, has greater 
 power over the elections of its members, than the House 
 lias when organized ! 
 
 The absurdity of this last position lies not in the prin- 
 ciple, but in the application of the principle. If the ap- 
 plication be unwarranted, then the reasoning from it must 
 be admitted erroneous. We will test the application. 
 
 Whenever the principle of delegating power to the 
 House in its unorganized state, will apply, thei'e the 
 House, in its unorganized state will be allowed by all to 
 have greater power, than the House has when organized. 
 The House, for instance, when not organized, has the 
 power to elect a Clerk, or Speaker. This election the 
 
( (t.se of .imlreiv I^oherts. 29 
 
 House cannot al'torvvarcls annul, nor undo in any degree. 
 Anduhy? Bocau>^e the nkckssity of the case renders 
 that po\V€r essential to the House in its then inij^erfect 
 state, and the princple of exclusive jurisdiction therefore 
 applies. But as to the election of members, and all otlier 
 matters, no such necessity exists; and therefore the prin- 
 ciple of exercising exclusive or any other jurisdiction 
 over them, by the House, while unorganized, (loes not 
 apply. Hence, too, is it improper and unjustifiable, for 
 tiie House, under such circumstances, to exercise it. 
 For the same reason, all practice and precedents in this 
 State were against it. But this power is what was pro- 
 posed to be exercised by the federal party, through the 
 instruction of Mr. Bourne's motion to the first committee 
 on credentials. And Andrew Roberts's rights, as the re- 
 presentative of Waterborough, were the first marked to 
 fall under it. To defend him and his rights, against such 
 a novel claim of power, and such a novel tribunal as were 
 the members elect of the Legislature previous to their 
 organization, the motion of Mr. Smith was made. 
 
 It will be perceived that the certificate of Mr. Roberts 
 was in the regular and usual form, and signed by the 
 proper certifying officers of the town, and could be ob- 
 jected to only because it said the meeting on the 14th 
 was "adjourned by Andrew Roberts." Mr. R,oberts 
 stated, that a vote of the town to adjourn was first passed, 
 and that he only declared, in accordance with said vote, 
 the meeting adjourned ; and that the town clerk stated 
 the fact on the record and in the certificate, that Mr. R, 
 declared the meeting adjourned, because it was denied 
 that the town could adjourn a meeting beyond the day 
 designated in the constitution, for the purpose of electing 
 a representative. The object of the clerk was, amid this 
 difference of opinion in regard to the powers of the town 
 as to an adjournment only, to show by which of the presi- 
 ding officers the meeting was declared to be adjourned. 
 Such afterwards appeared to be substantially the fact. 
 
 It was contended against Mr. Smith's motion to allow 
 Mr. Roberts to retain his seat, that the 15th of September, 
 the day on which Mr. R. was elected, was the day ap- 
 pointed by law for military review and inspection, and 
 that by the constitution elections of civil officers could 
 not be made on that day. Also, that as the meeting was 
 
oO Purging the House. 
 
 adjourned to nine o'clock in the morning, and as the law 
 provides that meetings for the choice of State officers 
 shall not be called until eleven o'clock in the forenoon, 
 in towns not having five hundred voters, and that as 
 Waterborough had not that number, therefore the meet- 
 ing on the 15th, was void, and its doings, including Mr. 
 R's election, were all of no effect. It was tijrther con- 
 tended, that if the meeting could have been legally 
 holden on the 15th, contrary to the beforenamed argu- 
 ments, still there was no legal adjournment of the meetmg 
 holden on the 14th, inasmuch as Mr. R's certificate shew 
 it to have been adjourned by an individual, who, as an 
 individual, though a presiding officer, had not authority so 
 to adjourn a town meeting ; — under these circumstances 
 the meeting, it was contended, was dissolved, on the 
 14th, and n<it adjourned to the 15th. 
 
 On the other side it was contended, that Mr. Roberts's 
 certificate was frima facie evidence of his right to a seat, 
 and sufficient to entitle him to it, until the committee on 
 contested elections should investigate his election by the 
 usual rules and at the usual time, when all sides could be 
 heard, and justice rendered certain. That, a town, if 
 once legally assembled in town meeting, had full power 
 to adjourn their meeting to any day, or to any hour of 
 any day, they might select. That, an adjourned meeting, 
 though holden on a day subsequent to that on which it 
 was originally called, had ever been recognized, and was 
 in fact, as the meeting of the first day. So the business 
 transacted by our courts on any day of the term is con- 
 sidered as transacted on the first Tuesday, third Tuesday, 
 or on whatever day the court first met, instead of on the 
 day when it actually was transacted. That, the law regu- 
 lating the hour on which the meetings shall be held in 
 particular towns, applied not to the meeting on any ad- 
 journed day, but to the calling of the meeting on the first 
 day. A town has an unquestionable riglit to continue its 
 meeting, after being once properly called, through the 
 night until eight, nine, or ten o'clock of the next day j 
 and by the same right, may adjourn over night to either 
 of those hours, and neither the law regulating town meet- 
 ings, nor the law regulating military trainings, can deprive 
 a town of these constitutional rights. It was further 
 contended, that the certificate need not show that the 
 
Case of Andrew Roberts. 6 1 
 
 town passed a vote to adjourn the meeting. Such a vote 
 was always presumed from tlie subsequent meeting and 
 acts of the town. Tliat, the certificate did not show the 
 meeting to have been adjourned by Mr. Roberts, as chair- 
 man of the Selectmen and presiding officer of the town, 
 without a vote of the town; and therefore, it sliould not 
 be presumed that he did so, even if he had not declared 
 to the House that such a vote was previously passed by 
 the town. The certificates of other members present, 
 who had been elected at an adjourned meeting of their 
 respective towns, were not required to show that a vote of 
 adjournment was formally passed by the town ; and there- 
 fore Mr. R's certificate should not be required to do so, 
 nor rejected because it does not show that fact. That, if 
 there was as much in his certificate as in the certificates of 
 other members, then it should not be called in question, 
 more than those of other members. That, if there was 
 more in it, than in the certificates of the other members, 
 so much should be passed over as surplusage, until the 
 committee on contested elections could give it the usual 
 investigation, and ascertain whether such surplusage was, 
 or was not, fatal to the election made by the town. Fur- 
 ther, that it was premature to go into an investigation of 
 Mr. R's right to a seat, before the House was organized. 
 That, to do so was contrary to all precedents — without 
 any authority to justify it, and subversive of the rights of 
 both representative and constituents. 
 
 It was farther avowed,* on the other side, that the 
 course adopted to purge the House, had been suggested 
 by the known equality of the two parties, and that the 
 object was " to preclude any individual from voting in the 
 organization of the House, without an undoubted right to 
 a seat." 
 
 The frankness of this avowal was creditable. But the 
 fallacy of the argument, and the injustice of the object it 
 disclosed, were not deep from the eye of the observant 
 spectator. The immediate and previous organization of 
 the House might have been urged by Mr. Roberts, or his 
 friends, "to preclude any individual from voting" on the 
 question of his election or his rights " without an un- 
 doubted light to a seat," with as much propriety as the 
 proposed system of purging the House could have been 
 
 * By !Mr. Bourne, of Kennebunk. 
 
o2 Purging the House. 
 
 urged, to preclude any such from voting in the organi^o- 
 tion. The organization came as properly before decisions 
 on contested elections, as contested elections could 
 before the organization. The principles that might be 
 involved in the contested election of Mr. Roberts, could 
 not be presumed to be less important or less sacred, and 
 certainly not less deserving of constitutional protection, 
 than any principle that could be involved in the choice 
 of Speaker ; so that the latter might have been urged upon 
 the decision of the House first, with as much propriety, 
 to say the least, as could the former. And with far more, 
 when it is considered that all precedents were in favor of 
 it, and that the House, until organized, ha? no express nor 
 implied authority from the constitution, to meddle with 
 any business except that of electing its presiding and 
 recording otficers. Upon the plain principles of common 
 sense, such as strike every man's understanding alike, the 
 House is as incompetent to proceed on any business invol- 
 ving the rights of any portion of their constituents, or of 
 the people, until after it has elected an officer to preside 
 over and another to record its proceedings, as a ship is to 
 proceed on a voyage, before she has a rudder and helms- 
 man to steer, and some other man to keep reckoning of 
 her course and distances. 
 
 From a suggestion, dropped in the course of the 
 argument upon the subject, that the members of the House 
 had not taken the oaths of office, and were not therefore 
 qualified to act as legislators, Mr. Boutelle saw the pro- 
 priety of adhering a little to the requirements of the con- 
 stitution, and moved an order, which was in the latter 
 part of the day, to send a message to the officiating Gov- 
 ernor, that the members of the House were ready to take 
 the oaths required by the constitution. As this motion 
 was in conformity to usage, and appeared somewhat like 
 getting the House back into the proper business of the 
 session, it met with a ready concurrence from the repub-. 
 lican party. A message was sent accordingly, and the 
 oaths shortly afterwards were administered by the Gover- 
 nor. But the debate was then resumed upon Mr. Roberts's 
 claims, and continued until evening, when the House 
 adjourned, without attempting a choice of either Speaker 
 or Clerk ! — an occurrence which never before took place 
 under our government. This, however, was but the be- 
 
Case of Andrew Roberts. Jo 
 
 ginning oi' delay in the proper business of the session, and 
 the beginning of a series of measures without precedent, 
 mainly designed to obtain an ascendancy in the govern- 
 ment for a particular party, at the expense and to the 
 neglect of the peo[)le's interests. 
 
 CHAPTER V. 
 
 Case of Andrew Roberts, continued. — Case of Sivieon 
 Fowler, Junior. 
 
 Om the next day, the consideration of Mr. Smith's mo- 
 tion was resumed. The relative importance of a fair, full 
 and just decision on Mr. Roberts's election and the rights 
 of the people of Waterborough, on the one hand ; and of 
 the choice of Speaker on the other, was comi)ared, and 
 the ])revious nature of the latter ably set forth by the 
 republican Members. They urged, too, the propriety, 
 the expediency, and the justice, of not acting upon the 
 subject of Mr. R's election at that unusual stage of the 
 session, and before the House had been organized, or any 
 recording officer elected to keep a record of their pro- 
 ceedings. The adverse party were beseeched to pause — 
 to contem]ilate the danger of such a precedent — the vio- 
 lence t:)f the proposed measure — the impossibility of going 
 into the merits of the case then, wlien Mr. Roberts could 
 not be permitted to explain by testimony the real mean- 
 ing and occasion of the doubtful passage in his certifi- 
 cate. They asked, was such a proceeding ever before 
 heard of? ever before witnessed in the hall of any legis- 
 lative assembly ? Did party spirit and desperation ever 
 before project such a movement .'' Could the people be 
 prepared, whatever might be the intrinsic merit of Mr. 
 R's claim, to see the whole volume of precedents, accu- 
 mulated and found salutary by years of experience — could 
 the people be prepared to see these all set at defiance, 
 overturned and destroyed, only to serve the purposes of 
 one party, or to weaken the numerical strength of the 
 other? For this alone was confessedly the design of pur- 
 ging the House at that imperfect stage of its organization. 
 5 
 
34 Purging the House. 
 
 But it was vain to argue. The measure had been ma- 
 turcd in \\\e private meetings of the adverse party, out of 
 the House,* and u^as not to be defeated by argument, by 
 persuasion, nor by any thing short of physical force. 
 Every man of them was pledged to support it, let what 
 might be said. The House was to be purged of some one 
 or more of the republican party, or their own ascendancy 
 migiit yet be secured. Accordingly, about eleven o'clock 
 in the forenoon, the question was taken by yeas and nays 
 as tbllows : — 
 
 YEAS. — York Covnty. — Wedgwood, Spinney, Bradbury, J. T. 
 Chase, ("lark, Lord, Kezar, Goodwin, Roliert^j, (\ Cliase. — 10. 
 
 Ciimbtiicmd. — Larrabee, Rideout, VV heeler, VVoodbnry, Strout, 
 Morrell, Mann, Latham, Stincliliehl, Waterman, Jordan, Fogg, 
 Sliaw, Bishop. — 14. 
 
 Lincoln. — Liniien, Smith, VV atts, Ruggles, Lermond, Andrews. 
 Tiion)as. — 7. 
 
 Hancock. — Thomas, Burnhain. — 2. 
 
 Wiishhigton. — Cliandltir, Far lis worth. — 9. 
 
 Kennebec. — .lolmsoii, Moward, VVliite, Morse, Brid<r]iam — 5. 
 
 Oxford. — Miitriiiijson, Frost, Howard, r-mall, Barnard, Tobin, 
 Perry, Cole, Bonney, Nevers, Howe. — II. 
 
 Somer.'^et. — Bartlett, Bean, Patterson. — 3. 
 
 Penoh.scot. — Kelse_\, Bartlelt, Emery, Lf.wiiey.— 4. 
 
 Waldo. — Richardson, Laii.bert, Rowe, TiaCton, Goddard, Small, 
 Snow. Glidden, Lennaii, Knowlton, Aklen, Swett, ( arr. — 13. 
 
 Total 71. 
 
 NzW'S. — York Counly. — Goodenow, Shajileigh, Deshoii, Boiirne, 
 Stone, Hill, Sanborn, Smith, Sc.imman, rowers, Gilman. — II. 
 
 Cumb< rUtnd. — Cmtis, VVillet, iVIitchelK Wells, Sylvester, Johnson, 
 Blake, Adams, Swan, l)odi;e. Waterman.— 11. 
 
 Lincoln. — iVLGoun, Hatch, Jaquith. ]VrK'>vvn, Baxter, Sewall, 
 Trask, J. Smith, Tibbetts, Myrick, I'erkins, Shaw, Patterson, Mil- 
 let, I'easlee — 1.). 
 
 Hancock. — Pond, Walker, Allen, Johnson, Crabtree. — .5. 
 
 Waohinglon — Folsom, Movvry, Biitterfield, Hamlen, Freeman. — 5. 
 
 Kennebec. — Severance, French, Weeks, Ames, Adams, < lark, 
 M'GafFy, Scamman, Spaulding, Iloyt, Merrill, Robinson, Boutelle. 
 —13. 
 
 Oxford. — Charles, Par.«ons, Barrel!. — 3. 
 
 Somerset. — Caldwell, Norton, Hntchin.s, Allen, Bartlett, Tliurstoti, 
 Searle, Gceaton. — 8. 
 
 Penob.^C'd.-'KKtu, Clarke. — 9. TFrtldo. — Bennett. — 1. Total 75. 
 
 * The leading inembe^ of tiu- federal party arrived in Porilaiid several days 
 before the sitting of t'le Legi-^'ature, in season to watch tile arrival of every mem- 
 ber of whom they had anv hopes of gaininir to their side. And for the purpose of 
 drilling the force-; more effectually and securely, they monopolized tiie new 
 tavern in Fore Street, so ne days in advance of the -iession. IVo man in the Le- 
 gislature could therefore obtain ucconniio lations of bed or board there, during 
 the session, without iheir consent. It was at this plac3, also, where the federal- 
 ists held their nighty caucnsses, from which tiie house acquired the name of the 
 "Federal Screw Press." 
 
Purging the ] louse. 35 
 
 Thus was corisumnialed an act ofnrbitiary usurpation, 
 and |)r<),scn|>ti()n, that cannot be justified upon any sound 
 principle of puMic poli( y. And thus was a precedent 
 f'oimed, in violation of all precedents known to the jnrov- 
 crnment, or to the people, and a system adopted of ptn-g- 
 ing tlie House of it^ nrnnibers, for party purposes, wliieh 
 was aptly denoininated in debate. Colonel I ride's !*urge.^ 
 It was clearly a miscalculation in the authors of it, wlien 
 they supposed that the candid, dispassionate) and intelli- 
 gent yeomanry of the State, would so far feel the excite- 
 ment of party politcs, as not to discern the dan;2:er of 
 such a proceeding, and such an abandonment of all for- 
 mer land-marks in legislation. It is not Mr. Roberts's 
 individual riirhts, nor the temporary eflfect which his ex- 
 clusion from the House in such a manner, would have 
 upon either party, or u|)on the interests of the State at 
 large, that is calculated to arouse the people's fears and 
 indignation. But the danger of such violence, as a phe- 
 CEDKNT ! To what, if countenanced in one instance, 
 might it not lead, in the course of time ? From less 
 beginnings the most tremendous proceedings have follow- 
 ed in some goveriunents, and ended not but with the 
 subversion of all order, and the consequent miseries of 
 anarchy. It is a lesson of wisdom, taught by another, 
 that " the only rule of government known and acknow- 
 ledged among men, is use and pr.vctice. Reason is so 
 
 * 'F'liirf wiis ill a!'ii-ioii to tlie sciieme of viuleiict; and inju-lice, w irkej by the 
 parti/.aiis of Cromwell, against tlic'r political oppo.-crd in Parliament, us nairu- 
 teil by tlie hi.stiirian H(;mi:, inllie following parajrrapli : — 
 
 " Wlicn the Common- [who were opposed to Cromwell and his abnttors] 
 wfire to meet, [in Parliament,] (,'olonel Pride, formerly a drayman, environed 
 the lli'use with two res;iments ; and, directed by L ird Grey, of <7rol)\ , ho sei- 
 zed in the pas<a2^eyo;7y one Members of the presbyteiian .arfy, arid =enl thfin to 
 a low room which l)a.-^'l'd by the appellation of hull ; whence they were after- 
 ward- carried to several inns. AI)ov(; one hundred and si.xty inember.s more 
 were excluded; and none were allowed to enter hut tiie most fmiong and most 
 determined of the independents ; and these exceeded not the nnmber of fifty or 
 sixty. This invasi.n of tlic parliament commonly passed under tlie name of 
 Colonel Pride's Pnrge." 
 
 Pride's Purjje was quite a favorite project with Cromwell. We find he had 
 '.iccasion to resort to it at another perioil, a few yeur.s after the fir.-t trial of it. 
 The .eaine historian tells us, that in I6.")6, Cr:imwell summoned a Parliament and 
 used variou.^ artifices (not tiustinsr to the good will of tiie people,) "to/i/l the 
 iiouse wielt hfs oio-n cretturen.'' But, c •ntiiuies tlie iii-torian, " Notwithstanding 
 ■ill these precauti'.ns, tlie Protect ir still found that l/ie majority would uot be fa- 
 vornljle to him. He set guards tlierefire on the door, whi permitted none to en- 
 ter but such a.-i produceJa wurv.mt from his own council ; and the council reject- 
 ed iibont a hundred, who eitiier refused a recognition of the protector'.s govern- 
 ment, or were, on other accinnts obnoxious to him. The-e pr'itested asuitist so 
 egregious a violence, subversive of all liberty ; Aut every appLicatic" ''"• r.'-iy^' 
 loas rejected, botli by the council and tlie parliament." 
 
36 Purging the House. 
 
 uncertain a guide that it will always be exposed to d(Hibt 
 and controversy. Could it ever render itself j)revalent 
 over the peo|)le, men had always retained it as their sole 
 rule of conduct. They had still continued in the primi- 
 tive, unconnected state of nature, without submitting to 
 political government, whose sole basis is, not pure reason, 
 but AUTHDRiTY and precedf:nt. Dissolve these ties you 
 break all bonds of civil society, and leave every man at 
 liberty to consult his private interest, by those kxpedi- 
 ENTs, which his appetite, disguised under the aj>pfarance 
 of reason, sliall dictate to him. The spirit of innovation 
 is itself pernicious however favorable its particular object 
 may sometimes appear. '^^ 
 
 In tine, the ])eople must stand firmly by the govern- 
 ment, and THE SALUTARY PRECEDENTS ESTABMSHEt) UNDER 
 
 IT, let party purposes suffer as they may, if the people 
 would have that government, and those precedents, stand 
 by them. 
 
 The name of Simeon Fowler, Jr., who claimed a seat in 
 the House as meml^er elect from Brewer, (Slc, was also 
 omitted in the list of members reported as duly returned, 
 by the before named committee on credentials. The 
 report represented that in said town of Brewer, a part of 
 the votes were given for Simeon Fowler, and a part for 
 Simeon Fowler, Junior, and a part for some other person. 
 Both of the former resided in the same town, and by uni- 
 ting the votes given to both, one of them would be elected. 
 But without such a compound neither was elected. No- 
 thing appeared in the certificate of votes, j)roduced l)y 
 Mr. Fowler, Jr., to show that the votes given for Simeon 
 Fowler, were designed for Fowler, Jr., more than to shew 
 that the votes given for 'Fowler, Jr., were designed for 
 Simeon Fowler. Nevertheless, Fowler, Jr. was known to 
 be pledged to the federal party, and Mr. Kent, of Bangor, 
 thereupon moved to amend the report of the committee 
 on credentials, by inserting the name of Simeon Fowler, 
 Jr. among the names of members duly returned ! 
 
 After the rigid confinement of Mr. Roberts to the evi- 
 dence contained in his certificate exclusively, which was 
 also as susceptible of as fair a construction, to say the 
 least, to support as to negative his election, it was not 
 expected that any pretence would be set up in favor of 
 
 ■*" llmne's Essay " On the Coalition of Parties." 
 
i.'use of Simf07i Fowler, Jr. .'n 
 
 Simeon Fowler, Jr. — he too, as it was supposed from the 
 rul<^ estiiblished in Roberts's cusp, beiny destined to rely 
 on his unexplaini^d certificate altoffcther, to support hii: 
 chiim. His certificate ne<2;itived his tdeetion as plainly 
 and distinctly as it shew that Smieon Fowler and Simeon 
 Fowler, Junior, were two ditfcrent f)ersons. And more- 
 over, it as plainly shew that Sinn on Fowh r. Junior, was 
 not elected, as it <lid that Suncon Fowler, and tli(^ otlier 
 persons voted for w-rc not. But the subject was debated 
 tliiough the remainder of the forenoon, and when the 
 House met in the afternoon, it was resumed. At length 
 tJie motion was lost, by a vote of G6 in the affirmative, to 
 C>S in the negative. 
 
 On seeing the result, Mr. Baxter, of Bristol, a meinber 
 of the federal party, rose and declared that he ha<l voted 
 with tiie majority, but would move for a reconsideration 
 of the vote ! It was evident, that conscience had done 
 her duty to Mr. Baxter, in persuading hnn to vote against 
 iiis party, on the subject of Mr. Fowler's claims; but, 
 that devotion to his party, or the terrors of" The Federal 
 Screw Fress^ in a moment longer, forced conscience in- 
 to the back-ground, and persuaded him to an act. upon 
 ■which, to the latest day of his life, he must look back 
 with feelings of inexpressible remorse. His motion, 
 coming so suddenly upon his last vote, aufl v\hen contrast- 
 ed AVith that and the measure he had just before helped 
 to deal out to Mr. Roberts, exhibited a spectacle of polit- 
 ical, and, we might say, moral turpitude, as abhorrent as 
 the treachery which so soon succeeded "the kiss of Ju- 
 das !" However, he had strained him>elf up to it. and 
 one strange thing was so rapMdly succeeded by another, 
 that republicans had lime only to reflect on the defence 
 they could make to them. A motion was first made and 
 declared to be a vote, to take the question of reconsider- 
 ing, by yeas and nays, that the people might be more 
 accurately inlormed who were for. and wh«) were against 
 therh. But this vote was doubti-d, though imme(liatelv 
 made certain by a division of the House. The Chairman, 
 overlooking the previous question of reconsidering the 
 vf)te whereby Fowler had been refused a seat, i)ut the 
 main question previously settled on the motion of Mr. 
 Kent. viz. to amewd the report of the committee on cre- 
 dentials, by inserting the name of Simeon Fowler, Junior, 
 
3b Purging the House. 
 
 in the list of members dulv returned. On the call of the 
 yeas and nays, .Mr. Fowler Jr. voted in favor of himself. 
 But before the result was declared, Mr. Ruggles, of 
 Thomaston, rightly questioned the propriety of Mr. Fow- 
 ler's voting then, not because it was in his (Fowler's) own 
 case, but because, by the former vote of 68 to 66, he had 
 been excluded from having a seat — and that, as that vote 
 had not been reconsidered, but as the vote then before 
 the House, undeclared, was, or should be, on the question 
 of reversing that vole, he, Mr. Fowler, had not been resto- 
 red to his seat, and therefore had not a right, as yet, to 
 vote. 
 
 Mr. Goodenow, of Alfred, contended that there was no 
 impropriety in Mr. F's voting for him-^elf, and was follow- 
 ed by Messrs. Adams and Swan, of Portland, and others, 
 who contended that the question now before the house 
 was upon inserting Mr. Fowler's name in the report of the 
 committee ; that the question of reconsidering, had al- 
 ready been taken, and that Mr. F. consequently had a 
 right to vote. 
 
 Other gentlemen contended that the question of recon- 
 sideration had not been taken, or not understood. The 
 Chairman remarked, that his own impressions were, that 
 the question to reconsider, on motion of Mr. Baxter, had 
 not been put — but that the call for the yeas and nays, 
 just made and undeclared, was upon tJuit question. He 
 could not, however, be distinct in his recollection as to 
 the nature, or the form, of the questions that had been 
 taken, as the House had no Clerk to note the proceedings, 
 and as so many opinions |)revaded in the House upon the 
 subject, he wished tiie House to determine the question 
 to be considered. Considerable discussion ensued. Mr. 
 Ruggles, of Thomaston, explained the motions and the 
 order in which they had been put. and contended that the 
 question upon reconsidering the former vote had not been 
 put. But to cure all omissions, and to enable the con- 
 vention to proceed without further delay, he moved that 
 the yeas and nays, as taken, and not declared, be consid- 
 ered as embracing both the motion of reconsideration, 
 and the motion of amending the report. To this, Messrs. 
 Goodenow, of Alfred, and Bourne, of Kennebunk, objected, 
 when Mr. Ruggles, to avoid farther discussion and delay, 
 withdrew his motion. 
 
i 
 
 Purging the House. 69 
 
 The Cliairrnnn then proceeded to declare the yeas and 
 nays, as taken upon the (juestion of anKuding the c<ini- 
 mittec-s report, Uy iiist;rliiig tlicreiii the name of l^^irncon 
 Fowltr, Jr., which were, yeas 7.J, including i'owlefs own 
 vote..^£^ nays 72. Tlie House then adjourned until the 
 next morning at nine o'clock. Two days thus had been 
 spent, in conseijueiu^e of these extraordinary proceedings 
 intr»Klueed by, and for the benefit of, the federal party 
 exclusively, without coming to the <|uestion oi' ch.oosing 
 eith< r Lhrk or Speaker! Down to this peri(jd, but little 
 doubt can exist as to which party was most deeply in the 
 wrong. 
 
 In these last proceedings, the iniquitous operation of 
 the new system of purging the House, was made manifest. 
 And the clanger and impropriety oithe House's proceed- 
 ing to settle questions of contested elections, or any other 
 business, before the House had been properly organized, 
 was strikingly illustrated. Had there been a recording 
 oflicer, the confusion about the question before the House, 
 and as to what questions had, and had not been put, would 
 not have occurred. The like had never occurred before. 
 The record would have shut out all confusion and all dis- 
 pute. But precedents, anti all the proceedings usual on 
 the first meeting of the House, had been laid aside en- 
 tirely, bv the course of proceeding introduced by the 
 federal party, and confusion was inevitable. The mem- 
 bers of the House were left without chart or compass by 
 which to shape their course, and such a scene followed, 
 as every one must naturally suppose would follow, under 
 such cireumstan(;es. It is obvious, that those wlio intro- 
 duced the Confusion intended to take advantage of it. 
 And so they did. In |)roof of it, Simeon Fowler, Jr. was 
 boldly sustained in voting to restore his own name to the 
 list of members duly elected, although he had by a fair 
 vote of OS to G(3 been excluded from his seat ; and 
 although tliat vote, excluding him, had not been recon- 
 sidered! And furtiier. his own vote alone was allowed 
 to turn the decision in his own favor, when without his 
 vote, the House would have been divided. TJ to 72, and 
 he would have been excluded a second time, upon those 
 very principles alone, which had been established by his 
 friends to exclude Mr. Roberts! Or had Mr. Roberts 
 voted, as of right he could have done, having been impro- 
 
40 Purging the House. 
 
 perly excluded, Mr. Fowler would have had a vote of 73 
 against him, to 73 for him, admitting that Mr. R. would 
 have voted against Mr. F. upon the same prin<"iple by 
 which Mr. F. had already votcxl against Mr. Roberts. 
 But violence always destroys the equability of every prin- 
 ciple, and by it the federal party first destroyed the 
 balance of power held by their opponents, and then, to 
 sustain their ill-gotten ascendancy, they resisted the very 
 rule which they themselves had established to operate 
 upon others ! 
 
 The candor and fairness exliibited by republicans in 
 this case of Mr. Fowler, indicated their com[K)Sure and 
 regard for order, and shew tliem to be acting entirely 
 uj)on the defensive, against the rude proceedings by which 
 the House had been thrown into commotion. Mr. Rug- 
 gles, to have all questions decided, necessary to make their 
 doings straight and plain, amid the confusion that pre- 
 vailed, moved that the question of reconsidering the vote 
 whereby P\>wlcr was excluded, should be taken in con- 
 junction with the question of adding his name to the list 
 of members duly elected, and both decided by one 
 call of the House, — so that the last question should not 
 be put, while the question of reconsideration, which was 
 previous in its nature, was undecided. But no — the fed- 
 eralists felt too conscious of the impropriety of Fowler's 
 voting on the question of reconsidering a vote whereby 
 he was excluded from his seat, and therefore they resolv- 
 ed on braving it out, that the question of reconsidering 
 had already been put, or passed over; and that the ques- 
 tion then before the House was, on adding Mr. F's name 
 to the list of members ! To avoid " confusion worse con- 
 founded," Mr. R. shortly withdrew his last proposition, 
 and let matters drive on in the way they had been so 
 strangely forced. 
 
 It is not our object to comment on these proceedings 
 in the severity they would warrant, but, to leave the read- 
 er to draw his own conclusions, with a mind unbiassed, 
 and a disposition to decide fairly upon the events that 
 transpired, between the conflicting parties. Suffice it to 
 say that Fowler was enabled to retain his seat only in the 
 way and by the management already detailed. He was 
 not opposed, as the reader will observe, upon the ground 
 that he might not have an equitable and constitutional 
 
Incipient Proceedings in Senate. 41 
 
 claim to a seat, when his certificate should be explained, 
 but solely on the grounds which he, himself, and his 
 friends, had established in Roberts's case : viz. that the 
 House could not at that stage travel out of his certificate, 
 for evidence of his election, which, by his certificate 
 alone, could not be established. The striking inconsis- 
 tency of tiieir assuming these novel positions in Mr. 
 Roberts's case, and then of abandoning them immediately 
 thereafter in Mr. Fowler's case, or as soon as one of their 
 own party was liable to be affected by them, carmot but 
 have its due weight upon the pul)lic mind, in the forma- 
 tion of the character to be ascribed to the federal parly 
 now and hereafter. 
 
 CHAPTER VI. 
 The Senate. 
 
 The political views of the several gentlemen whom 
 the Governor and Council had notified to appear, as 
 duly elected Senators, were too well known to admit of 
 any doubt. And as eight were known to be republicans, 
 and eight to be of the federal party, it was anticipated 
 that some difficulty would occur in organizing this de- 
 partment of the government. 
 
 The Members elect were called to order about ten 
 o'clock in the forenoon of Wednesday, the sixth of Jan- 
 uary, the day designated by the constitution for the meet- 
 ing of the Legislature. Gen. Steele, of 0.\ford county, 
 was appointed Chairman. In the afternoon, the ofliciat- 
 ing Governor came in and administered the oaths of 
 office to the members, after which they proceeded to bal- 
 lot for President, in the ordinary routine of the business 
 of that department Five successive ballotings were made 
 for the choice of President, in each of which the result 
 wan seven votes for Robert P. Duidap, seven for Sanford 
 Kingsbery, and two scattering. The Senate then ad- 
 journed until the next mf»rning. 
 
 On Thursday, no choice of President was effected. Nei- 
 ther party as yet, was disposed to yitdd to the candidate 
 of the other party, and neither, perhaps, could as yet be 
 
 a 
 
42 Incipient Proceedings in Senate. 
 
 justly censured. The political character or state of par- 
 ties in the House, was not, as yet, rendered certain. The 
 impression of the public mind, however, seemed already 
 to be, that, under tiie peculiar state of things, whichever 
 party obtained the election of presiding officer in the 
 House, should yield to tiie other party the presiding 
 officer in the Senate. This conviction was founded in 
 justice, and indicated that honorable spirit of conciliation 
 wliich, in despite of all excitement, generally characteri- 
 zes the feelings of an intelligent community. Little ex- 
 pectation was consequently entertained now, by any, of 
 seeing the Senate organized, until the choice of Speaker 
 should be effected in the House. Subsequent events 
 proved, how little the party that obtained an ascendancy 
 in the House, were influenced in their course, by those 
 honorable and conciliatory feelings which actuated the 
 public mind in forming its anticipations upon the subject 
 of the Senate's organization. 
 
 As early as the second day of the session, the eight 
 federal members of the Senate indicated no less readiness 
 to lay aside all precedents, and, perhaps,* all constitu- 
 tional requirements, than had their fellow partizans in the 
 other branch of the Legislature. A motion was made by 
 Mr. Phelps, of Somerset county, to take up and consider 
 the returns of votes for Senators, and to ascertain and 
 notify who had been elected, and who were constitutional 
 candidates to fill vacancies, and thereby to pass over in 
 the mean time, the customary organization of the Senate! 
 This, probably, was the first motion ever made in our 
 own, or any other Senate, to proceed to act upon grave 
 constitutional matters, before the previous requirements 
 of the constitution, to qualify the Senators therefor, had 
 been complied with. It may well be doubted, whether 
 Senators elect, before they have been organized into a 
 constitutional Senate, by the choice of President and 
 recording officer, have any more constitutional right to, 
 or control over, the returns of votes given by the people, 
 than any other individuals in the community. The mo- 
 tion seemed to contemplate laying aside both precedents 
 and the constitution, as of only secondary consideration 
 to the ends and success of the mover's party, with which 
 
 * We say yerhaps, because we wish to express no ileciiled opinion to bias the 
 judgment of tiie reader, until he shall have seen all the facts to judge for himself, 
 how far the constitution wa3 regarded in these matters. 
 
I 
 
 Incipient Proceedings ni Senate. 43 
 
 they either were, or threatened to be, in conflict. If such 
 were not the vir-ws; of iMr. Phelps and his party, then the 
 inference is inevitable, that iiis motion was designed only 
 for a false show to the public, of an inchnation to proceed 
 to business. Tiiey could not but foresee, from the impro- 
 priety of the proposition, that it would not be countenan- 
 ced by their opponents. Nevertheless, they hoped to 
 obtain credit among the people for having otfered it, by 
 persuading them to reason only from what appeared to be 
 the inclination, and not from the true mtent of the prop- 
 osition, or the consequences of legislating without a con- 
 stitutional organization. But it requires great art and 
 cunning in a public body, to blind an intelligent and 
 discriminating people upon either the character or opera- 
 tion of any measure, however novel. Even the motive of 
 the legislator, though it be the most secret of all, scarce- 
 ly ever escapes their searching inquiries. They will form 
 an opinion of the proposition of Mr. Phelps, as of every 
 other measure, either proposed or carried out of season, 
 and ripen into convictions, or abandon, the strong suspi- 
 cions which circumstances have thrown upon it. It was 
 negatived by the republican nit>mbers, on the grounds 
 and under the impressions we have stated. The vote 
 stood as follows. 
 
 YEAS.— Messrs. Hinds,* Morse,* Kingsbury,* Gardner,! Hilton,! 
 HeaJey,t DruiiniioiKl,f l*liel|)s.|: — 8. 
 
 NAYS. — Dunl;ij),|| Incalls,!) Megquier,|| HutcliJiison,^ Steele,§ 
 Hall,1; Hutcliings,^ Davee.**— 8. 
 
 On Friday, Mr. Phelps's motion was repeated by Mr. 
 Drummond, obviously from the same motive and with the 
 same intent as otfered at first. It met, of course with the 
 same result as before. The yeas and nays were t;i^( n 
 upon it, and were 8 to 8. Motions were also made to 
 proceed to the choice of Secretary and of Messenger, 
 but were successively rejected — it being apparent that 
 they were designed to break in upon the usual and es- 
 tablished order of proceeding, and of keej)ing up a false 
 show of a business inclination. It was clear tliat neither 
 the choice of Secretary nor Messenger could forward the 
 business of the session, while there was no President 
 elected, to perfect the organization, and to authorize that 
 
 * of Kennebec, t Lincoln. t Suinerset. || Cmnlterlanil. ^Oxford. 
 If Hancock and Walilo. ** Penobscot. 
 
44 Incipient Proceedings in Senate. 
 
 branch of the Legislature to act constitutionally upon 
 other bu.sjness. Several ballotings were had for Presi- 
 dent, without varying the former result. 
 
 On the succeeding or third day, Mr. Phelps came for- 
 ward, with a still stronger and bolder proposition, which 
 evinced how little reverence was felt for the order of pro- 
 ceeding laid down in the constitution, and followed by 
 former Legislatures. He had now improved upon his own 
 former motion, and added to that the further clause — to 
 form a convention with the House to elect Senators to Jill 
 the vacancies, and that the Senate suspend farther ballot- 
 ting for President, until the Senators elected to fill such 
 vacancies, have been notified of their election and have 
 taken their seats at this board ! 
 
 A more singular proposition, considering the time when 
 it was made, probably never came under discussion any 
 where.* The incompetency of the senators elect, to 
 execute it, without abandoning entiiely both the spirit 
 and the letter of the constitution, appeared so clearly, 
 that it was not regarded by ihe opposing party as really 
 serious, until they found themselves involved in quite a. 
 grave discussion of it. The friends of it rested their 
 argument upon the necessity of doing something, and 
 expressed great anxiety to proceed to business. They 
 said propositions to elect Secretary, Messenger and to 
 count tiie votes returned for senators, had been severally 
 made before, vvljen the political character of the House 
 was not known. f (The House had at this time elected a 
 speaker.) That therefore, no improper motive could be 
 attached to the proposition. 
 
 It was contended on the other side, or by the republi- 
 can members, that equal zeal and earnestness was felt to 
 proceed to business. But no less was felt, to preserve 
 the constitution inviolate, and to follow its requirements. 
 That it was better not to proceed at all, than to proceed 
 wrong. That no authority was given to proceed in any 
 way except as the constitution provides, and besides the 
 letter of the constitution, years of precedents existed, by 
 which its meaning could be ascertained. It was admitted 
 as true, that motions to elect a Secretary, Messenger, and 
 
 * Both o5>inioii^ of the Judges of the Supreme Court, in answer to interrogatories 
 propounded by Mr. Mall lirst, ;aiid thi-ii by Sir Himtoon, cuiifirni ihi - jm, itinii. 
 
 t A confession tliat the federal party regarded !'oiv ascendancy in the House 
 as altogether doubtful, when that body first assembled. 
 
Incipient Proceedings in Senate. 45 
 
 to count the votes for senators, had been made, before the 
 pohtical character of the House was k;.ov\n ; — and iiu 
 less true, tliat they were opposed before that time ; that, 
 tlierefore, the same exem|)tion from the suspicion of 
 improper motives was due to the one side, as to tlie other. 
 It was further contended, that senators, before organized 
 into a Senate, liad no juristhction over the election's, or 
 return of votes, and no authority to form a convention to 
 till any supposed or real vacancies tiiat might exist in the 
 Senate, when organized. That, all precedents, and every 
 one s construction of the constitution among the people, 
 concurred in asserting the propriety and necessity of 
 electing a President, before any proceeding was had uj)on 
 other matters. That to form a convention with the 
 House for any purpose whatever, a vote of the Senate, 
 constitutionally organized, must precede. 
 
 On this motion, the members were equally divided, and 
 it was consequently defeated. A further etiort was made 
 to elect a President, but without eftect. 
 
 The reader is now carried through the four fnst days 
 of the session on the part of the Senate. The House, on 
 the third day, elected a Speaker, and, as tlie republican 
 party there had submitted to the process by which the 
 federal party had succeeded in electing their candidate 
 for presiding officer in that branch, [)ublic opinion be- 
 gan now to feel disappointed, in that the federalists were 
 in turn unsvilling ti) yield to their opponents, so far as to 
 allosv the republican candidate to be elected presiding 
 officer of the Senate. Nor was this disai)pointment Avith- 
 out reason. It was unreasonable to ask of the federal 
 party, more than of the republican party, in the nearly 
 balanced state of parties in the two branches, to yield to 
 their opponents any advantage in one branch, which tliey 
 themselves did not possess in the other. It was no le.ss 
 unreasonable in the former to insist on having their own 
 candidate made presiding officer in the Senate, merely 
 because they had obtained, by a novel piece of manage- 
 ment, the choice of presiding officer in the House.* As 
 soon, therefore, as the election of Speaker in the House 
 had been decided, it was supposed that the federal mem- 
 bers in the Senate would forthwith consent to allow the 
 
 * Tlie votes f )r Speaker iveri' in all, 14.1. l\Ir. Goodeno>v had oiilv 73, — onlj 
 on" hnlfrit a vote more than half of the whole number. 
 
46 Organization of the Senate. 
 
 republicans in that branch to prevail, so far as the choice 
 of presiding officer would go, and inasmuch as one, or 
 the other party must yield, ere an organization could be 
 effected. But the result of thijigs in the House, instead 
 of operating to conciliate, appeared to encourage the 
 eight federal Senators, in insisting on the choice of their 
 candidate. J\ot that the opposing candidate was not in 
 every light, well qualified, and even better qualified from 
 experience as well as otherwise, to preside ; — but because 
 he was the candidate of the republican party ! This ob- 
 stinacy, or determination to stop short of nothing but 
 absolute possession of every advantage in both branches 
 of the Legislature, was persisted in, through about fifty 
 ballotings, and until the aftern<.>oa of the eighth day of 
 the session, when the eight federal Senators gave their 
 united votes for Mr. Hall, one of the republican members, 
 who, by giving a blank vote at the same time, was thus 
 elected to the presidency. The organization was com- 
 pleted on the next day,* by a choice of Secretary and 
 Messenger, which shew of how little importance the 
 election of those officers was, as a matter of delay. 
 
 It may be a mystery to some, why the federal members 
 elected Mr. Hall, one of the republican party. As near 
 as the truth can be known, they were determined on 
 yielding nothing to their opponents, let what might be 
 the consequences ; but to hazard every thing in order to 
 obtain the same ascendancy for their party in the Senate, 
 as had been effected in the House. The proposition to 
 elect Mr. Hall came from them, and what was wanted of 
 him was stated to him. It was in substance no more nor 
 less than to betray his friends, and to act with the federal 
 party, in all instances where his vote would prevent an 
 equal division of the board; which would have been in 
 nearly every question, as with his vote the division would 
 be 9 to 7, and without it, 8 to 8. He, however, was too 
 honest a man, and held in too sacred contempt the char- 
 actei: of Judas in the scriptures, the volume of which had 
 
 * We liave before remarkeil in substance, that the choice of Secretary and 
 Messenger could not advance the business of the session in any degree, as it 
 was not calculated to delay it ; and that, for this reason, the proposition to clioose 
 the m, made ou the second and subsequent days of the session, was only for 
 show, and not capable of efleeting any good, besides being out of order. This 
 opinion is now proved, by the facts in the context of the above chapter. 
 
Organization of the House. 47 
 
 been the chief study of his whole life,* to act a part so 
 false, so foul, so uiipardouable in the sight of God and of 
 man. Meaning, however, to turn to good, what was de- 
 signed for evil, he informed them that he was not quali- 
 fied for the station — had little or no experience in its 
 duties, but, if they saw fit to elect him, he should endea- 
 vor to discharge his obligations to tlie full extent of his 
 power. The inference which the federal party drew from 
 their conversation, may be gathered from their subse- 
 quent election of him in the way mentioned. But that 
 those inferences were not warranted by aught which Mr. 
 Hall said, must be obvious to the reader. Mr. Hall did 
 not consult his colleagues upon the measure proposed, 
 and consequently, the result of the ballotting. by which 
 he was elected, so completely astounded them, that the 
 opposite party now felt quite sure of having completely 
 bought over an adversary with " a mess of pottage !" But 
 events proved that they deceived themselves more than 
 they deceived others — a consequence not unnatural to a 
 policy founded on the dangerous and corrupting a.xiom. 
 that " all is fair in politics." 
 
 CHAPTER VH. 
 
 Organization of the House. 
 
 On the morning of the third day of the session, the 
 House proceeded to the choice of Clerk, and then oi' 
 Speaker. The former having been elected, without any 
 organized opposition from either party, on motion of Mr. 
 Bourne, the roll of members was called. It appeared 
 that all were present. After a committee had been ap- 
 pointed to receive and count the votes for Speaker, o 
 very singular proposition was carried. It was introduced 
 by Mr. Norton, f of Canaan, in the following terms : — 
 
 Ordered, Tliat wlieri the House proceeds to the choice of 
 
 * Mr. Hall was ediiciiteil to the ministry, and fur al)oui tliirty years, iiad been 
 a prt^aclier of the Metliodist order; and a nioro upritrht, worthy man at heart, 
 nevr approached tlie coinmmiiun tahic under any denomination of Christianity. 
 
 t To s^ive place to whom the lute wortliy Land Agent has since been removed 
 fVom office, by iMr. Hiiutoon. 
 
48 Organization of the House. 
 
 Speaker, the namns of the members be called by the Cliair, and 
 that they vote id the onier in which they may be called, and that 
 the votes be received by the committee at the Clerk's des-k. 
 
 The singularity of this order, produced no small sensa- 
 tion for the moment, both among the members and the 
 spectators present. It was obvious that the federal party 
 still distrusted a portion of their adherents, and were 
 determined on getting up such an ordeal, as would intim- 
 idate the doubtful into submisssion. The order was, 
 however, permitted to pass, and the committee were 
 arranged around the Clerk's desk, like the guards of 
 Cromwell about the door of the British Parliament in 
 former times. None that witnessed this novel spectacle, 
 could be insensible to the design.* But it had nearly 
 the desired effect. Of the one hundred and forty-five 
 votes given, Mr. Goodenow, the candidate of the federal 
 party, received seventy three—one half of a vote more than 
 one half of the whole number given ! He was thereupon 
 declared duly elected Speaker of the House. He accepted 
 the station in a short and appropriate address, and enter- 
 ed upon the duties of it. Messages were then sent to the 
 Governor and Senate, informing them of the organization 
 of the House. 
 
 The next prominent measure, of a party character, in- 
 troduced before the House, was an order offered by Mr. 
 Boutelle, of Waterville, on the sixth day of the session. 
 This gentleman, it may here be remarked, was always a 
 member of the federal party, and we know not that he 
 has ever undertaken to disguise bis politics by assuming 
 any of the newly invented distinctions. The order was, 
 as follows : — 
 
 "Whereas, it was effectually made known to this House on the 
 first day of the session by the Secretary of State, that he had laid 
 the votes [for Governor] before the Senate ; and whereas, it is not 
 known to this House that any measures have been taken to exam- 
 ine said votes, in consequence of which the public business is delay- 
 ed: — Ordered. That a message be sent to the membersof the Senate 
 requesting them to send to the House the Listof votes f(fr Governor, 
 in order that the same may be examined according to the provision 
 of the Constitution." 
 
 * Some have piesiimed to say that the only de^isrri was to prevent per?oiifi 
 who were not members, from voting. The ca>-e never diii occur wlieii any citi- 
 zen of IMaine has had tlie audacity to obtrude his vote dius fraudulently upon 
 the Legislature, and therefore, this ineasure is not to be justified on a score that 
 would reflect such dishonorable suispicions upon the citizens present at the orga- 
 nization. 
 
Votes for Governor. 49 
 
 The course of proceeding liere i)roposed was altogether 
 new and without precedent. It was coiisefiucnlly a 
 prolific subject of debate. Messrs. Boutellc, Bourne, 
 Adains of Portland, Shapleigh, Smith of Ncwfield, 
 Wells, and Severance, advocated the order; and Messrs. 
 Smith of Nobleborough, Rugglcs, Knovvlton, Swett, 
 Shaw of Standish, and Bradbury, opposed it. By the 
 opposers of it, it was contended, that the course proposed 
 was unprecedented — that it was novel and unexpected — 
 that it mijiht be a violation of the constitution, — and it 
 was believed that it would be so, as it contemplated a 
 disposition of the returns, without waiting the pleasure 
 and concurrence of a co-ordinate and indej^endent branch 
 of the Legislature. But of this position, time for investi- 
 gation was asked. It may be groundless, or it may be 
 well founded. Time is requested to ascertain how this is. 
 A motion to postpone it until the next day mornmg was 
 made, and these points urged in support of it. 
 
 On the other hand, it was contended, that the constitu- 
 tion did not prohibit the course proposed, — that it was, 
 to be sure, unprecedented and novel, but involved no 
 unconstitutional principles ; — that it was time to proceed 
 to business, and that the House had as good a right to 
 the votes as the Senate. 
 
 In reply it was said, that the Senate had not yet inform- 
 ed the House of their organization, that the House at 
 most could claim to act upon the returns only in con- 
 junction with the Senate ; — that the Senate being as yet 
 unprepared and not qualified to act upon them, it could 
 not hasten nor further the business of the session by 
 taking the returns into the possession of the House ; — that 
 all must be anxious to proceed to business, and none 
 more so than those who wished time to consider the na- 
 ture, and bearings, and constitutionality of the measure 
 proposed. But all should be likewise anxious to do busi- 
 jiess correctly. The maimer proposed miiiht thereafter be 
 adopted ; but was, at first sight, inexpedient, as it coidd 
 not expedite the piUilie business. The House, if it should 
 ^et the returns, must tlien stop. The seals cannot be 
 broken, without the concurrence of the Senate ; and as the 
 Senators have not organized, it is not unreasonable and 
 can do no injury, to postpone this subject until the next 
 morning, for the consideration and better understanding 
 7 
 
50 Votes for Governor. 
 
 of it, by those to whom it is altogether a novel and, before 
 this, an unheard of proposition. Such a request was sel- 
 dom if ever denied, particularly under circumstances 
 which negatived the possibility of any delay in the public 
 business. It was due to courtesy, it was due to honest 
 motives, and it could not be anticipated that a majority 
 of the House would deny it. 
 
 But the vote was taken by yeas and nays, and postpone- 
 ment was refused ! — Yeas 71 — nays 73. 
 
 This last vote indicated a determination on the part of 
 the federal party, to carry every proposition by force of 
 numbers, whether the other party were disposed to favor 
 it or not, and whether it was understood by the latter or 
 not. At this stage of the measure, it was not the views 
 of the federal party that are so much exposed to censure, 
 as the spirit in which the measure was carried. Time 
 was asked to examine the (correctness of those views ; 
 and, besides the great absurdity of them, the impropriety 
 of not allowing those to whom the measure was an entirely 
 new thing, time for deliberation, is what strikes the pub- 
 lic mind as deserving of reprehension. 
 
 The main question, on passing the order, was next de- 
 bated. 
 
 "Mr. Smith, of Nobleborough, said he could not suffer 
 the order to pass without entering his protest. It was 
 assuming a power with which the House was not vested 
 by the constitution. If the Secretary of Slate had brought 
 th'e votes before the House in the first instance, he was 
 not prepared to say, that, under such circumstances, we 
 had no right to them. Suppose, said he, the Senate were 
 to demand the votes of us when they had been entrusted 
 to our hands, should we be willing to surrender them at 
 their request .'' The votes belong to that branch to which 
 they have been entrusted by the Secretary of State ; and 
 we have no right to demand them from that branch. Now 
 Sir, is it decorous, is it usual, for us to demand of them 
 the possession of those votes, which have been consigned 
 to their care by the Secretary of State ? It is saying to 
 the other branch of the Legislature, we place no confi- 
 dence in you, the votes are not safe in your hands. WE 
 are the proper keepers of the votes, give us the control of 
 them, and then they will be safely and sacredly kept. It 
 is saying to the co-ordinate branch of the Legislature, we 
 
Mr. Boutelle's Order. 51 
 
 are afraid that you do not guard tlio sacred deposit with 
 suflicient care, we doubt tlie rectitude of members, who 
 sit at your board, and we will not suffer these votes to 
 continue in your possession. We fear lest some busy 
 body or officious meddler may break open the seals and 
 and investigate the contents. Had such an order, he 
 said, come before the house, as gentlemen propose to 
 send up to the senate, he for one would have resisted a 
 comi)liance with it to the utmost. He would oppose it 
 in every stage and never surrender his own rights to what 
 he should consider the arbitrary command of another 
 body of men. He illustrated his meaning by aUuding to 
 the manner in which documents are kept when intrusted 
 to referees. No one of them, he said, had any riirht to 
 demand the possession of |)apers from another. They are 
 vested with equal powers in this respect, and so are the 
 Senate and House. The Senate cannot but ask the ques- 
 tion, do you distrust our integrity? Is suspicion enter- 
 tained ? Do you think we shall destroy the votes ? [The 
 Speaker called the gentleman to order. No gentleman of 
 the House had expressed suspicions against the members 
 of the Senate.] Mr. Smith explained, — his course of ar- 
 gument was this, — he only intended to ex|)!ain what con- 
 struction the Senate would put upon such a request. The 
 Senators, he argued, must put false constructions upon 
 such an order ; and he only wished gentlemen to place 
 themselves in the Senate's situation. The House say, 
 when they send up this order, we wish to take charge of 
 the votes ourselves ; we distrust you. Ought we not, he 
 asked, to extend the same comity to them which we, in 
 their situation shoidd demand. It seemed to him that 
 we had better wait at least a while, and see what course 
 the Senate intend to pursue, especially before we adopt 
 a motion that is so rash, and violent in the extreme. 
 Adopt this order, said he, and you open the door for an 
 interminable session ; you throw the first stone, and chal- 
 lenge the Senate to combat. If gentlemen were deter- 
 mmed and had resolved to proceed so rashly, they must 
 take the consequences upon themselves. He would not 
 participate in them ; he would do all that could be con- 
 stitutionally done, to reject such orders at such a time. 
 
 Mr. Scamman, of Saco, considered the amount of the 
 argument of the gentleman to be this — that we must '^it 
 
52 V'^oiesfor Governor. 
 
 in session here till the Senate see fit to proceed to busi- 
 ness. If reports could be trusted, the Senate had done 
 nothing; and t!ie probability of their being able to do 
 any thing was a dark one. [Called to order. The Sj>eak- 
 er gave him permission to allude to the Senate so far as 
 the House could take cognizance of the Senate ; but 
 reports must not be introduced.] Mr. S. asked if sixteen 
 persons in the Senate were to check every operation of 
 government, and throw the State for the present year into 
 a state of nature — without government, without laws, and 
 without taxes. He refered to the case of referees which 
 had been spoken of by the gentleman from N. He said, 
 such a case had nothing to do with the subject under 
 consideration. Referees were one body, the House and 
 Senate were two, and had distinct privileges. He read 
 a portion of the constitution which says, vacancies must 
 be filled as soon as may be. He then went on to illus- 
 trate what must have been the course of things if no 
 Senate had been returned. The vacancies must then be 
 filled ; and gentlemen would not hesitate to say, that the 
 vacancies should not be filled forthwith. Similar to such 
 a state of things, he considered the present situation of 
 the two branches of the Legislature. 
 
 Mr. Knowlton moved that when the House adjourn, it 
 adjourn till to-morrow, at half past nine o'clock, and the 
 motion was carried. Mr. Knowlton then moved that the 
 House adjourn. Yeas 04^ — Nays 74. 
 
 The question then was upon adopting the order. 
 
 Mr. Ruggles, of Thomaston, thought it was better to 
 pause and reflect before this order was adopted. He 
 never knew a solitary instance in which the Senate were 
 required to give up the votes, before they had acted upon 
 them. Suppose, said he, on the first day of the session 
 the Senate had been organized, and the House was not. 
 Suppose the Senate had then demanded the votes from 
 the House. An unprecedented measure to be sure. But 
 what would gentlemen of the House have said? would 
 they. have been willing to surrender their right ? The 
 Senate takes precedence of the House by usage, and 
 practice. The joint committee of the Senate takes pre- 
 cedence, and therefore it was proper for the votes to be 
 acted upon there, before they were brought into this 
 House. The gentleman from Saco asks, why should we 
 
J\[r. Bautellc's Order. oii 
 
 softer sixteen mon to delay the piiljlic business of the 
 session That was not a question for him to answer, but 
 must be answered by the Senate. He did not know but 
 the gentk-inairs (jueslion was a correct one in thu House ; 
 but the Senate are to settle their own ati'airs. They have 
 a right to do as th;y please, and wc are not to call them 
 to an account. Sliall we pass judgnn-nt upon the S<'nate ? 
 is it |)roper for us to force tlicm to business ? We had 
 nothing to do with tlie balance of power in the Senate, 
 nothing to do with the parties there. They are acting 
 for themselves and for the people. On contingencies, 
 says the gentlcmin from Saco.we have a right to precede 
 the Sen;ite. Who are to determine upon contingencies, 
 especially in the present stale of things? It did seem 
 to him that the House was not so omnipotent. The 
 House had privileges, to be sure ; but it had no right to 
 control the Senate. ^Ve cannot know that the Senate 
 has vacancies, till those vacancies are declared. Conse- 
 quently we can never proceed to business, unless the 
 Senate take the first step. Adopt the doctrines of power 
 which some gentlemen would give to this House, and we 
 should need no Governor, no Council, no Senate. The 
 House will be omnipotent enough to do all things of itself. 
 He did not suppose the present measure of sending a 
 message to a body which did not exist, would be fraught 
 with evil consequences ; he did not see any particular 
 danger in such a movement; but if that were an entering 
 wedge for ulterior operations, then he thought it was 
 fraught with danger. He had no objections to the order, 
 if it were only to require the votes to be put into our 
 possession. But if it were to be tlie beginning of further 
 operations, he was opposed to it. If it were to stop where 
 it is, he had no serious objections to passing the order, 
 but he deprecated all further attempts, all ulterior opera- 
 tions — and he thought these (if serious importance. [Here 
 Mr.R. remarked that it was past the tmio of adjournment 
 and he would forbear, that any gentleman might move 
 an adjournment. Adjournment was called for, and deci- 
 ded in the negative ] 
 
 Mr. Ruggles continued his remarks. We cannot, said 
 he, advance the business of the House by adopting this 
 order. If the choice of Governor be efft-cted or not, we 
 cannot send up a candidate till the Senate is organized. 
 
54 Votes for Governor. 
 
 The first step is to organize ; and then to determine 
 whether an election be effected or not. He thought we 
 were beginning at the wrong end, or in the middle. We 
 can do nothing with the votes, till the vacancies in the 
 Senate are filled. We can do nothing till the Senate is 
 organized. We wait for them. A State Legislature, he 
 said, within the last year, was obliged to adjourn because 
 both branches were unable to organize. Will it do for us 
 to proceed alone to business ? Mr. R. noticed a curious 
 circumstance in the votes of the House. He thought there 
 could be no party about it ; but he observed a curious 
 and singular vote of 71 to 73, ow all subjects. If there 
 were any deviation, it was the deviation of accident. 
 He did not know but that he himself was affected by the 
 general excitement ; if he was, he wished to divest him- 
 self of party feeling. He found himself in the general 
 current ; and to divest himself of all prejudice, he wished 
 time for consideration. 
 
 Mr. Ruggles then moved to lay the order upon the 
 table. 
 
 The question was then taken for laying the order upon 
 the table — yeas 70 — nays 67, and the order was ordered 
 to lie upon the table till to-morrow. — House then ad- 
 journed."* 
 
 It will not be difficult for the reader to decide on which 
 side of the last question, were both reason and the best 
 of the. argument. But little was urged in favor of the 
 expediency of the proposition, as the oft repeated anxiety 
 to proceed to business, was never accompanied by any 
 explanation of the method by which business could be 
 either constitutionally come at, or performed, while the 
 Senate was in its then unorganized state, — or rather, 
 while there was no constitutional Senatef to transact 
 
 * Tliis debate is extracted entire, as reported by tlie Portland Gazette — tlie 
 paper devoted exclusiveh' to tbe federal party. Of course, tlie arEcuments are 
 as strongly stated in favor of tliat party, as they would reasonably btar. 
 
 t The ground taken by the federal party in the debate on postponing the order, 
 was, that there was no consiitutional Senate, because the Senators elect had 
 not organized. The following extracts from the speeches of some of tliem, will 
 convince the reader that the House had noriglit to do any thing with the returns 
 of votes, could they obtain them ; as there was no Senate to act with them. 
 And that, for this reason, Mr. Boutelle's order was not designed in reality to 
 expedite business, but only as a. false show of an inclination to Ac business. 
 
 Mr. Bourne, ofKennebunk, (a federalist) said — 
 
 " We, Sir, are an organized body — constitutionally organized. The Senate 
 is not yet organized ; and Ihe ^eiiators elect are no more a Senate now, than 
 irhen they first assembled. They do not constitute a Senate, until they have effected 
 
Mr. Boutelle's Order. bb 
 
 business in conjunction with the House. The constitu- 
 tionality of the proposition need not therefore be consid- 
 ered. If circumstances rendered it inexpedient, and of 
 no avail to the House, the jud<?nient of the public a^vainst 
 it is as well grounded, as though it had been altogether 
 unconstitutional. And the determined and relentless 
 spirit by which it was eventually carried through the 
 
 an organization. The coiisiitution renuires the Secretary of State to lay the 
 list ofvotes given for Goveriiur before tlie two branches of the Legislulure on 
 tlie first WeJnesilay in Janiuiry. But, Sir, as tiikuf. is no Senatk, nnd was 
 not at tliat time, llie votes ought to have been laid before the House of Repre- 
 sentatives." 
 
 Mr. iXoRTON, of Canaan, another federalist, said upon the same question, in 
 his speech to the House — •' I am opposed, for one, to considering the Senate, 
 in its present condition, as a co-ordinate branch of the governiiieiit. Tlie order 
 upon your tai)le [introduced by Mr. Buutelle, an active lVderali>tJ does not so 
 consider the Senators elect. "Why then. Sir, is there impropriety ui our asking 
 of them the votes in cjuestion ? VVhuse properly are the votes given for (iover- 
 nor ? They are the joint property of the House and Senate. Hut, Sir, there 
 IS NO Senate, and the entire property in the votes is vested in the House." 
 
 Mr. ScAMMAN, of Saco, an adherent of the federal party, in his speech upon 
 the same subject, said: — "There is no Senate, and the House ouglit to be 
 in possession of the voles. The Secretary of State did wrong in placing the 
 Votes witli the Senators, l)efore they had effected an organization." 
 
 To tliis ground the republican party took no exception. But urged it as a 
 reason conclusive against the propriety of the order. We have only room (0 
 extract a portion of one speech from the republican side, teuchiiig this point. 
 
 Mr. Smith, of Nobleborough, remarked ; — "Gentlem*'.n seem variously im- 
 pressed, ill regard to the importance of the order. Some consider it as of 
 grave import, and requiring great deliberation. Others regard it as an 
 every day occurrence — one that any novice in legislation can understand at a 
 single glance of the eye. But, Sir.'l am not of the latter number. W'hen I 
 hear one say, the .Senate can do so and so — and anodier declare there is no 
 Senate, I am led to inquire how these arguments bear upon our proceedings. 
 Why send an order, if there be no Senate ! I know it is usual to send inessagef 
 from house to house — and to send for files of papers, &c. But I never heard ol 
 sending a message to Senators from this House, before there was a Senate. 
 The gentleman from Saco, says, there is no Senate — and yet we can fill vacan- 
 cies at the Senate board ! Tlie constitution says, that the Senate shall deter- 
 mine what vacancies exist. If tliere is meaning in the constitution, it requires 
 what cannot be now done, if tlie gentleman's argument be true, that there is no 
 Senate. 
 
 Again ; the constitution says, that the Senate shall judge of the election of 
 their own members. Now there is no Senate, if the gentleman's argument be 
 true, and Senators, not yet organized, and not yet a co-ordinate brunch of the 
 government, cannot determine what vacancii's exist, nor the qualifications of 
 those persons who are returned as Senators. Shall this House decide these 
 things for them I 
 
 This subject, Sir, requires much attention, and I hope the motion will prevail. 
 But if it does not — if gentlemen will compel us to act — if ihey are determined to 
 cram this order into us, they have the power. But I ask them as gentlemen — as 
 friends — as members of this House, to accord to me what, ujion my honor, I will 
 accord to iliein in return. I do hope they will not compel members to act, when 
 they have not had opportunity to reflect. If we asked to have the order to lie 
 upon tlie table to a late day in the Session, it would be difl'erent. But we as), 
 for only a few hours time, it ought, for courte.<y's sake, to be granted. Gentle 
 men must have stronp motives — the purity of tlieir motives must be very siion;; 
 10 refuse so reasonable a request. The more, Sir, I hear said upon the subject, 
 the more I am of the opinion that tliere is yet no Sennte, nnd that n© injury r:ii: 
 result frnra sn short a delav as is ask^d. 
 
56 Votes for Governo7\ 
 
 House, indicates the degree of party violence in which it 
 had been engendered. It finally passed (Jan. 13} by 
 yeas 73 — nays 69. 
 
 The length to which the Speaker extended his partial- 
 ity to his party, through the privilege of appointing 
 committees on the part of the House, was on several 
 occasions the subject of complaint by the opposing or 
 republican party. It is not, however, our intention here, 
 to adopt the impressions of either party against the other, 
 without the evidence upon which they were founded. 
 The appointment of the committee on the returns of votes 
 for Governor, on the part of the House, was what first 
 excited alarm. Of five, selected by the Speaker to 
 compose that committee, four were active partizans of 
 the federal, or Huntoon party — and two of them were 
 most especially obnoxious to the observant of both parties, 
 on account of their reputed littleness of mind and desti- 
 tution of moral restraint, on all matters of a political 
 nature. It had been customary, and not considered 
 unfair, for the Speaker of the House and the President of 
 the Senate, each to appoint a majority of his political 
 friends to each committee, on subjects involving political 
 interests. But the appointment of four out of five, from 
 tlie ranks of one party, and men, too, so noted for their 
 prejudices and relentless bitterness of feeling towards 
 opponents, as were the four alluded to, had no precedent 
 under the government, and was denominated by the re- 
 publican members as an act of oppression and violence, 
 in character only with the other unprecedented measures 
 by which they had been attacked, and the intention of 
 the government abused. It was, to say the least, arbitra- 
 ry, and a departure from all precedents. But from the 
 appointment there was no chance for an appeal. 
 
 On the 14th of January, Messrs. Dunlap, Hilton, Hutch- 
 inson, Morse, Ingalls, Healeyand Hutchins were appoint- 
 ed a committee in the Senate, to examine the returns of 
 votes from the several towns and plantations in the State 
 for Senators, ascertain who were elected, what number of 
 vacancies existed, and who were the constitutional candi- 
 dates to fill those vacancies. We introduce this fact here 
 to keep even the dates of proceedings in both branches. 
 
 The joint committee on the returns of votes for Gover- 
 nor, consisted of the following gentlemen : — On the part 
 
Btport of the Committee, in Senate. 57 
 
 of the Senate, Messrs. Megquicr, Gardner and Davee ; and 
 *)n the part of the House, Messrs. Boutelle, Sliaw of VV^is- 
 cassct. Smith of NewfieKl, Boniiey, and Norton. They 
 made a reixjrt* to the Senate on the 19th Jan. which was 
 laid on the tahlc, and resiuned on the 21st. The dociuncnt 
 was a rcinarkabJe one, and the snhject of much debate. 
 The republican nifrnbers saw in it sufficient to condemn j 
 and ere it had passed a first time in review by either 
 branch, it was attacked and torn in argument without 
 mercy. The federal party, on the other side, appeared to 
 care but little how much it was mangled, provided the 
 election of their candidiite, Mr. Huntooa, was eticcted in 
 the end. They were willing to yield to either half of their 
 opponents" arguments ; but not to the whole. Tlie latter 
 however, insisted on the whole with equal propriety, and 
 seemed intent on stopping at nothing short of adopting 
 or rejecting throughout, one or the other of the two sets 
 of principles which, as they contended, were arrayed 
 against each other in the report. 
 
 Mr. Megquicr first moved to amend the report by in- 
 serting and counting the votes fiom the town of Hermon, 
 which the committee had rejected. This was debated 
 through the afternoon, by Messrs. Megquier, Hutchinson, 
 Ingalls, and Dunlap, in support of the motion ; and by 
 Messrs. Kings^bery, Phelps, and Hilton against it. In 
 regard to these votes, the report said : — 
 
 " The votes from Hermon were rejected, because tlic return was 
 uot attested on the inside by the Town Clei-k. It appeared by said 
 jretiirn, that three votes were given in said town lor JoiiatJian G. 
 llimtoon, and forty seven for Sutnivel E.t?niith." 
 
 The return was attested on the inside by the three Se- 
 lectmen, and on the outside by both the Selectmen and 
 Town Clerk, in the usual form and terms. This, as was 
 contended, was enough. It was all the constitution 
 required ;f and further, the constitution did not direct 
 whether the attestation by the town clerk should be upon 
 the outside, inside, at the top, bottom, corner, or either 
 margin of the return. J That, therefore, the return waa 
 sufficient. That the otily object of an attestation was, to 
 satisfy the Legislature beyond a rear^nable doubt, that 
 the return was a true one, and that votes were thrown by 
 the town, as represented. That no doubt could exist as 
 
 *S<!e Appendix [A.] t Mi ;.quiir t Ingall<i, Hijrc.liin=nn, Me^qujen 
 6 
 
58 Votes for Governor. 
 
 to Hermon's having thrown the votes returned, and, there- 
 fore, they should be counted. That, votes from the town 
 of Mercer,* had been allowed by the committee, although 
 no regular nor original return from that town was before 
 them, and en the ground that there was other evidence 
 upon which the committee could reasonably believe that 
 Mercer gave the votes as represented. That this was 
 done upon the principle and in a spirit of just liberality, 
 to come at the true intent of the constitution, — to carry 
 that intent into full effect, and to secure to the citizens at 
 large the benefit of their right of suffrage. The same 
 principle and the same spirit should influence the Senate 
 upon the Hermon votes. 
 
 It was further contended, that in regard to the returns 
 from Vinalhaven, Alexander, Charleston, Solon, Cherry- 
 field and Plantation No. 14, f reference was made to the 
 certificate upon the outside, to explain, and supply, and 
 even to contradict the certificate of the town officers on 
 the inside, in order to save them. That the same saving 
 principle should be applied to the Hermon votes. And 
 why not? 
 
 Again, it was contended! that the returns from Wales, 
 Dresden, &c. (see Report) were not certified to have 
 been sealed up in open town meeting. Yet this fact was 
 presumed and the neglect of the town officers supplied, 
 upon the principle that there could be no doubt of it, 
 from what appeared. The same charitable construction, 
 or extension of liberal principles, was all that was asked 
 for the votes of Hermon. The principle of supplying 
 omissions or trivial defects on the part of town officers, 
 to save the rights of voters, where no doubt could exist 
 from what appeared as to the truth, should be extended 
 to all or to none of the returns. 
 
 On the other side, it was contended || that the return 
 of the Hermon votes was not constitutionally attested ; — 
 that it was not enough to have the attestation of the town 
 officers on the outside. That former Legislatures had 
 rejected the returns of many towns, because they were 
 not attested ;5, that the constitution must be complied 
 with, — that, however unpleasant it might be to reject the 
 
 * Mercer gave for Huntoon, 93 votes — for Smith, 44. 
 
 t See Report in the Appendix. These several returns gave 253 for Huntou 
 and 206 for Smith. 
 \ Megquier. || Kingsbery. § Hilton and Kingsbery. 
 
Report of the Committee, in Senate. 5^ 
 
 voles of any number of citizens, their votes must be reject- 
 ed if not returned according to law and tlie constitution; 
 that precedent was in favor of rejecting the Hermon 
 votes ; that those who were in favor of admitting them, 
 had been, on other questions, strenuous supporters of 
 precedent, and therefore they sliould now adhere to it.* 
 
 In reply, it was contended,! that no precedent existed 
 for rejecting any return because it was attested on the 
 outside only. Tiiat all the precedents referred to, estab- 
 lished by former Legislatures, related to returns which 
 had no attestation whatever by the town officers, — that 
 such was not the case of the Ilermon votes, and therefore 
 the precedents cited would not apply. 
 
 The motion was negatived by yeas and nays, as follows : 
 
 YEAS. — Messrs. Davee, Dunlap, Hall, Hutchinson, Hutchins, 
 Ingalls, Megquier, Steele. — 8. 
 
 NAYS. — Diummond, Gardner, Hinds, Hilton, Healey, Kingsbcry, 
 Phelps, Morse. — 8. 
 
 Mr. Megquier then moved to amend the report of the 
 committee, by adding and counting the two votes return- 
 ed from the town of Kittery. 
 
 In regard to these votes, the committee in their report 
 say : — 
 
 "In the return of votes from Kittery, which was in the common 
 printed form in other respects, is the following statement, to wit : 
 'After the above votes were sorted, counted and announced, and 
 before the record was made, two moi'e votes were given for the 
 Hon. Samuel E. Smith.'" 
 
 The motion was opposed by Messrs. Phelps and Hilton, 
 and supported by the mover and Mr. Dunlap. Opposed, 
 on the ground that the poll was closed, before the two 
 votes were received, and that the votes of Kittery were 
 not duly returned. It was supported on the ground, that 
 the right of suffrage was sacred ; that it could not be 
 denied to any citizen while the list of votes remained 
 unfinished ; that the poll was not closed while any man 
 was present to give in his vote, before the return was 
 sealed ; that even a vote of the town to close the poll, 
 would not deprive a citizen of his right to vote ; that the 
 day for him to vote for State officers was designated by 
 the constitution, and he had, therefore, a constitutional 
 right to select his own time during the day to cast his 
 vote. 
 
 " Jliltoa. t Uu|chiiison, Insall?. 
 
GO Votes for CvO'Vernor.' 
 
 After a short discussion, Mr. Kingsbery declared h\e 
 intention to vote for the motion, and this brought out Mr, 
 Healey, on the same side, after which all argument ceased. 
 The decision was in the affirmative, as follows : 
 
 YEAS. — Messrs, Diinlap, Davee, Hutchins, Hatchinson, H.1II, 
 Ingalls, Megquier, Steele, Kingsbery, and Healy. — 10. 
 
 NAYS. — Drummond, Gardner, Hilton, Hinds, Morse, & Phelps.-b\ 
 
 A motion was then submitted by Mr. Davee, to amend 
 the report by adding and counting the seventeen votes 
 returned as scattering, mentioned in the following clause 
 of the report : — 
 
 " Seventeen scattering votes appear by the returtjs to have been 
 given, but the returns do not desi<fnate the persons for whom they 
 were given. The conimitiee did not allow and count them." 
 
 The motion was opposed on the ground that it was im- 
 possible to determine whether the persons for whom ihe 
 Votes were given, were constitutional candidates or not ;* 
 that the names of the persons voted for must be returned, 
 in order to make the return legal; that one of them may 
 be one of the four highest candidates, in case of no elec- 
 tion, and be sent up to the Senate as one of the two from 
 whom the Senate must select a Governor. 
 
 On the other side, it was contendedf that, as the votes 
 had been thrown by legal voters, they should be counted j 
 that although they were not in favor of either of the prom- 
 inent candidates, yet they were against both, and so far, 
 they should be allowed to weigh ; that a fair and liberal 
 construction should be given to the will and intentions of 
 the people, when these could be satisfactorily known ; 
 that it was upon this principle that the votes of the citi- 
 zens of Mercer had been admitted, although not returned 
 exactly in conformity with the constitution ; that as every 
 presumption of law was in favor of the actor and of his 
 having exercised rightfully his privileges, until the contra- 
 ry appears the presumption must be, that the seventeen 
 scattering votes were given for constitutional candidates ; 
 that if they could not be understood as being in favor of 
 any particular candidate or candidates, in consequence 
 of the neglect of town officers to return the name or 
 names for which they were given, they could, nevertheless, 
 be so far understood, as that they were given against both 
 the leading candidates ; and, therefore, should be so far 
 counted, by being added to the aggregate number given 
 
 * liingsberry, Phelps* f L'avee, Hutchinson, DuuJap, MegquJer. 
 
Report of the Committee, in Senate. Gl 
 
 Ijy the people. Tliey are the people's votes, and of right 
 should be allowed, to the exlont oi the will which they 
 clearly express. 
 
 The motion was negatived, the eight republican mem- 
 bers voting in the affirmative, and the eight federal Sen- 
 ators in the negative. 
 
 Mr. Mcgquier moved to amend the report, by adding 
 the votes of Plantation No. 23. Of these the report 
 says : — '• The votes- from Plantation No. 23, in Wash- 
 ington county, were rejected ; the return purpijrting to 
 be a return from the town of No, 23, and being signed as 
 by the Selectmen of No. 23 and Town Clerk." 
 
 The chief argument made use of against this motion,f 
 Was the admitted fact that there was no such town as No. 
 23; — and that if there was such a Plantation, it could 
 have no Selectmen, nor Town Clerk. On the other side,f 
 it was contended, that no one could doubt the correctness 
 of the return, \n point of fact. No one could doubt that 
 in Plantation No. 23 the alleged number of votes were 
 given, that they were regularly sorted, counted, and 
 sealed up in open town meeting, by the Assessors and 
 Plantation Clerk ; and that the mistake in regard to the 
 capacity of the officers making the return, and in regard 
 to the description of the Plantation, was owing entirely 
 to their using a blank form designed for an incorporated 
 town, and their omitting, either through mistake or inex- 
 perience, to make the blank return conform to the 
 affairs of a Plantation. That under such circumstances, 
 with such evidence before them, it would be wrong, 
 unjust, oppressive, and in violation of every principle of 
 liberality, to disfranchise the voters of that Plantation, 
 and to say they should have no voice in the election of 
 Governor. And, more especially would it be -iniquitous 
 to do so, in sight of the liberality and accommodation 
 already extended to the voters of Vinalhaven, Alexander, 
 Charleston, Solon, Cherryfield, Plantation No. 14, Blue- 
 hill, and Mercer. 
 
 The question was decided in the affirmative, — yeas 9, 
 nays 7, Mr. Drummond. of the federal party, voting with 
 the eight republican members against the other seven 
 federal members. 
 
 * One for Hiinton, sixteen fur (?iniil). 
 
 i Phelps, Hilton. X Hutchinson. Ingalls, Dilnlap. 
 
62 t^otes/or Governor. 
 
 Mr. Dunlap next moved to add and count in the report 
 the votes of Bailey ville.* The report says : — 
 
 " The votes from tlie town of Bailey ville wei'e rejected ; the return 
 from said town being certified on the inside, by Daniel Ford, as 
 town clerk, and certified on the outside, by Seth E. ilutcbinson, as 
 clerk of said town." 
 
 The motion was opposed in debate, until the adjourn- 
 ment. On the next day, the 23d of January, Mr. Dunlap 
 moved to commit the report to a select committee. — 
 After a short debate, the motion was so modified as to 
 commit only that part which related to the return of votes 
 from Baileyville, with instructions for the committtee to 
 lay before the Senate the evidence, in the possession of the 
 Senate, to show who was the town clerk of Baileyville. 
 Mr. D. said his object was to clear up all existing doubt 
 in regard to this return. There is evidence in the return 
 of votes for senators from Baileyville, which will satisfac- 
 torily show who was the legal town clerk, and that one 
 of the certifying officers upon the return was the man. 
 
 The motion was opposedf on the ground that it would 
 not be parliamentary to refer the report of a joint com- 
 mittee to a select committee of one branch of the Legis- 
 lature ! that if committed at all, it should be committed 
 to the same joint committee. 
 
 In reply, it was contended J to be strictly parliamentary 
 to commit a portion of the report as proposed ; that it 
 was entirely under the control of the Senate now ; — that 
 if any explanation could be given of the return from 
 Baileyville, the Senate should know it and act under- 
 standingly ; — that this course of proceeding was due to 
 themselves as Senators, and it was due to the voters of 
 Baileyville ; — that the object was not delay, but informa- 
 tion ; that to refer it to a joint committee, it must be sent 
 back to the House to be acted upon there, and delay 
 would be unavoidable ; that if it was unparliamentary to 
 commit it as proposed, it had better be done than to 
 preclude the truth, and disfranchise any portion of the 
 people ; that it was only the t7'uth that was sought, and 
 when it could be so easily obtained, the shadow of form 
 ought not to preclude it. But the motion was negatived, 
 
 YEAS — Dunlap, Davee, Hall, Hutchinson, Hutchins, Ingalls, Meg- 
 quier, Steele — 8. 
 
 * 14 for Smith, for Huntoon. 
 
 t Kingsbery, Phelps, Hilton. t Megqaier, Hutchinson, Dunlap, Ingalls. 
 
Report of the Committee^ in Senate. 63 
 
 NAYS — Drunimond (iardner, lIenlcy,niIton, Hinds, Kingsbery, 
 Phelps, Morse — 6. 
 
 The object of treating the voters of Buileyville witli 
 the liberality extended to other towns, whose returns 
 were no less defective, was not abandoned here. Mr. 
 Mcgquier, after the last vote had been declared, moved 
 " that the chairman of the committee on the returns of 
 votes for Senators, be requested to read to the board the 
 return of votes for Senators from the town of Bailey vi lie, 
 to show who was the clerk of said town." 
 
 The only argument offered in opposition to this motion 
 was, that it was unparliamentary to read such evidence in 
 debate* — that the report should be recommitted, or no 
 new light could properly be admitted upon tiie subject of it. 
 
 In reply it was urged, f that it was altogether inexpedi- 
 ent to waste the time of recommitting the report, when 
 the evidence asked was contained in a single line of a 
 document already in the possession of the Senate, it being 
 in the hands of the chairman of the committee on senato- 
 rial returns, who could read in a minute all that was re- 
 quired ; — that if the objection to the return of votes from 
 Baileyville was, that two persons had certified as town 
 clerks — one being, probably, clerk pro tern, in the absence 
 of the other, the legal clerk ; — that if gentlemen who 
 make this objection, would permit the other return from 
 the same town to be read, all doubts as to who was the 
 town clerk, would be dissipated ; that, if they would not 
 do this, it was asked what evidence there was, that Daniel 
 Ford, the certifying clerk on the inside, is not clerk of 
 Baileyville ? It was contended, that there was no such 
 evidence, and therefore the Senate was bound to presume 
 him to be the clerk, as they did every other person who 
 had certified as clerk in the returns from other towns ; — 
 that the evidence on the outside of the return, where 
 another person had certified as town clerk, could not be 
 taken as evidence to disprove Ford's being town clerk, 
 upon the principle which was adopted in the case of the 
 Ilermon votes, wherein it was decided that the return 
 upon the outside is not evidence to control the inside; 
 It was contended that the Senate ought to make the 
 principles which they adopt, square with each other ; — 
 that the Senate ought to be uniform in their principles, 
 apply tliem throughout, or reject them throughout. 
 
 " Kin^jbfij-, Hiltoij. t Hulcliinson, liigulls, Me^qtiio:. 
 
64 Votes for Governor. 
 
 But this motion was rejected ! Messrs. Davee, Dun- 
 !ap. Hall, Hutchinson, Hutchins, Ingalls, Megquier, and 
 Steele — 8, voting in favor of it; and Messrs. Drummond, 
 Gardner, Hilton, Hinds, Healey, Kingsbery, Morse, and 
 Phelps — 8, voting against it ! 
 
 The next question was on the acceptanc-e of the report- 
 Here the ground, pro and con, was principally gone over 
 again, in regard to each set of votes that had been in any 
 degree questioned. It was apparent, however, that the 
 supporters of Mr. Huntoon were fully determined to 
 admit no more returns, as his election would thereby be 
 defeated. The admission of almost any of the returns 
 that had been rejected, would have defeated his election. 
 They saw this, and there they halted. As we shall recapit- 
 ulate a little of this subject in the succeeding chapter, the 
 state of the votes on this final question of accepting the 
 report will only need to be added here. On accepting, 
 without any further amendments or additions, — 
 
 YEAS. — Messrs. Hinds, Morse, Kiugsbnry, Gcirdner, Hilton, 
 Healey, Driitnmond, Phel|)s. — 8. 
 
 NAYS. — l>un!a|), IiigalJs, Megquier, Hutchinson, Steele, Hail," 
 Hi, tellings, Davee. — 8. 
 
 The report was thus rejected by the Senate. 
 
 CHAPTER VHI. 
 
 Report on the votes for Governer in the House — Rs 
 inconsistencies — Reflections. 
 
 The report of the committee on the returns of votes 
 for Governor, was now sent to the House of Representa- 
 tives. On the 27th of January it was called up, and Mr. 
 Boutelle moved to accept it, with the amendments made 
 by the Senate, (they being the addition of the two K'.ttery 
 votes and of the votes of Plantation No. 23.) This mot on 
 was divided, and the amendments only were adopted first. 
 Mr. Rnggles then moved to add the vote of Hermon. Mr. 
 Boutelle inquired if the Htrmon votes had not already 
 been adopted in the amendments made by the Senate and 
 just now accepted by the House ? The speaker replied 
 
Report of the Committee^ in the House. 65 
 
 m the negative. Mr. Rugglcs then remarked, that as the 
 gentleman from Waterville was on the committee tliat 
 made the report, it must be presumed he is acquainted 
 with tlie principle which the Hermon votes involve; and, 
 as that gentleman presumed they had been adopted 
 by the Senate, and that ins motion to adopt the amend- 
 ments of the Senate had embraced the Hermon votes, it 
 was believed Mr. Boutelle must now be in favor of the 
 Herman votes. 
 
 After some little discussion, in which the effect of 
 adoj)ting the Hermon votes upon the election of Mr. 
 Himtoon was explained sufficiently for all the federal 
 party to understand their necessities, the motion was 
 rejected by yeas and nays, as follows : — 
 
 YEA.-s. — York Counlij. — WeflfjwooJ, Spinney, Bradbury, Weiit- 
 ^vortll,* N. Clark, Lorclj Kezer, Goodwin 3d, Cfiaso. — !).f 
 
 Cumberland. — Larrabee, Rideout, Wliceler, Woodbury, Stroiit, 
 Morrell, Mann, Latliain, Stinchtield, VVaternian,Jordan,Fogg, Shaw, 
 Bishop.— 14. 
 
 Lincoln. — Linnen, >Sniith, Watts, Ruggles, Lermoiul, Andrews, 
 Thonies. — 7. 
 
 Hancock. — Thomas, Burnhain. — 2. 
 
 if'dshinscton. — Chandler, F^iriissvorih. — 2. 
 
 Kvnnehtc. — Johnson, Howard, White, Morse, Bridgharn. — 5. 
 
 Oxford. — Hutchinson, Frost, Howard, Small, Barnard, Tobin, 
 i*erry, Cole, Bouncy, Nevers, Howe, Chaelks.| — 12. 
 
 Somerset. — Bartlett, Bean, Patterson. — 3. 
 
 Ptnobscol. — Kelsey, Bartlett, Eujery, Lowney. — 4. 
 
 JValdo. — Richardson, Lambert, Rowe, Trafton, Small, Snow. 
 jGlidden, Leiinan, Ku'iwlton, Alden, Swctt, Carr. — 12.|| Total 70, 
 
 NAYS. — York Conntif. — Goodenow, Shapleif;h, Deshon, Bourne, 
 Stone, Hill, Sanborn, Smith, Scamman, Powers, Gilnian. — 11. 
 
 Cumberland. — Curtis, Wiilet, Mitchell, Welb, Sylvester, Johnson, 
 JBlakfi, ,\dams. Swan, Dod<j-e, Waterman. — 11. 
 
 Lincoln. — Macgoun, Hatch, Jacjues, McKovvn, Baxter, Sevvall, 
 Trask, Smith, Tdjbetts. Mynck, Perkins, Shaw, j\lilIer,Peaslce.-14.§ 
 
 Hancock. — Pond, Walker, Allen, Jolmson, Crabtree, Chamber- 
 lain. H — G. 
 
 Washington. — Folsom, Movvry, Buttertield, Hamlin, Freeman. — 5. 
 
 Kcnnebtc. — Severance, French, Weeks, Ames, Adams, Clark, 
 
 * This name is printed on page 34, J. T. Clia^e, by mi-t.ike. 
 
 t Riiherts'a excluaion altered the republican vote of this county from what it 
 is nn page 34. 
 
 \ Charles got into the republican ranks, and varied tlie vote of tliis county 
 from what it is on p. 34. 
 
 IJ /Mr. Goddaj-d'ii abrienoe varied the vote of Waldo, from what it is p. 34. 
 
 ^\ Piitterson wan ubsi-nt. 
 
 % Mr. C's name is omitted among; the nays, p. 34, through mistake, although 
 in<;!iide(l in th« aggrcgnle. 
 
 9 
 
66 Votes for Governor. 
 
 M'GafFey, Scamman, Spaulding, Hoyt, Merrill, Robinson, Boutellfe. 
 Wood.* — 14. 
 
 Oxford — Parsons, Barrell. — 2. 
 
 Somerset. — Caldwell, Norton, Hutchins, Allen, Bartlett, Thurston, 
 Greaton, Searle. — 8. 
 
 Penobscot. — Kent, Clark, Fowler. — 3. Total 74. 
 
 From the preceding votes, the reader will perceive that 
 no alteration had taken place since the commencement 
 of the session, in the ranks of either party, excepting in 
 the change of sides by one individual. 
 
 A motion was next made by Mr. Smith, of Nobleboro', 
 to add the seventeen scattering votes given for Governor, 
 and reported by the committee, as rejected. This motion 
 was advocated by the mover, Mr. Ruggles, and Dr. Burn- 
 ham. The course of the federal party in regard to the 
 report, appeared to be so well concerted and understood, 
 as to need no argument. They voted the motion down 
 without a word of argument against it. Yeas 69 — Nays 
 73, 
 
 The question on accepting the report of the committee 
 as amended in the Senate, was then taken by yeas and 
 nays, and decided in the affirmative. Yeas 75 — Nays 69. f 
 
 Various reflections naturally crowd themselves upon 
 the mind of the reader here. It cannot be concealed, 
 that the manner of treating the returns of different towns, 
 the great and singular partiality shown to those of some 
 towns, and the striking hostility manifested towards those 
 of others, are too truly calculated to lessen the reputation, 
 and to degrade the character of the government of Maine, 
 in the estimation of all under whose observation those 
 proceedings came. The extent of party spirit and vio- 
 lence, indicated in the favoritism shown to such returns 
 as contained a majority for Mr. Huntoon, and the rejection 
 of such as contained a majority for Mr. Smith, cannot be 
 said to have a parallel in the proceedings of any other 
 legislative body. The better to illustrate the truth of 
 this remark, and to exhibit the inconsistency of the Re- 
 
 * A member from Winlhrop, elected, since the commencement of ihe session, 
 in place of T. Fille.brown. 
 
 ■f Every man's vote was the same as on the preceding question, excepting 
 Morse's; who voted theti with the republicans,but 7<om' w ith the federalists; and 
 Chamberlain's, who voted now with the republicans, but on the former question 
 with the federalists. Patterson, of Lincoln, was also present now and voted 
 with the federalists, making 75. Tobin, of Oxford, who voted with republicans, 
 on former questions, was absent, and Goddard was also still absent from indis~ 
 . position, which reduced the number to 69. 
 
V^otesfor Governor. ♦)? 
 
 port in a sliortcr view, portions of it are here presented. 
 
 Tlje return of Ilurinon was "The returns from Vinalhuven, 
 
 attested on tlie outside by tlie &;c. bear date on the inside as of 
 
 town clerk, but nut on the Jdai'rfe. Septeiuljer, A. D. JH09, and on 
 
 These votes were rejected, say the outside as of iScpteinbor, A. 
 
 tiie committee, "because the re- D. ItS'ilJ ; and tlie votes from suid 
 
 turn was not attested on the in- towiis and ]»Juntations were ul- 
 
 sidt," — the 0H/5it/e could not be lowed and counted, viz: for Jo- 
 
 laken to help it — 3 tor Hunton, natlian G. Ilunton, 253; forSam- 
 
 •17 for Smith. Majority for S. 44. uel E. Smith, 200." JMajority for 
 
 llunton, 47. 
 
 It can hardly be reconciled to the understanding of an 
 honest mind, how the outside of one return could be taken 
 to supply the defect of the inside, and the inside of the 
 other be wholly refused the aid, which its outside was no 
 less able to supply than was the outside in the other 
 case ? It may be a specimen of impartial and honest 
 legislation. But it will be difficult to make the impartial 
 and honest so understand it. By rejecting both returns, 
 Mr.H. would have lost 256 votes, and Mr.S. 253 — a diffe- 
 rence of three against the latter. By accepting both, Mr. 
 H. would gain only three votes more than Mr. S. But 
 by rejecting the one, and accepting the other, after the 
 manner of the Legislature, Mr. H is made to obtain a 
 majority of forty-seven votes, instead of only three, over 
 Mr. Smith — a number larger by seventeen votes, than 
 the majority which actually elected him, according to the 
 calculation of his own partizans, and the report as amend- 
 ed !* 
 
 " The votes from the town of "The return from Blueliill was 
 
 Bailey ville were rejected; tiie re- certified on the outside by the 
 
 turn being certified on the inside Selectmen, but not attested on 
 
 by Daniel Ford, as town clerk, the outside by the town clerk ; 
 
 and certified on the outside, by but the votes from that town 
 
 Seth E. Hutchinson, as clerk of were allowed and counted, viz: 
 
 said town. It appeared by said for Jonathan G. Hunton 86, for 
 
 return that fourteen votes were Samuel E. Smith, 33." Maj. for 
 
 given in said town for Samuel E. H. 53, 
 Smith," and none for Mr. Hun- 
 toon. 
 
 Again is it difficult to reconcile the principles upon 
 which the votes of the one of these towns were rejected^ 
 and the other admitted their full weight in the election. 
 
 ' After adding the votes of Kittcrv imd Flimtation No. 23, 23,286 were neces 
 -ary to a choice, and Mr. H. with all allowed him, had but 23,316 — a majority 
 of only 30. So on the Hermoiji votes. Mr. Iluntoon's election turned. 
 
68 Votes for Governor. 
 
 The character of the return upon the outside of one was 
 regarded of no importance to affect tlie return on the 
 inside of it; but in the other case, the character of the 
 return upon the outside was admitted to destroy the re- 
 turn on the inside ! 
 
 "The votes from Herrnon were "The votes from Mercer were 
 
 rejected, because the retinn was admitted and counted, although 
 
 r.ot attested on the inside, though no return M'as made, except a 
 
 it was on the outside, by the town document purporting to be a 
 
 clerk. It aj)i)eared by said return, copy of the original return, said 
 
 that three votes were given in to have been lost. It appeared 
 
 said town for Mr.Hunton, and for- by this, that in said town, 93 
 
 ty seven for Air. Smith." Major- votes were given for Hunton, 
 
 ity of 44 for Smith. and 44 for Smith." Majoritv for 
 
 H. 49. 
 
 It cannot be necessary to pursue this subject further, in 
 order to exhibit the true character of this report. It can- 
 not escape the observation of any reader, that every de- 
 fective return tlmt returned a majority for Mr. Huntoon, 
 was admitted, notwithstanding its defects; while every 
 defective return that shewed a majority against him, and 
 for Mr. Smith, was rejected, however trivial the defect, 
 with the exception of the two votes from Kittery, and the 
 votes of Plantation No. 23, added by the Senate, which 
 were so small as not to vary the result. This uniformity, 
 so studied and unjust in its operations, betrays a design 
 highly derogatory to the public character of a Legislative 
 body. It is calculated to destroy the confidence of the 
 people in their legislators, and to create distrust abroad 
 excessively prejudicial to the character of the State. No 
 propitiation can undo the impression which such striking 
 injustice and barefaced inconsistency, leave upon the 
 mind of the observer. It will require the best endeavors 
 of t!ie people, for perhaps a long time, to make it known 
 equally far, that they do not justify and cannot approve 
 it. Although the corrective power is in and with them, 
 the exercise of it must necessarily be tardy. In the mean 
 time, our people must suffer beyond measure in their 
 character, and be stigmatized, perhaps for want of probi- 
 ty, permanency of principle, good government, and those 
 primary virtues, essential to public security and happiness. 
 To avoid this deep humiliation as much as possible, the 
 earliest occasion must be improved to vindicate their pre- 
 existing usages and the salutary injunctions of the con- 
 
Andrew Roberts. 09 
 
 stitution, by wiping from the records of state, or explicitly 
 disowning, pioceedings so obnoxious to the spirit and 
 intentions of the Constitution, which should not be under- 
 mined nor contaminated, to subserve the purptjses, or to 
 vindicate the measures of any party, by whatever name 
 known. 
 
 CHAPTER IX. 
 
 Renewal of Mr. Roberts's claim. — Its final disposition. — 
 Second Order of Mr. Boutelle. 
 
 On the fifteenth day of the session, (20th Jan.) an order 
 was introduced, accompanied by the memorial of Andrew 
 Roberts, to restore him to his seat in the House, subject 
 to any further investigation that might be had in his case 
 by the committee on contested elections. The memorial 
 was supported by the depositions of fifteen citizens of 
 Watcrborough, including the depositions of the other two 
 Selectmen, j>roving incontestibly, that there was a regular 
 and legal adjournment of the town meeting in Watcrbo- 
 rough, from the 14th to the loth of September, by a vote 
 of the town, on a motion regularly submitted, put, declar- 
 ed, and not doubted. 
 
 It was now urged that he had made out a prima facie 
 evidence of his right to a seat, and that he ought, there- 
 fore, to be admitted to hold it, in the same manner and 
 upon the same principle that other members, whose seats 
 were contested, and who had made out only a prima facie 
 case, held theirs; that is, until the committee on contest- 
 ed elections should fully investigate and report upon his 
 case, and the House should, on a view of the whole 
 ground, solemnly decide against his right. 
 
 Considerable debate ensued, growing out of various 
 motions made to commit and to amend the order, and to 
 adjourn the House. Mr. Adams of Portland moved to 
 commit the order, memorial and depositions, to the com- 
 mittee on contested elections. The effect of this was, to 
 deprive Mr. R. of his seat until the committee might see 
 fit to report on his case. The motion was opposed by 
 the republican members, and supported by the mover. 
 
70 Andrew Roberts. 
 
 Messrs. Kent, Bourne, Norton, &c. Mr. Ruggles moved 
 an amendment to the motion to commit, which was in 
 efl'ect to allow Roberts his seat upon the evidence he 
 had produced, until that should be rebutted by ihe com- 
 mittee on contested elections. Various questions of order 
 now arose, in deciding upon which, the Speaker very 
 evidently felt great embarrassment,* as Mr. Ruggles's 
 acquaintance with questions of order enabled him to out- 
 general both the Speaker and the adverse party. Mr. 
 Kent thereupon moved for an adjournment. This was a 
 signal of distress to the federal party. It was at war with 
 all their previous professions of a desire to avoid delay. 
 As his party was somewhat disconcerted, the motion was 
 negatived by a vote of 69 to 69, the Speaker voting for 
 the adjournment! A little more discussion ensued, upon 
 Mr. Ruggles's amendment to the motion to commit, when 
 the motion to adjourn was renewed and negatived by a 
 vote of 71 to 71 — the Speaker and the whole federal 
 party again voting for the adjournment ! These were the 
 first and, we believe, the only motions made by any fede- 
 ralist during the session, which were not carried off hand 
 at the first trial ! 
 
 Mr. Norton now offered several counter depositions, to 
 be read from the chair. To these, objections were made 
 on the ground that Mr. Roberts had not been notified of 
 the taking of them ; and further, on the ground that it 
 did not properly belong to the House to enter into evi- 
 dence to disprove the prima facie evidence of any mem- 
 ber's right to a seat, but to the committee on elections ; 
 that the House did not so treat the prima facie case of 
 any other member, but allowed him a seat upon it, and 
 deferred all decision in regard to it, until the committee 
 on elections had reported upon it. And further, it was 
 contended, that Mr. R had never been served with any 
 remonstrance, and had no knowledge that an adverse 
 party, excepting what existed in the House, was to ap- 
 pear against him, and therefore it was improper and un- 
 fair to read them. 
 
 The impropriety of admitting these depositions could 
 not be urged on stronger grounds. They were, neverthe- 
 less, admitted by the Speaker and read to the House ! 
 
 * In confirmation of this, see either the Eastern Argus or Portland Gazette, ef 
 Jf n. 22;. 1830. 
 
^Indrew Roberts. ' tl 
 
 These counter depositions amounted to twelve in all ; but 
 not one of the deponents undertook to testily that the 
 vote to adjourn the meeting (as testified by the other fif- 
 teen;) was not passed. They only testified, \\\;\\.they did 
 not know of it. Not one testified that a previous vote to 
 dissolve the meeting, or to adjourn it without day, was 
 passed or declared: yet this was the only point at issue. 
 
 A motion to adjourn until the afternoon was then 
 agreed to. In the afternoon the House met, but adjourned 
 immediately. On the next day, the subject of Mr. Rug- 
 glej's motion to amend was again debated. In contempt 
 of all usage, Mr. Smith of Newfield moved to introduce 
 before the House two witnesses for oral examination, 
 against Mr. Roberts's claim ! Even this motion found 
 one advocate, Doctor Shaw of Wiscasset ! The strong 
 light, however, in which its impropriety and disorganizing 
 tendency were set forth by the advocates of Mr. Roberts's 
 rights, effected a withdrawal of the motion, without a 
 decision of the House upon it. The motion of Mr. Rug- 
 eles to amend, was then negatived — Yeas 69 — Nays 74.* 
 The motion to commit was then carried, without a division 
 of the House. 
 
 The delay of the committee on contested elections on 
 Mr. Roberts's case, appeared to be stikingly inconsistent 
 with their readiness to take it up,f urged in debate. It 
 became, after many days silence, a subject of complaint 
 with Mr. Roberts and his friends. An order was conse- 
 quently introduced into the House, on the morning of the 
 28th of January, instructing the committee to report upon 
 it, so that it might be acted upon by the House on that 
 afternoon. No report was made, however, until the third 
 of February ! Two reports were then made ; one signed 
 by a majority of the committee, the three federal mem- 
 bers, to wit, Messrs. Clark, J of Hallowell, Bourne, of 
 Kennebunk, and Norton, of Canaan, against Mr. Rob- 
 erts's right ; the other, signed by the two republican 
 
 * The Speaker voted with liis party upon all questions. 
 
 t Mr. Bourne, of tlie committee on contesteil elections, supported the motion to 
 Rtljourn. His speecli is reported in the Portland Gazette of Jan. 22, as follows : 
 "iNlr. Bourne hoped tiie House would adjourn. He was anxiou.-^ that Mr. Rob- 
 pits should have hid seat, if he waM entitled to it; the committee, he said, noulil 
 h,ivit n meeting this afternoon, and Mr. K. could present Itis claims and have them 
 ■"-Hied forlhifiih.'\rji 
 
 t The same for whom Mr. King has subsequently been removed from the ofl5c<j 
 of Commusiouer on the Public Buildings, by Mr. Huntoon. 
 
"2 Vacancies in the iSenate. 
 
 members, Messrs. Clark, of Limington, and Cole, of Paris, 
 in favor of Mr. R's. right to a seat. 
 
 A motion was made by Mr. Swan, to print both reports, 
 as is usual in like cases. Messrs. Boutelle, Bourne^ 
 JVorton and Clark, opposed printing the report of the 
 minority ! But the motion to print both, prevailed by a 
 considerable majority. The subject was not resumed 
 again until the 5th, when it was again postponed until 
 the 9th of February. On that day a convention of both 
 houses prevented its being acted upon ; on the next it 
 was partially debated. On the 11th, the report of the 
 majority, advocated by Messrs. Pond of Bucksport, and 
 Clark of Hallowell,* and opposed by Messrs. Uuggles, A, 
 Smith, and Knowlton, was carried by a vote of 72 to 62. f 
 Thus, after a delay of 26 days, the claims of Mr. Roberts 
 were finally disposed of! It cannot be denied that, from 
 the beginning, through every stage of action and delay — 
 studied delay most apparently — he had justice, precedent 
 and the best of argument, on his side. And it must be 
 conceded, that he and his friends conducted themselves 
 with respectful submission, decorum and prudence, in 
 every stage, without relaxing any honest opinion, or 
 yielding but to an overpowering force, which was gov- 
 erned by no fixed rule or principle, and having in view 
 no other aim but the ascendancy of one party, and the 
 injury 6f the party opposed to it From the facts detailed, 
 every reader can make out his own argument and draw 
 his own conclusions, and at last decide, who was in the 
 wrong, and which party best deserves his future support. 
 
 On Friday, the 29th of Jan. Mr. Boutelle introduced 
 a short order with a long preamble, of quite a novel and 
 complicated character. The order without the preamble, 
 which was aptly denominated in debate " a head-dress of 
 many colors," was as follows : — 
 
 "Ordered, That a message be sent to the Senate requesting 
 Siucli Senators as liave been elected, to meet the members of this 
 House, in tlie hall of the House of Representatives, on Blonday next 
 at ten o'clock, and elect by joint ballot the number of Senators re- 
 quired." 
 
 The Senate at this time had not informed the House 
 what number, nor that any vacancies existed in the Sen- 
 
 * Both of these gentleineu have been uniformly avowed federalists, 
 t Previous to this period of the Session, several members of the republican 
 [jarty had obtained leave of absence, and others were not in theu- seatri. 
 
Afr. Boutelle's second ordcf. 
 
 ate ; jior had the Senate ascertained what, nor whether 
 any, existed. On the Tuesday preceding Mr. Boutelle's 
 order, the conunittee on senatorial votes made a report to 
 tiie Senatt;, that two vacancies only e.visted in that 
 branch. But that report had not been accepted ordy in 
 part, and it leiiiamed a question in the Senate still, 
 whether two, or four vacancies existed, and who were the 
 constitutional candidates to fill iheni 
 
 Under these circumstances, Mr. Smith of Nobleboro', 
 moved to postpone Mr. B's. order, until the following 
 Monday, and to print 300 copies of it i'or the use of the 
 mtnd)ers. He asked an opj)ortunity for consideration — 
 a time to consult the constitution. He said such an 
 order with such a preamble, and with so many new doc- 
 trmes — an order, the like of which had never before been 
 heard of in this House, ought not to be passed without a 
 minute examination. He uas not pre|)ared to say imme- 
 diately, it was unconstitutional ; but he was prepared to 
 say, that tiie principle inculcated was new to him, and 
 unprecedented in the House.*" 
 
 The motion was negatived — yeas 69, nays 74, — the 
 whole federal party in the negative. Mr. Kent, of Ban- 
 gor, a federalist, then moved that the next day at ten 
 o'clock be assigned for consideration of the order ; which 
 was carried. On the next day the order was resumed, 
 and opposed by the republican members, on the ground 
 that the House had no constitutional power to take cog- 
 nizance of any vacancies in the Senate, until oHi- 
 cially informed of them by the Senate, and of the 
 constitutional candidates to fill them ; — that the proposi- 
 tion to form a convention, could only originate with the 
 Senate — had never before proceeded from the House, and 
 could not be acted upon, but by a concurring vote of the 
 Senate ; — that as the Senate had determined nothing in 
 regard to the vacancies, or the constitutional candidates 
 to fill them, nothing in regard to either could be consti- 
 tutionally done by the House. f The order was supported 
 by Messrs. Boutelle, and Freeman, || of Cherryfield. — 
 Before the question was put, Mr. Ruggles moved to 
 strike out the preamble ; this motion was negatived 
 after much debate, by a vote of 07 to 73. Various ob- 
 
 * See rpport in Portland fi;i7,eite of February 2. 
 
 f Tlif *e grounds were .suh-equeiilly established most fully bv the decision of 
 the Judges of tJie Supreme Court. See Appendix. 
 II AKvnvs a foderalist. 
 
 10 
 
74 Vacancies in the Senate. 
 
 jections were then urged against the preamble and order, 
 including its unconstitutionality — its hnpropriety — its 
 inefficacy, and its inexpediency. But it was finally carried 
 by yeas and nays, as follows : 
 
 YEAS. — York County. — Goodenow, Shapleigli, Bourne, Stone, 
 Hill, Sanborn, G. E. Smith, Scaniuian, Powers, Gihnan.^ — 10. 
 
 Cumberland. — Curtis, Willett, Mitchell, Wells, Sylvester, Johnson, 
 Blake, Atlams, Swan, Dodge, Waterman. — 11. 
 
 Lincoln. — Magoun, Hatch, Jaques, McGown, Baxter, Sewall, 
 Trask, J. Smith, Myrick, Perkins, Shaw, Patterson, Miller, Peaslee. 
 —14. 
 
 Hancock. — Pond, Walker, Allen, Johnson, Chamberlain, Crabtree. 
 —6. 
 
 Washington. — Folsom, Mowry, Butterfield, Hamlin, Freeman. — 5. 
 
 Kennebec. — Severance, French, Weeks, Ames, Adams, Clark, 
 M'Gaffey, Scamman, Spaulding, Hoyt, Merrill, Robinson, Boutelle, 
 Wood, Morse. — 15. 
 
 Oxford. — Parsons, Barrell. — 2. 
 
 Some7-set. — Caldwell, Norton, Hutchins, Allen, J. Bartlett, Thurs- 
 ton, Greaton, Searle. — 8. 
 
 Penobscot. — Kent, Clark, Fowler. — 3. Total 74. 
 
 NAYS. — York. — Wedgwood, Spinney, Bradburj'^, Wentworth, 
 Clark, Lord, Kezer, Goodwin. — 8.* 
 
 Cumberland. — Larrabee, Rideout, Wheeler, Woodbury, Morrell, 
 Mann, Latham, Stinchfield, Waterman, Jordan, Shaw, Bishop. — 19.f 
 
 Lincoln. — Linnen, Smith, Watts, Ruggles, Lermond, Andrews, 
 Thomas. — 7. 
 
 Hancock. — Thomas, Burnham. — 2. 
 
 Washington. — Chandler, Farns worth. — 2. 
 
 Kennebec. — Johnson, Howard, White, Bridgham. — 4^. 
 
 Oxford. — Hutchinson, Frost, Howard, Small, Barnard, Tobin, 
 Perry, Cole, Bonney, Nevers, Howe. — 11. 
 
 Somerset. — Bartlett, Bean, Patterson. — 3. 
 
 Penobscot. — Kelsey, R. Bartlett, Emery, Lowney. — 4. 
 
 Waldo. — Richardson, Lambert, Rowe, Trafton, Small, Snow, 
 Glidden, Lennan, Knowlton, Alden, Swett, Carr. — 19.|| Total 65. 
 
 On the Monday following, Mr. Smith, of Nobleboro', 
 introduced the following preamble and order : 
 
 " Whereas an order has passed this House, dii-ecting a message 
 to be sent to the Senate, requesting such Senators as have been 
 duly elected to meet the members of this House in the hall of the 
 House of Representatives, this day at half past two o'clock in the 
 afternoon, and elect by joint ballot, the number of Senators required 
 — And whereas a novel and important question has arisen, whether 
 such convention can be formed and proceed to the business exjiress- 
 ed in said message, nntil the deficiencies which exist at that board 
 have been by them determined, and the constitutional candidates 
 therefor designated — Therefore 
 
 Ordered, That the Justices of the Supreme Judicial Court be 
 
 * Mr. Ciiase was absent. f ^Messrs. Strout and Fogg were absent. 
 
 X Morse voted with the federal party. 
 
 II Mr. Goddard was still absent, from indisposition. 
 
Vacancies in the Senate. 75 
 
 requested, pursuaiu to the provisions of tlie Constitution, to give 
 their ojiinion upon tiie tbllowing questions, viz: 
 
 1st. Can n convention of the members of the House of llepre- 
 eentativcs, and such Senators as are elected, be constitutionally 
 formed, without a concurrence of a majority of said Senators, if so — 
 
 2ndly. Has such a convention tiie jiower of designatiuir what 
 deficiencies exist in the Senate, until the Senate shall first have 
 deterniin(ul the elections of its own members, and thereby ascer- 
 tained the deficiencies and designated the constitutional candidates 
 for supplying saiil deficiencies? 
 
 3d. Can such convention, including but one half the number of 
 Senators elected, legally proceed to the business of supplying defi- 
 ciencies, not ascertained by the Senate, by the election of persons 
 not designated by the Senate as the constitutional candidates 
 tlierefor, provided that board do not agree to such convention and 
 the President thereof should decline attending the same ?" 
 
 On introducing this order, Mr. Smith remarked, that 
 he thought the order passed on Saturday to be unconsti- 
 tutional, as well as without a precedent. Other gentlemen 
 might honestly entertain a contrary opinion. If, however, 
 they had no fears for the soundness of their opinions, he 
 presumed they would not shrink from having them sub- 
 mitted to the triljunal which possessed the competent 
 powers to decide upon the subject. It has been admitted 
 to be a subject of serious and vital importance ; and we 
 ought to be willing to be put right, if we are now wrong, 
 as he believed we were. 
 
 Some debate ensued. Mr. Kent* moved to commit 
 the preamble and order to a select committee. This 
 was opposed by the republican members, and advocated 
 by Messrs. Kent, Shaw, of Wiscasset, Shapleigh, and 
 Bourne, and was carried, 66 in the affirmative, 64 in the 
 negative. Messrs. J^en^, Clai'k, of K., Boutelle,lRugg]es, 
 and A. Smith, f were appointed this committee. The time 
 for holding the convention was consequently postponed 
 until the next day, (Tuesday) at eleven o'clock. 
 
 On Tuesday, the three federal members of the last 
 named committee reported against submitting the ques- 
 tions for the opinion of the Supreme Court !§ Mr. 
 
 * Always a federalist. t Two republicans. j: Tliree federalists. 
 
 4 The report said — " Your coinmitiee have no duubt tliat the House has a 
 coiistitutional riglit to send sucii a message, aiid that the facts recited in ilie 
 preamble to .saiJ order, fully justify it i:i tlie course pursued — and that it is 
 unnecessary and inexpedient to protract tlie session alieady delayed beyond 
 precedent, by waiting for an opinion on points which your committee consider 
 plain and indisputable." The authors of this report — being three professed 
 laiiyers, must feel no small humiliation on turning from tlie decision of the 
 Judges upon these very points, back to their own opinion set forth in this report. 
 
T6 Vacancies in the Senate. 
 
 Ruggles thereupon moved to amend the report, by adding 
 the following interrogatory, for the opinion of the Court, 
 viz : 
 
 "Can the menibers of the House of Keprespntatives and tlie 
 members ofthe Senate, in convention, ronstitntionally designate who 
 are the conslitntional candidates to su])])ly sucii deficiencies, tiom 
 the evidence eitlier of a report of the Governor and Council, or a 
 report of a (Committee of the Senate, not aoepted or agreed to by the 
 Senate ; or fiom any other evidence than a vote of the Senate de- 
 claring who are the constitutional candidates?" 
 
 Mr. R. said his object was not delay. It was only to 
 have the House proceed constitutionally. He believed 
 they were about to violate the constitution, and break 
 down the independence of the Senate, by electing per- 
 sons to take seats in it, who never have bt^en adjudged 
 by that branch to be constitutional candidates therefor. 
 It was an opinion honestly entertained by himself and 
 many others, and instead of losing t me he thought the 
 House would gain time by obtaining the opinion of the 
 Court. It was a serious measure that contemplated set- 
 ting aside all precedent ; and every rational doubt in 
 regard to it should be removed ere it was adopted. — 
 This course was dictated by every principle of sound 
 policy, of economy, of regard for the safety ofthe consti- 
 tution and for the character ofthe legislature. 
 
 Mr. Norton moved that both the report and Mr. R's. 
 amendment, lay upon the table. This was opposed by 
 Mr. A. Smith, and Ruggles ; and supported by Mr. Clark, 
 of H., and Norton, and carried by yeas 75 — nays 69 — the 
 members ofthe federal j>arty going in a solid phalanx for 
 it, and the republican members as unitedly against it. 
 
 The Speaker read about this time, an informal reply to 
 the order of the House proposing a convention, from the 
 eight federal Senators, saying tiiey would meet the mem- 
 bers of the House of Representatives, as had been pro- 
 posed, at 11 o'clock of that forenoon. Shortly afterwards 
 they* appeared for that purpose in the hall ofthe House 
 of Representatives. But before entering upon the doings 
 ofthe Convention, some proceedings in the Senate de- 
 serve our notice, 
 
 * Messrs. Kingsbery, Drnmmoui], Hilton, Hcaly, Hinds, Morse. Phelps, 
 Gardner. 
 
Senatorial flutes. 
 
 CHAPTER X. 
 
 Senatorial 1 "^otes — Constitutional Qvestions — Secession 
 of the eight federal ^^enutors from the t-Senate. 
 
 On the 2Cth of January, the ccMiimittee on senatorial 
 votes reported, that Messrs. Diinlap, Ingalls, and Mcg- 
 quier, of Cumberland, Steele, and lluteliinson, of Oxford, 
 Gardner, Hilton, Healy, and Drummond, of Lincoln, 
 Hall, and Hutciiins, Jr. of Hancock and Waldo, Kings- 
 bery, Morse, and Hinds, of Kennebec, Phelps, of Somer- 
 set, and Davee, of Penobscot, had been duly elected by 
 the people. The report shew that the senatorial votes 
 from the town of Hermon, given for Mr. Phelps, were in 
 the return defective in the same manner as was the return 
 of votes for Governor, from that town. The cornmiltee, 
 however, counted them. And, on motion of Mr. Kings- 
 bery, the report was divided and so much of it as related 
 to the elections of the several individuals named, was 
 adopted. It is to be remarked, that the Hermon votes 
 (or Senator, met with no ojjposition from any of those 
 who opposed the counting of the Heimon votes for 
 Governor, but were allowed and counted for Mr. Phelps !^ 
 
 The report also deelareil Benjamin Pike,f and Abijah 
 Usher, Jr J to have been elected Senators from the county 
 of York, and that one vacancy of Senator existed in that 
 county : — and that Moses Swett and James Goodwin 
 received the next highest number of votes, and were the 
 constitutional candidates to fill that vacancy. Both of 
 these last named gentlemen were known to be repub- 
 licans. It was soon discovered, that it would be an 
 unj)leasant task, for the forced majority of federalists in 
 the House, to elect either one or the other of these 
 republicans, to fill the vacancy in the Senate. But the 
 report also shew another vacancy in Washington District, 
 where one of the constitutional candidates was known to 
 belong to the federal party. So that, by filling the two 
 vacancies, the balance of members in the two parties diij 
 not appear likely to be altered. 
 
 " Perliiips tliis fjict will coiiviiice the reader, liow little liie federal parly ftcr^ 
 opposed ill principle to the Hermon vote*. When the Hermon votes were for 
 Mr. Phelps, one of their own men, they were unliesitatingly coXinUd. Wfiei. 
 ngainst Mr. Huntoon, their man, these votes were violetttly rejected I 
 
 t A republican. X A federalist. 
 
78 Senatorial Votes. 
 
 The motion of Mr. Kingsbery to divide the report 
 operated to effect the acceptance of only a part of it. 
 A motion* was then made by Mr. Megquier, to accept so 
 much of it as related to the election of Mr. Pike. This 
 was opposed, first on the ground that two votes from 
 Kittery were illegal, and that without these, Mr. P. was 
 not elected. These Kittery votes were given and return- 
 ed precisely as were the two votes from the same town 
 given for Governor, f — excepting only that the certificate 
 of the Selectmen, that they were given before the other 
 votes for Senators had been announced, &c. was made 
 under their certificate of those other votes ; whereas in 
 the votes for Governor, the selectmen's explanation and 
 certificate of them was placed over their certificate of 
 the other votes. A common blank form was used in bqth 
 cases. A place is printed upon one of the margins of 
 these forms, with the words " selectmen" and " town 
 clerk" under each other, over against which the town 
 officers as usual signed their names — which completed the 
 certificate of the legality of the list of votes made above 
 their signatures. The number of candidates for Governor 
 being only two, sufficient room on the blank was furnish- 
 ed, to give the list of votes for Governor and to add the 
 explanation given to the two votes, without encroaching 
 upon the space provided for the signatures of the certify- 
 ing officers. But the number of candidates for Senators 
 being six, there was not a convenient space for the two 
 votes in question to be added, and a certificate of ex- 
 planation of them likewise, above the space appropriated 
 for the signatures of the town officers. Hence, the two 
 votes were put below the other certificate, and another 
 certificate appended to them — that all might be properly 
 certified. It was this accidental and unimportant differ- 
 ence only, that was urged against these two senatorial 
 votes, to distinguish them from the two given at the same 
 time, by the same voters, for Governor, — which had 
 been already accepted and counted ! It was, however, 
 further urged, that there was an error in the return of 
 Buxton, of one vote counted for Pike, which should have 
 been counted against him. But the Selectmen of Buxton 
 could not testify to any error. These points were de- 
 
 * Messrs. Kingsbery, PhelpB, Drummond, and Hilton opposed this motion, 
 t Which were accepted and counted, Mr. Kingsbery voting in favor of them. 
 See page 60. 
 
Constitutional Questions. TO 
 
 bated through the (hiy. On the next morning, Mr. 
 Megquier withdrew his motion of yesterday, and moved 
 to reject so much of the report as related to the election 
 of Mr. Pike. This motion was decided in the negative, 
 the eight republicans voting for it, and the eight federal- 
 ists against it. 
 
 Then Mr. Megquier contended, that a vote not to 
 reject that part of the report, was tantamount to accepting 
 it; and moved that Mr. Pike be notihed of his election 
 and requested to take his seat at the board. The eight 
 federal members saw with astonishment now,lhe eftect of 
 tiieir last vote ; and that they themselves had virtually 
 voted to declare Mr. Pike elected by the people. Mr. 
 Kingsbery then rose and insisted that the last question on 
 which the Senate had voted, was not correctly read by 
 the President. To remove all cause of complaint, the 
 republican members (foolishly enough to be sure) con- 
 sented to a reconsideration of it! Thereupon, Mr. Pike 
 was again deprived of the election which the people of 
 York county had made, and the committee of the Sen- 
 ate had unequivocally reported. Mr. Kingsbery moved 
 to accept so much of the report as related to the elec- 
 tion of Abijah Usher, Junior, the federal candidate, 
 whose election iiad been reported. This was objected 
 to on the ground that a part of the votes counted for 
 Abijah Usher,Jr. were returned for Abijah Usher,who also 
 lived in the same county. This objection was safe and 
 sufficient, notwithstanding it might be inferred from 
 circumstances, that these votes for Abijah Usher the elder, 
 were intended for Abijah Usher, Jr. However, the 
 candidate of the republican party, Mr. Pike, had been so 
 unfairly refused his seat, by the federal Senators, though 
 elected beyond doubt by the will and votes of the people, 
 that almost any circumstance was enough to justify the 
 republican members in rejecting the claims set up by the 
 federal members for their partizan. The vote on Mr. K's. 
 motion was consequently lost, the Senate being equally 
 divided upon it. Thus then, were the parties continued 
 exactly balanced. In the afternoon, Mr. Hilton, a fed- 
 eralist, moved to accept Mr. Pike's election ! But when 
 the question was taken he voted against his own motion,! 
 and it was lost as follows : — 
 
 YEAS.— Duvee, Dunlap, Hutchinson, Hutchins, Hall, Ingalls, 
 Megquier, Steele. — 8. 
 
80 Vacancies in the ScnXite. 
 
 NAYS. — DriimDioiid, Hilton, Hinds, Healey, Gardner, Kingsberj', 
 Morse, Plielj)s.— 8. 
 
 On Monday, the 1st of February, Mr. Megquier moved 
 a resolve to accept all that part of the report of the coni- 
 m ttee on senatorial votes, which had not been accepted. 
 By this, Messrs. Pike and Usher would have been declared 
 elected, and one vacancy in York, where a republican 
 would have been elected, and one vacancy in Washing- 
 ton, where a federalist would have been elected, would 
 have been agreed upon. By this acceptance of the rep-ort 
 neither party would obtain an advantage over the other. 
 Mr. M. in offering the resolve, "expressed an ardent 
 desire which he believed he felt in common with all his 
 friends with whom he acted, to have the government 
 organized and to proceed without delay to despatch the 
 pul)lic business. He said he had offered the resolve in 
 the spirit of c<impromise, and hoped gentlemen would 
 meet him on fair and liberal ground. The report was 
 based on the principles of reciprocity and liberality, and 
 if gentlemen on the other side were sincere in their pro- 
 fessions of a desire to proceed in the public business, he 
 hoped they would support the resolve as the only means 
 he could think of to accomplish that end.*" 
 
 But this resolve was also rejected, the eight federal 
 members voting against it ! Mr. Megquier then moved 
 to recommit all that part of the report, which had not 
 been accepted. This was also negatived by the votes of 
 the eight federal Senators ! How then it was possible to 
 organize the Senate, upon any equitable principles of 
 either persuasion, or compromise, was not an easy ques- 
 tion to answer. It appeared obvious now, that the 
 federal party in the Senate had resolved to accept of 
 nothing short of an absolute ascendancy in the Senate, if 
 the vacancies were never filled. To this, however, their 
 opponents appeared equally determined never to submit. 
 
 It was on the forenoon of the last named day, that the 
 order [Mr. Boutelle's] from the House, proposing a con- 
 vention to fill vacancies in the Senate, was communicated 
 to the Senate. Mr. Megquier requested to have the 
 order read from the chair, that the Senate might under- 
 stand its purport arid proposition. Messrs. Phelps and 
 
 * See repoi-t of proceeding in the Eastern Argus of February 2. The resolve 
 vas advocated by the mover, Messrs. Dunlap, lugalls, and Hutchinson, and 
 jpposed by Messrs. Kngsbery, PheJps, and Hilton, 
 
f^dcancies in the Senate. 81 
 
 Kingsbery thereupon objected to the reading of it ! A 
 sin<;uKir position indeed ! Messrs. Megquier, Dunhip, 
 Hutchinson, and Ingalls, severally contended earnestly 
 for the right to have it read, while the other gen- 
 tlemen just named, as strenuously objected to the reading 
 of it. What their motive was in taking this singular 
 stand, cannot be divined by those not in the secrets of 
 that party from which the order emanated, unless it 
 was, that they designed to prevent the Senate fr»»m acting 
 upon it at all in their legislative capacity, although it 
 was addressed " to the Senate,^'* in order to leave each 
 Senator to act for himself. From the course subsequently 
 pursued by the federal Senators, the correctness of this 
 last supposition is rendered very probable. At length 
 Mr. Megquier put his motion to have the order read, in 
 regular form. However, the Senate adjourned before a 
 decision was obtained upon it. 
 
 On the next day, Mr. Dunlap moved an orderf to obtain 
 the opinion of the Justices of the Supreme Court, on the 
 constitutionality of Senators forming a convention with 
 members of the House, to fill vacancies in the Senate 
 before the Senate had declared such vacancies to exist. 
 This motion was designed as preparatory to a motion to 
 defer holding the convention proposed by the House, 
 until it had been ascertained that such a convention 
 would be constitutional. But the federal Senators were 
 determined to suffer no interruption in their preconcerted 
 plan, of tilling the supposed vacancies in the Senate with 
 their own partizans. Mr. Kingsbery accordingly moved 
 to lay Mr. D's. motion on the table. This was negatived, 
 8 to S. Mr. Gardner moved to postpone it, until the next 
 day at 3 o'clock. But as the time proposed for the con- 
 vention was the afternoon of the then ])resent day, it was 
 contended by the republican members that such a post- 
 ponement would be improper. That the conventioR 
 ought to be postponed, and not the order to ascertain 
 whether such a convention could be properly holden. 
 Mr. G's. motion was therefore negatived, S to 8. 
 
 Mr. Kingsbery then moved to adjourn the Senate ; but 
 this was negatived, 8 to 8. Mr. K. then rose and denied 
 the right of Mr. Hall, the President, to vote at the board, 
 on the ground, that Mr. Cutler, the acting Governor and 
 
 * See the order on page 72. + See appendis B. 
 
 11 
 
82 Vacancies in the Senate. 
 
 President of the Senate of the preceding year, was no 
 longer of right the acting governor, but that Mr. Hall was. 
 That, therefore, the vote to adjourn, excluding Mr. H's. 
 vote, had been carried, and he considered the Senate as 
 adjourned. Whereupon Mr. Phelps rose and asked leave, 
 wjiich was granted, to read and lay upon the table 
 a piutCEt, signed by the eight federal Senators, against 
 Mr. Hall's right to act as President of the Senate. These 
 eight, upon a signal given by Mr. Kingsbery, immediately 
 after withdrew from the Senate chamber. 
 
 Only eight members were therefore left to transact 
 business. But these did not constitute a constitutional 
 quorum. Nevertheless, as a matter of duty and all that 
 could be done under such circumstances, they passed the 
 following order, to wit : — 
 
 " Ordered, That a message be sent to the House of Representa- 
 tives, that the Senate no7i-concur with the House of Representativesin 
 theii- proposition to meet in convention tliis day at 11 o'clock, A. M. 
 for the purpose of fiUing deficiencies in the Senate, for the following 
 reasons : 
 
 1st. Because the Senate have not determined what deficiencies 
 exist in tlie Senate. 
 
 2d. Because the Senate have not ascertained wlio are the con- 
 stitutional candidates to fill sucli deficiencies, if any exist. 
 
 But the Senate will communicate with the House of Representa- 
 tives as soon as deficiencies are deternfined, and the constitutional 
 candidates ascertained, proposing a convention of tht; members of 
 the two Houses, for the ])urpose of filling such deficiencies." 
 
 A message was accordingly sent to the House. 
 The remaining Senators also sent the following mes- 
 sage to the then acting Governor and Council : — 
 
 " 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 Represen- 
 tatives in convention to fill deficiences in the Senate, which have 
 not been ascertained by the Senate, and when tlie constitutional 
 candidates hav« not been designated by the Senate for filling defi- 
 ciences, if any exist, and without the concuirence of the Senate to 
 such convention — 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 exclu- 
 sive right of the Senate alone to judge of the elections and qualifi- 
 cations 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 con- 
 
Vacancies in the Senate. 83 
 
 oiirrcd in flic election of any persons to fill any deficienry wliicli 
 may exist in llic Senate." 
 
 The Senate then adjourned. We shall not here stop 
 to comment upon the singular condition into wliicli tlic 
 government of the State was thrown by these proceedings. 
 The reader will form his own opinion of the expediency 
 of precipitating the two branches of the legislature into 
 a course so novel, unprecedented, and completely without 
 a parallel, when, by waiting a short time for the opinions 
 of the Justices of the Supreme Court, every thing might 
 liave been made to go on harmoniously, if not exactly to 
 the wishes of both parties. If it was wisdom to hurry the 
 convention on in the way it was hurried, then, of course, 
 it was impolitic and improper for the republican Senators 
 to impede it. The decision of the Judges subsequently 
 obtained, determines, however, pretty clearly, which party 
 acted the wise and commendable part, and which pursued 
 a course of violence, and departed from both precedents 
 and the constitution. Our business is mainly to record 
 facts as they transpired, and to turn both parties over to 
 the approbation, or condemnation, as the case may be, 
 of an impartial and discriminating people. One thing is 
 certain, the course of one or the other party deserves to 
 be severely reprobated and condemned by the people. A 
 partial or faint expression of disapprobation upon such 
 strong grounds as were taken by the federal party, if those 
 grounds were unconstitutional, would not have that cor- 
 rective tendency, which a violated constitution deserves 
 at the hands of those for whose good it has been institu- 
 ted. And so on the other hand — if the firm resistance 
 of the course pursued by the federal party, on the part of 
 republicans, was not justifiable, then it becomes the 
 people to say so, through their future elections, in a 
 voice that cannot be misunderstood. But it should not 
 be denied, that the laboring oar is on the side of the fed- 
 eral party, as they have neither precedent under the 
 constitution, nor precept in it, upon which to justify 
 >carcely any of their proceedings. 
 
84 Unconstitutional Convention. 
 
 CHAPTER XL 
 
 Unconstitutional Convention. 
 
 We have now traced the proceedings of the tvv© 
 branches of the Legislature to an epoch that will bear to 
 be denominated equally humiliating to the party, by whose 
 measures of violence it was effected, and disgraceful to 
 the government of the State. We allude, of course, to 
 the Convention that was formed by the federal party, to 
 fill vacancies in the Senate, before any had been agreed 
 upon, or declared to exist by that body, and before any 
 persons had been designated constitutional candidates to 
 fill any vacancy that might be in that bianch ! One, in 
 the calm exercise of common sense, without either 
 precedent or experience to guide him. could hardly be 
 supposed to read the constitution of this State with any 
 degree of attention, without being impressed with the 
 great impropriety, irregularity, and unconstitutionality of 
 such a proceeding. As the like had never been thought 
 of before, and as all precedents and experience stood 
 opposed to it, the inference will be irresistible, with the 
 candid everywhere, that the necessities of the federal 
 party must have been felt by them to be of a character 
 bordering on desperation, and the struggle with them like- 
 the struggle of death, or its members would not have 
 been wrought up to the boldness of resorting to such an 
 anomalous and hopeless expedient, with the view of mak- 
 ing it good and consistent with the principles and spirit 
 of our written constitution. But it is the common char- 
 acter of obstinacy and premeditated guilt, to drive on to 
 the commission of two, and even more, additional outrages, 
 in the blind hope of escaping with impunity in the end, 
 rather than to acknowledge and repair any portion of 
 one, though already detected in it. Borne on by either 
 the one or the other of these motives, and, perhaps, at 
 times by both, the federal party appeared prepared to 
 adopt any measure, or to pursue any course, which their 
 strength of numbers could sustain, without reference to 
 either authority, or consequences, provided it were only 
 calculated to defeat the course of proceeding contended 
 for by their opponents. They proceeded thus, from one 
 innovation to another, until at last they found themselves 
 
Unconstitutional Convention. i?'5 
 
 too far removed from the ordinary path of duty, either to 
 retrace their ste|)s, or halt, without confessing themselves 
 entirely defeated and routed, and at the mercy of the 
 people and their o|)ponents. They saw, that even the 
 poor consolation of attributing their misfortunes to their 
 opposers was not left them, as these last had neither 
 recommended, nor forced them into this strange dilemma. 
 Their own precipitancy and imprudence alone could be 
 made chargeable for it. And hence, from this period, the 
 desperate motto of "neck or nothing" very evidently 
 imprinted itself upon their feelings, and infused into there 
 far more intrepidity, than discretion. 
 
 The Convention, to which we have alluded, was formed 
 by a conjunction of the eight federal members, who 
 seceded from the Senate Board as mentioned in our last 
 chapter, with the federal members of the House. The 
 eight came into the Hall of H.epresentatives, and there- 
 uj)on the Speaker, witiiout an intimation of the object 
 from any other source, betrayed the perfect concert 
 which his party had entered into out of doors to control 
 the proceedings of the State Legislature, in remarking 
 that Senators had arrived for the purpose of forming a 
 convention to fill vacancies in the Senate, and that he 
 (the Speaker) should take the liberty of nominating Mr. 
 Kingsbcry, of the Senate, as Chairman of the Conven- 
 tion ! 
 
 The hall and gallery of the House was at this time 
 crowded at every corner with spectators. An intense 
 anxiety was obviously felt by all. The pallid countenan- 
 ces of some, the fixed look and features of others, indi- 
 cated but too truly, that doubt, and dread of consequences 
 which might ensue, prevailed throughout the body. A 
 recollection of the awful convulsions into which the 
 measures of the self-created legislative assemblies of 
 France had at different times plunged the populace of 
 that kingdom, seemed to come simultaneously over every 
 one present, for a moment, and feelings of amazement 
 and terror were predominant in every bosom. A crisis 
 was evidently at hand, in the estimation of all. Nothing 
 of the kind under our consistution — under our govern- 
 ment, under any government in the Union, had ever 
 before been witnessed or heard of. The whole proceed- 
 ing was like one started up in the hurry and desperation of 
 a revolution, which had already prostrated the stoutest 
 
86 Unconstitutional Convention. 
 
 barriers of the constitution, and was now marching in 
 A iolencc onward, in despite of the rights of the people — 
 the vested and most sacred rights of their representatives 
 in legislature assembled, and to the entire overthrow of 
 all established order and precedents ! 
 
 The message referred to on page 82 came from the 
 Senate chamber, and interrupted the spell for a moment. 
 After it had been read, Mr. Smith of Nobleboro', asked 
 the Speaker what was the question before the House. 
 The Speaker replied, that the question was on selecting 
 a Chairman to preside in the convention. The House 
 having passed an order yesterday to go into convention 
 at this time with the Senators elected, to fill vacancies in 
 the Senate, he considered that order as equivalent to a 
 vote of the House to resolve itself now into such a con- 
 vention. 
 
 Mr. Smith said " I most solemnly protest against the 
 whole proceeding. I am opposed to choosing a chair-' 
 man. I see some of the members, or those who have 
 been declared members of the Senate, occupying the 
 places of members of this House, for the purpose, we are 
 told, of forming a convention. But, Sir, we are told by 
 a message just now arrived from the Senate, that that 
 branch of the Legislature have declined so forming a 
 convention, until the vacancies at that board have been 
 properly and constitutionally ascertained. And are we 
 not bound to believe the message sent us from that 
 branch .-' If the Senate decline, or do not concur in the 
 proposition to form a convention, is it in the power of this 
 House, with three or four members of the other branch, 
 to go into a convention to fill vacancies in the Senate ? 
 Sir, I believe the proceeding to be unconstitutional, un- 
 precedented, and an outrage upon the constitutional rights 
 of the members of this body, and an outrage upon the 
 rights of the people. We have arrived at a new era. I 
 behold with alarm and dismay the steps that are now 
 taken. It is a proceeding in violation of the constitution, 
 and we are trampling the rights and privileges of the 
 people under our feet. It is not, Sir, in my power to 
 express the emotions I feel at this time. I want words, 
 Sir, to express my emotions. I have had the honor to 
 hold a seat in the legislature of this State, and in the 
 Legislature of Massachusetts, but never, never, Sir, did I 
 behold a spectacle so appalling to the stoutest heart, as 
 
L'ncunstitutional Convention. 87 
 
 the one I now witness. Wc are taking into our hands all 
 the rights of the people of York and Washington coun- 
 ties, in direct violation of the constitution. We are 
 making that constitution, which we have solemnly sworn 
 to support, a mere dead letter. I cannot therefore give 
 my consent to the choice of a Ciiairman. We have a 
 Speaker, elected by a majority of the House, and it is his 
 duty to preside over the deliberations of this House. 1 
 am opposed to the choice of any other presiding officer, 
 and shall not consider myself under his government. I 
 am not a member of a convention. No vote has been 
 passed to resolve this House into a convention. I protest 
 in the most serious and solemn manner against a conven- 
 tion, without the concurrence of the Senate. Nor, Sir, 
 will I give it sanction by my ])resence." 
 
 The speaker said, "as the proposition for Mr. Kingsbery 
 to take the chair, is my own, and inasmuch as that 
 gentleman seems not inclined to accept it, I shall take 
 the responsibility, in the absence of the President of the 
 Senate, to retain it." 
 
 Mr. Ruggles said, " he could not but concur with the 
 gentleman from Nobleborough, in the remarks he had 
 made upon this extraordinary and singular proceeding. 
 But as this subject had been before fully discussed, he 
 would not occupy time to reiterate arguments. But he 
 held in his liand a protest against the formation of the 
 convention at this time, signed by sixty eight members 
 OF THIS HOUSE, wliich he asked leave to read and have 
 entered upon the records of the House." The protest was 
 then read, and a vote passed to have it entered upon the 
 records of the House. 
 
 Mr. Scamman, of Saco, then read a resolve recapitu- 
 lating the proceedings of the Governor and Council upon 
 the senatorial votes given in York District, the number 
 of votes returned for each candidate, according to the 
 report of the Senate thereon, and declaring three vacan- 
 cies of Senators in that district. 
 
 Mr. Boutelle moved to amend the resolve by inserting 
 the number of votes given each candidate according to 
 the report of the Governor and Council. 
 
 Mr. Smith, of Nobleborough, said, without acknowl- 
 edging that we are now in a convention, and protesting 
 still against forming a convention, no vote having yet 
 been taken to go into convention, he was opposed to the 
 
SB Unconstitutional Convention. 
 
 resolve of the gentleman from Saco. The resolve cannot 
 be a law without its passage by the two branches of the 
 government. Such a proceeding, is illegal, unconstitu- 
 tional, and he protested against it in the name of the 
 people he represented, and in the name of the people of 
 this State. He declared here in his seat, as a member of 
 this House, that a resolve passed by a body of men thus 
 formed, thus purged, will be nugatory and void. And 
 entertaining this opinion, he must protest against it, and 
 ask leave to retire from the House. 
 
 The sixty eight members, who signed the protest, 
 thereupon retired from the House, having done all in 
 their power to protect the constitution, and choosing not 
 to be spectators of its unavoidable disgrace. The re- 
 maining seventy Jive members of the House, together 
 with the eight Senators, continued their proceednigs, 
 nevertheless. They elected John Bodwell, Abijah Usher, 
 Jr. and Nathan D. Appleton, to fill three alleged senato- 
 rial vacancies in York county, and Obediah Hill to fill 
 an alleged vacancy in Washington county. These elec- 
 tions were forthwith denounced as illegitimate by the 
 republicans, and the convention denominated the "Hart- 
 ford Convention No. 2." Both were also subsequently 
 decided to be unconstitutional, by the unanimous opinions 
 of the Judges of the Supreme Court.* By these opinions 
 too, the positions taken in the protest of the republican 
 members were fully and triumphantly substantiated, and 
 almost the language of the protest, in some instances 
 adopted. About the character of the convention, there- 
 fore, no diversity of opinion can hereafter exist among 
 the people. Moreover, it bespeaks a condemnation of 
 its projectors and supporters, which need not be magnified 
 for efi'ect, by their adversaries. On the contrary, the 
 dictates of ordinary charity require, that, as a fallen foe, 
 it should be spared. It may be remarked, however, that 
 the folly and impropriety of this anomalous proceeding 
 stand out more glaringly against the party that is charge- 
 able with it, because of the wilfulness with which it was 
 forced on in both branches of the Legislature, against 
 the salutary and timely propositions of the party op- 
 posed to it, to delay it for a short time until the opinions 
 ©f the Judges of the Supreme Court could be had, to 
 
 * See their opinions in tlie Appendix. 
 
Constitutional (Question. 89 
 
 determine whether it was constitutional or not, and wheth- 
 er it wouUl avail any thing, or not. Had this conciliatory 
 and safer course been adopted, or had it not been |)ro- 
 posed over and over again, and as often rejected, the 
 praise now due to the one party, for their firm and manly 
 resistance, would be less imposing, and the censure due 
 the other party, for their recklessness and precipitate 
 violation of the constitution, would be easier qualified 
 and sooner forgiven. As it is, the confidence of the 
 people in the latter must be for a long time limited, 
 while it will be proportionably increased in regard to the 
 wisdom, firmness, mtegrity, and patriotism, of the former. 
 Without saying what the former deserve, it may be safely 
 alleged that the latter deserve well of the people in this 
 matter, and will reap, at last, the inefiable reward of 
 having abided throughout by their oaths of office, and 
 defended the constitution " to the last ditch.'' 
 
 CHAPTER Xn. 
 
 Constitutional Question. — Opinions of the Judges. — Ac- 
 quiesence of the Republican Party.— The illegitimate 
 Senators. — Confusion in the Senate. — Acceptance of the 
 Report on Votes for Governor. — Adoption of the illegit- 
 imate Senators. 
 
 The decease of Governor Lincoln — whose name calls 
 up to our recollection an era of wisdom and quietude in 
 the administration of our State government, to which 
 the people turn with pride and satisfaction from the pre- 
 sent state of public atiairs— gave rise to a new question, 
 behind the decision of which by the Judges of the Su- 
 preme Court, the federal party have endeavored to hide 
 all the deformities of their proceedings. The question 
 was, whether, when a vacancy in the chair of state occurs, 
 and'is filled by the President of the Senate for the then 
 political year, that President, or the President of the 
 Senate for the new political year succeeding, is constitu- 
 tionally Governor during so much of the new year, as pre- 
 cedes the election or inauguration of a new Governor > 
 12 
 
90 Constitutional (Question. 
 
 The republican members of the Legislature, and we 
 may say, the public generally, were inclined to the opin- 
 ion, that the President of the Senate, upon whom the chair 
 of state has devolved, is constitutionally Governor without 
 regard to time, or the term of other offices, and ''until 
 another Governor shall be duly qualified.''^ The fedeial 
 party, however, expressed an occasional doubt of the 
 correctness of this opmion, and of Mr. Hall's right to 
 continue at the Senate Board — he being the President 
 and Governor ex cifficio, as they contended. But to re- 
 move all objection on this score, the acting Governor^ 
 Mr. Cutler, addressed the Judges of the Supreme Court 
 upon the subject, (January 23,) and requested their opin- 
 ions in regard to the meaning of the constitution in this 
 particular. It was fair to presume, that honest opinions 
 were entertained uj^on both sides, and it was wisdom, 
 under such circumstances, to make this appeal to the 
 umpire pointed out in the constitution for such occasions. 
 It would have been greater wisdom too, for all parties to 
 have waited until this appeal could bring a disinterested 
 answer, from the highest judicial tribunal in the State. 
 However, the impatience of the federal party to siiow off 
 a disposition to do business, and an unwillingness to have 
 the concert of their members weakened by delay, were 
 alike opposed to this course. So the protest of the 
 federal Senators against Mr. Hall's right to vote was 
 made, as we have before stated, and to give a fairer 
 coloring to the convention then about to be formed, 
 without waiting for the decision by which, as it was well 
 known, their opponents, the republican party, were willing 
 and determined to be governed. The opinion of the 
 Judges was subsequently communicatedf — the opinion 
 of the federal party upon the subject was sustained by 
 two of the three Judges, and Mr. Cutler thereupon 
 resigned the office, and Mr. Hall retired from the Senate 
 Chamber to assume the functions of acting Governor. 
 This was as well in conformity with the wishes of the 
 republican members of both branches of the Legislature, 
 as with the pleasure of both the gentlemen named, both 
 of whom, together with the whole body of their political 
 friends, still believed in the correctness of their own 
 former opinion of the requirements of the constitution, 
 
 * This is the Janguage of the constitution. tSee Appendix C. 
 
The Illegitimate Senators. 91 
 
 and of that of the dissenting Jiid;j^e — Wkston. Never- 
 theless, they conceived it proper to yield, the opinion of 
 the Court having been asked and obtained, and being 
 against them, and supported by about one half of both 
 branches of the Legislature. They did so — and although 
 wc are of opinion that they yielded to what was erroneous 
 in principle, the spirit of conciliation and of respect for 
 the judiciary department of the government, which they 
 manifested therein, deserves the highest commendation. 
 
 By the way. it is proper to observe, that the Photkst 
 of the federal Senators against the validity of Mr. Hall's 
 votes in the Senate, was not sustained by the decision of 
 the Court — the decision not being made on that point. 
 It consequently was still an unsettled question, whether 
 before Mr. Mull had assumed, and until he was qualified 
 to act as Governor, his votes in the Senate were, or were 
 not valid. Tlie constitution suspends the rights of the 
 President of the Senate, only while he " shall exercise 
 said office" of Governor. 
 
 It is further to be remarked, that wliether Mr Hall's 
 votes in the Senate, before assuming the chair of State, 
 were, or were not valid, the character of the Convewtion 
 to fill vacancies in the Senate remains the same, as he 
 neither voted in favor, nor against that Convention, the 
 question of forming tliat convention having never been 
 before the Senate to be acted upon. On the contrary, the 
 eight federal Senators voted against even reading the 
 proposition of the House to form it, as has already been 
 mentioned.* 
 
 In the course of a few days after the convention men- 
 tioned, all four of the persons who had been elected by 
 it appeared at the Senate Boaid, and claimed seats and 
 the privilege of Senators. Motions were brought forward 
 by the federal members to grant them both. But the 
 first and the last were resisted manfiilly and steadfastly 
 by the republican members. The President of the Senate 
 utterly refused to recognise either of them as Senators. 
 Much debate grew out of the subject, and the turbulence 
 of one of themf more especially, on several occasions 
 interrupted the proceedings of this branch of the Legis- 
 lature to a degree which must have exposed him to the 
 severest punishment, but for the mild and forbearing 
 
 *Se« page.s 80 and 81. fN. D. Apjjleton. 
 
92 Disorder in the Senate. 
 
 disposition of the worthy President. The method of 
 those interruptions were various — proceeding first in the 
 shape of a motion from one of the federal members of 
 the board, then from another of them, and now, when a 
 question was to be taken, from the positive and arbitrary 
 demands of the " illegitimates" themselves, to have their 
 names called, and their votes recorded, like the regular 
 members! It is impossible to give the reader, who was 
 not an eye witness of it, any tiling like a general notion 
 of the confusion, disorder and personal bickerings, which 
 were thus kept up in the Senate Chamber, for many days 
 in succession. The dignity of that branch was entirely 
 lost — decorum set at defiance,* and a species of threats 
 and bullying in words took its place, just calculated to 
 excite the curiosity of the vulgar and idle, and the appre- 
 hensions of the more considerate ; many of whom flocked 
 daily to the Senate Chamber, to see the fun and what 
 danger might follow, as regularly as the members them- 
 selves. In fine, this regular crowd became after a while, 
 so lost to all sense of respect for the Senate, from witness- 
 ing the impudence, and listening to the jargon, of Ap- 
 pleton and his abettors, that they hissed, and stamped the 
 floor, at every proceeding, or cheered it by their laughter, 
 according as it amused or displeased them, precisely after 
 the manner of those in the pit of a common play house. 
 These scenes were humbling to the pride of every well 
 disposed and reflecting citizen, whether of the one, or of 
 the other party. The character of the State, through 
 the proceedings of violence which appeared to increase 
 daily, was most sensibly outraged and disgraced and 
 forms and precedents, which had ever before been 
 found salutary and effectual, were now scoffed at and 
 abandoned, under the paltry plea of necessity, and an 
 inclination to proceed to business ! 
 
 It was fondly anticipated by many, that an end would 
 come to these proceedings, when the opinion of the 
 Judges of the Supreme Court should be obtained on the 
 interrogatories propounded to them by the Senate, on the 
 2d of February. But it did not terminate until a few 
 
 *Among other base means put in requisition to browbeat and intimidate the 
 President of tlie Senate, were anonyinotis letters, threatening him with impeacli- 
 ment, if he did not relax his firmness towards the federal party, and telling him 
 t.'iat his grey hairs were soon to be brought to the grave ! ! ! 
 
Mr. Hall Acting Governor. 93 
 
 (lays before the clase of the session, and several days 
 after tlie Jud^res had decided the point a-^ainst the federal 
 party a second time, in answer to questions propounded 
 by Mr. Huntoon, as Governor ! In tliis matter, the con- 
 trast between the course pursued by the federal party, 
 and that pursued by the republican party, when the deci- 
 sion of the Judges was against them, must strike the 
 candid reader as reflecting great honor and praise on the 
 latter, and equal censure on the former. Upon this sub- 
 ject there can be but little difference of opinion among 
 the people. 
 
 Mr. Hall, President of the Senate, retired from the 
 Senate Chamber to the Executive department on the 5th 
 of February. This left the fcderal party in the Senate, 
 a majority of one. Mr. Kavanagh, Secretary of Senate, 
 took the chair, and the Senate proceeded to the choice 
 of President pro tern. The committee to count the votes 
 reported that eighteen votes had been given, three of 
 which were the votes of three gentlemen from York 
 District, whose rights to vote at the Board had not been 
 recognised. The question on counting these votes was 
 then put and decided in the affirmative as follows : — 
 
 YEAS.— Druminond, Gardner, Healy, Hilton, Hinds, Kingsbcry, 
 Pholps, Morse. — 8. 
 
 NAYS— Davee, Dunlap, Hutchinson, Hutchins, Ingalls, Megquier, 
 Steele.— 7. 
 
 Mr. Kingsbery was then declared elected President 
 pro tern, having ten votes. 
 
 Mr. Phelps then moved the following order : — 
 "Ordered, That Messrs. Uslior, Bodwell, and Appleton, Sena- 
 tors from York, be permitted to retain the seats they have severally 
 taken." 
 
 The question was taken by yeas and nays, and decided 
 in the affirmative — each member voting as upon the last 
 question. 
 
 Having thus worked themselves into a majority in the 
 Senate, the federal party felt prepared now to drive on 
 their great purpose of seating Mr. Huntoon in the Exec- 
 utive chair ! An order was forthwith brought forward to 
 recede from the former vote of the Senate, whereby the 
 report of the committee on the votes forGovernor had been 
 rejected, and to accept it as amended. Again, the injus- 
 tice, inconsistency, and glaring violence of the report, 
 were pointed out by the republican members. But 
 
94 Legitimatizing the Illegitimates. 
 
 argument was idle, as if spent upon the dead. The pur- 
 pose of their opponents was fixed — an opportunity now 
 offered for effecting it. They voted the acceptance, as 
 follows : — 
 
 YEAS. — Drunimond, Gardner, Healy, Hilton, Hinds, Kingsbery, 
 Morse, Phelps, Appldon, Bodwell, Usher. — 11. 
 
 NAY.S. — Davee, Diuilap, llutcliinson, Hutchins, Ingalls, Meg- 
 quier, Steele, — 7. 
 
 Mr. Huntoon was thereby declared duly elected, and a 
 committee raised to inform him of it. Mr. Dunlap was 
 appointed one of this committee. But he rose in his seat, 
 declared that he did not and could not believe Mr. Hun- 
 loon to be constitutionally elected, and therefore declined 
 serving on the committee. Mr. Ingalls was then ap- 
 pointed in his stead. But he, too, declared his convic- 
 tions to be in accordance with those of his colleague, 
 and also declined the service. 
 
 It appeared, however, that the federal party, although 
 they had in the absence of President Hall, carried all 
 before them — voted the York Senators into the Senate, 
 and made a Governor of Mr. Huntoon — did not rest 
 exactly easy under their transactions. There was evi- 
 dently an anxiety to fill up the breaches they had made 
 in the constitution, if possible. Accordingly, on the 
 Monday following, (February 8,) Mr. Phelps moved an 
 order in the Senate, recapitulating in a preamble, the 
 election of Bodwell, Usher, Appleton, and Hill, and 
 proceeding then as follows : — 
 
 "Ordered, That said four Senators were duly and constitution- 
 ally elected to fill vacancies existing, and that the three first named, 
 having been qualified, are entitled to seats at this board, and to all 
 the rights and privileges of Senators elected by the people." 
 
 Motions were made by republican members, first to lay 
 this order on the table, then to commit it, then to post- 
 pone it indefinitely, on the ground that if the elections of 
 the persons named, were constitutional, they needed "no 
 healing act" — if they were not constitutional, no vote of 
 the Senate could make them so."f But these several 
 motions, together with others to amend the order, were 
 negatived, — the seven republican members voting in favor 
 of each, and the eight federalists voting against each. 
 The order was finally passed, yeas 8, federalists — nays 7, 
 
 * These points were fully sustained by the apinions of the Judges. See Ap- 
 pendix. 
 
Choice of State Ojjicers in Convention. Do 
 
 ropublicaiis. A protest was then otVered, and put upon 
 the records, si;4ned hy the seven republican ni< intters, 
 denying the con^titutionahty of the convention l)y which 
 the 'Mbur Senators" were elected, and protesting against 
 their alleged right to act at the board. 
 
 CHAPTER XIII. 
 
 Proper method of forming a Convention — Tnauguration 
 of Jlr. iiuntoon—Lis .Message — .^jr. flails return to 
 the Senate Board — Desertion of Members from tfie 
 Senate. 
 
 On the 8th of February, Mr. Swan* introduced a 
 motion into the House, to send a message to the Sen- 
 ate, proposing a convention of the two branches, to elect 
 a Secretary, Treasurer, and Councillors — which passed. 
 In the Senate, Mr. Drunimond moved, on the same day, 
 that the Senate concur in the proposition of the House, 
 which was agreed to. This fact is important to elucidate 
 the course which the federal party now felt to be proper, 
 in order to form a constitutional convention of the two 
 Houses. They herein acknowledged, that a concurrent 
 vote of the two branches was necessary. And yet they 
 persisted — Mr. Drummond (see his votes) with the rest, 
 that the persons elected to the Senate, by a convention 
 not formed by such a concurrent vote of the two branches, 
 were, nevertlieless, constitutionally elected ! 
 
 The convention of the two Houses was formed on the 
 next day — and again the right of the three York "Sena- 
 tors" to vote in the choice of tlie officers to be elected, was 
 denied, contested, but sustained by a vote of the federal 
 party, 67 to 76. Another protf.st against this proceed- 
 ing, signed by the republican members of both branches, 
 was then read and entered on the record. The business 
 of the convention was next completed, and the conven- 
 tion dissolved. On the Wednesday following, Mr. Hun- 
 toon was inaugurated, and shortly after communicated 
 his message to the two branches. We regret that our 
 
 ' A fH(ieralii>t always. 
 
06 The Message. Mr. Kingshcry''s Proposal. 
 
 limits do not permit us to take a more particular notice 
 of this document. Rumor, in advance, declared that it 
 was in preparation by some of his friends. But after its 
 appearance, the people generally ascribed it to him as his 
 own production. It could not be otherwise. The many 
 gross errors of language, mysticisms, grammatical de- 
 fects, and ill selection of topics, were all in character 
 with the want of experience, lack of talent, and weakness 
 of intellect, which had been ascribed to him by his 
 opponents, and not very positively denied by his support- 
 ers. None pretended that it was calculated to elevate 
 the character of the State, while many believed it calcu- 
 lated to degrade our government from the high rank and 
 station to which it had risen, through the chaste and 
 classic productions of the lamented Governor Lincoln. 
 We leave the reader to draw his own conclusions from 
 the facts before him. 
 
 After the inauguration of Mr. Huntoon, his message, 
 the recognition of the illegitimate Senators and the other 
 proceedings* had since Mr. Hall's absence from the 
 Senate, the federal party felt quite secure of their power. 
 They allowed Mr. Healey, one of their members in the 
 Senate, leave of absence. So that on Wednesday, when 
 Mr. Hall returned to the Senate board, he found only 
 seven of the original members of the federal party present, 
 with the three illegitimates, and eight of the republican 
 party, including himself. 
 
 Mr. Kingsbery, on the morning of the next day, fore- 
 seeing the impropriety of urging further the claims of 
 the illegitimate Senators, notwithstanding the votes pass- 
 ed in regard to them, proposed through Mr. Megquier 
 to select a committee of one from each party to draw 
 up a statement of facts upon all past proceedings, to be 
 presented to the Judges of the Supreme Court for their 
 opinions upon the same, and with the agreement of both 
 parties to be bound by their opinions. This was, to be 
 sure, rather late in the session, to undertake repairs in 
 the proceedings. Nevertheless, it was agreed on, and 
 the Senate was forthwith adjourned, by mutual consent, 
 
 * To give time to execute all tilings to the liking of the federal party, Mr. 
 Huntoon was kept within his boarding house, near the Senate chamber, several 
 Jays — from Friday until Wednesday, after his election was declared by both 
 branches, without being allowed to signify his acceptance of the office ! He was 
 declared elected on Friday, and not inaugurated until Wednesday following, 
 notwithstanding the professed hurry of his party to transact business ! 
 
Mr. Kingshery's Proposal. 97 
 
 until five o'clock, P. M. to facilitate this purpose. Here, 
 then, was nianifes^ted a spirit of amicable compromise. 
 The ho|)t; was now entertained that an end wa=i about to 
 be put to all difficulties. But what was the surprise, 
 when Mr. Kingsbery. in a few minutes after the adjtjurn- 
 ment of the Senate, declared to the republican members 
 that he was not authorised to make the proposition which 
 had been accepted, and that his political friends would 
 not concur in it ! The Senate was adjourned — the whole 
 day must be wasted, and the promised adjustment recalled! 
 
 It has since been rumored, that this proposition. was but 
 a finesse to gain time for the recall of Mr. Healy, who had 
 leave of absence. By his absence, the true state of parties 
 was reduced, without counting the illegitimate members, 
 to eight rejjublicans, and seven federalists. But of the 
 truth of this intimation, we are not authorised to speak. 
 To say the least, however, the movement, considering its 
 result, was exposed to such suspicions. But the dishonor 
 of making and then retracting the proposition in the 
 manner it was done, need not be aggravated by suspi- 
 cions. The contrast between the disposition manifested 
 by republicans, and that which actuated the federal 
 party in this, redounds as much to the praise of the form- 
 er, as to the disgrace of the latter, in the estimation of 
 the disinterested and candid. 
 
 When the Senate came together in the afternoon, it 
 was believed to be high time that the dignity of the 
 Senate, and the rights of members constitutionally elect- 
 ed, should be restored, by freeing the board of the 
 members whom the House, without the concurrence or 
 co-operation of the Senate in any shape, had forced into 
 it, to control by their votes all its proceedings. Mr. 
 Dunlap accordingly introduced the following preamble 
 and order : — 
 
 " Wiiereas on the fifth day of February instant, tlie lion. Joshua 
 Hall, Presichuit of the Senate, tlicn exercising the office of Gover- 
 nor of this State, did proi)Ound to the Justices of the Supreuie Ju- 
 dicial Court, under the provisions of tlie constitution, the following 
 questions, to wit : 
 
 1st. Can a convpntion of tho mornhers of the Senate and Iloii^e 
 of Re{)i-Gsentatives be constitutionally formea, for .^v.ppiviuij dtft- 
 cicncics in the Senate, without the concurrence of the two'braucuca 
 of the Leirislature ? 
 
 2d. Can such a convention, formed witliout the concurrence of 
 the Senate, and which does not contain a majority of such Senators- 
 13 
 
98 - The lllesithnate Senators. 
 
 a' 
 
 as are elected, proceed to supply deficiencies, before the Senate has 
 asceriainecl the deficiencies that exist in the Senate, and designated 
 the constitutional candidates to sujiply said deficiencies? 
 
 And can any other body, under the constitution, than the Senate, 
 designate the constitutional candid;ites to supply such deficiencies? 
 
 And whereas two of the said Justices, to wit, Prentiss Mellen, 
 and Albion K. Parris,* being a majority of the Justices of said 
 Court, have delivered their written opinions to the said Joshua Hall, 
 that a convention cannot be constitutionally framed, for supplying 
 deficiencies in the Senate, without the f-oncurreuce of the two 
 branches of the legislature, and that such convention, formed 
 without the concurrence of the Senate, and which does not 
 contain a majority of such Senators as are elected, cannot pro- 
 ceed to supply deficiencies before the Senate has ascertained the 
 deficiencies that exist in the Senate, and designated the consti- 
 tutional candidates to supply such deficiencies, and that no 
 other body under the constitution other than the Senate, can 
 desiirnate the constitutional candidates to supply such deficiencies, 
 when a quorum of the Senate has been elected, and a Senate 
 has been duly organized : And whereas the Senate, which was 
 duly organized by the election of a quoriuii of the number of 
 Senators required by the constitution, and by the choice of a 
 President on the 13th, and of a Secretary on the 14th day of 
 Jamiary, 1830, has never determined the deficiencies which exist 
 in that branch of the legislature, and has never, by any vote, 
 determined and decided who are the constitutional candidates 
 from whom any deficiencies in the Senate which may exist, ought 
 to be supplied, and has never by any vote of the Senate so organi- 
 zed, concurred with the House of Representatives in the formation 
 of any convention of the members of the two Houses of the legisla- 
 ture for the purpose of supplying deficiencies in the Senate, and no 
 convention was ever formed for the purpose aforesaid by the con- 
 currence of thv; two Houses of the Legislature. 
 
 And whereas certain persons, to wit, Nathan D. Appleton, John 
 Bodwell, Abijah Usher, Jr., and Obcdiah Hill, have appeared in the 
 Senate and have claimed a right to sit and act as members of the 
 Senate by virtue of an election by a convention holden on the 2d 
 day of February inst. composed of the members of the House of 
 Representatives and eight of the members of the Senate elected by 
 the people, being less than a majority of such Senators as are 
 elected, and formed, without the consent or concurrence of the 
 Senate duly organized as aforesaid — Therefore 
 
 Resolved, That the said Nathan D. Appleton, John Bodwell, 
 Abijah Usher, and Obediah Hill, have not been constitutionally 
 elected Senators and are not entitled to seats at the Senate board." 
 
 Various motions u^ere made by the federal members to 
 evade and defeat this order, all of which were negatived 
 by the republican membcis — Mi. Ilealy being still ab- 
 spnt. The order was finally passed as follows ; — 
 
 YEAS. — Davee, Dunlap, Hall, Hutchinson, Hutchins, Ingalls, 
 Megqnier, and Steele. — 8. 
 
 * See Appendix B. 
 
Illegitimate Senators. 99 
 
 NAYS.— DniininonJ, Gardiner, Hilton, lliniis, Morse, and Plielps 
 — 6. 
 
 Mr. Mcgquier then moved the following order : — 
 "Ordered, That the report of the cominittce a|)i)ointcd to exam- 
 ine the returns of voles for Senators, be cominittcd to a select coni- 
 nriittoe, to consider and report upon so niuch of the subject thereof 
 as relates to the election of Senators by the people in the Senatorial 
 Districts of York and Washington." 
 
 Various motions were also made to evade this order. 
 But it passed and the Senate then adjourned. 
 
 On the next day, Messrs. Gardner, Drummond, Phelps, 
 Hinds, and Morse, absented themselves from the board, 
 without leave, whereby the Senate was disqualified from 
 proceeding to any business, from want of a (luorimi. — 
 Much had been said during the session, by the federal 
 members who took part in the debates, about stopping 
 the wheels of government. The wheels of government — 
 of the Senate at least, were now effectually stopped by 
 this movement — a movement which, like most others that 
 had characterized the session, was without precedent, 
 and without the pretence of justification, so far as we have 
 seen. The Senate was adjourned until the afternoon, 
 and the messenger sent in the mean time to find the 
 absentees. The same persons were still absent in the 
 afternoon, and the messenger reported, that he had called 
 twice at the boarding houses of the absent members, but 
 was unable to find either of them. Whereupon Mr. 
 Davee submitted the following order : — 
 
 " Whereas certain members of this board have absented them- 
 selves from the Senate without leave first had and obtained, and 
 whereas a quorum of the Senate is not now present, and the pubhc 
 business of the State is thereby much retarded, and the wheels of 
 government stopped — Therefore 
 
 Ordered, That the messenger of the Senate be directed to re- 
 quest the immediate attendance at this board, of Messrs. Phelps, 
 Drummond, Gardner, Morse, and Minds, lo aid in the discharge of 
 public business — and that a copy of this order, signe«t by the Pres- 
 ident, and attested by the Secretary, be delivered in hand to each 
 of said gentlemen, or left at their respective boarding houses, by the 
 messenger of the Senate." 
 
 The order passed and copies were forwarded as directed. 
 
 The session was continued until nearly dark. Orders 
 and petitions in the mean time came from the House, for 
 the joint co-operation of the Senate — but the Senate 
 could not move in them, — wanting a quorum. 
 
 On the ne.xt day, the same persons continued absent — 
 
iOO The Illesifimaie Senators 
 
 '©" 
 
 Mr. Kingsbery informed a committee of the Senate, tiiat 
 he was detained from the board by indisposition. The 
 Senate adjourned until the afternoon, having instructed 
 the messenger in the mean time to find and request the 
 immediate attendance of the absent members. In the 
 afternoon, the messenger reported that he was still unable 
 to find either Messrs. Gardner, Drummond. Hinds, or 
 Phelps ! A preamble, reciting the facts, and the situation 
 in which the Senate was placed, from the absence of 
 members, together with an order, proposing to the House 
 an adjournment of the legislature without day, at as early 
 a period as possible, was then passe^'. This was to save 
 the expenses of a useless and mcft'ectual session of the 
 legislature, which was then going on at the rate of four 
 or five hundred dollars expense per day, to the State. 
 No one appeared to know where the four members, who 
 had thus unceremoniously and without cause, deserted 
 the Senate, had gone, or when they would return, if at 
 all. The dilemma presented was a disgraceful one to 
 the State. The existing vacancies in the Senate had not 
 been filled, and could not be filled, unless on terms and 
 with men that would suit the federal party alone — the 
 federal' members would not consent to refer the points in 
 dispute to the Judges of the Supreme Court for counsel — 
 nor could a majority of the federal members, who had 
 been constitutionally elected, be found to attend to busi- 
 ness, to furnish a quorum ! Under such circumstances, 
 an adjournment without day was proposed as unavoidable. 
 But on the Monday following, alarmed, perhaps, at the 
 high responsibility which they had taken upon themselves 
 in thus stopping the proceedings of the Legislature, or 
 at the rudeness with which they had treated the solemn 
 oaths of office which they had taken, to discharge faith- 
 fully the duties of their stations, Messrs. Drummond, 
 Gardner, Hinds, and Phelps returned to the Senate Board.* 
 Business was then resumed with great dispatch. Occa- 
 sional interruptions were made, however, by renewals of 
 the pretensions of the illegitimate Senators, although 
 more questions upon the same disputed constitutional 
 points had been drawn up, ex parte, with a statement of 
 facts, and submitted to the Judges of the Supreme Court 
 
 * Mr. Ilealy, also, had been sent for, and brought back, and restored the fede-- 
 lal party in the Senate to their former number 8, wliich was, probably, ■vvJ'.s''' 
 eff'icted the return of the absentees, though the messenger could not. 
 
The Illegitimates loithdrawn. 1 1 
 
 by Mr. Hunfoon, all of which were again decided against 
 the constitutionality of the Convention of the lid of 
 February, and against the course pursued by the federal 
 party.* This longer resistance of constitutional law on 
 the part of the four illegitimates, and their ahettors, 
 began now very shortly to excite the indignation of the 
 public mind. IS r)thing appeared to justify it. Decision 
 after decision, or oj)inion after opinion, had been given 
 by the Judges, directly against them. And to persist 
 still in their course, indicated, not a lack of inform;ition 
 resj)ecting the meaning and requirements of the constitu- 
 tion, but a wilful devotion to party purposes, and sullen 
 defiance of the counter judgments of the great mass of 
 the people, who could not now but understand the course 
 pursued, and condemn it as not only being unprecedented, 
 but lawless in the extreme. It was not until a {iiw days 
 b(^fore the session terminated, that the illegitimate Sena- 
 torsf withdrew themselves and ceased to annoy the 
 business of the Legislature. In regard to their pay for 
 attendance, a short contest between the parties was had 
 at the close of the session. The federal party contended 
 for paying them their travel and attendance down to the 
 time when the last opinion of the Judges was received ; 
 whereas the republican party contended that they should 
 be paid only to th.o period when the first opinion of the 
 Judges was received, declaring the convention that elect- 
 ed them to be unconstitutional. At length, the federal 
 party in the House increased their first proposition, and 
 voted to pay the four down to the last day of the session, 
 although neither of them had pretended to attend as 
 Senators, for many days! The Senate, of course, could 
 never assent to such an extravagant and profligate dispo- 
 sition of the public funds, and so no pay roll was made 
 up for the illegitimate four. Our limits will not allow 
 us to elucidate by comments the character of this, and 
 various other proceedings, incidental to the wild career 
 ran by the federal party. But the reader can reason from 
 what he knows, to suit himself. 
 
 *Cjre these questions ami decision thereon in Appendix I). 
 tit is line to Mr. Hill to siiv that he was the least obstinate of the four, an»! 
 v-.n..;.i.-,i ^. .. imiipvf, thf -liortest time at the Board. 
 
iOi Expenses of the State. 
 
 CHAPTER XIV. 
 
 Expenses of the State. — .Appropriation of $25,000. — 
 Closing Scenes of the Session. — Concluding Remarks. 
 
 The extraordinary proceedings, we have noticed, and 
 delay of business attendant thereon, could not but be 
 productive ofextraordniary expenses to the government — 
 all of which must in the end come from the people. It 
 cannot be doubted that these would to a very considerable 
 extent have been avoided, had matters been allowed to 
 take the usual course, and had not means and measures 
 never before heard of, and which were entirely without a 
 similitude, been forced into discussion, to take the place 
 of ordinary proceedings, tiiat would have met no hin- 
 drance and caused no delay. We have barely room to 
 add on this point, a short comparison of the expenses of 
 the different departments of government during the last, 
 and the preceding session of the legislature. The pay 
 roll of the House in 1829 was $19,920 50, and that of 
 the Senate, including the pay of a full board, was $3,- 
 046 50— and that of the Council, was |937. The 
 expenses of the House for 1830 were f 24,249 50 — those 
 of the Senate, including only sixteen members, were 
 $3,331, and those of the Council $1,G13 : — making au 
 excess on the part of the House, over the expenses of the 
 year 1829, of near twenty five per cent, or one quarter 
 part — and on the part of the Council an excess of near 
 fifty per cent I 
 
 Notwithstanding this additional burthen of expenses to 
 the people, for which one or the other party is highly 
 censurable, and notwithstanding the appropriations in 
 land already made for erecting the public buildings at 
 Augusta, the federal party in the House originated and 
 carried through, a further appropriation in money, or 
 authorised a loan therefor, of $25,000, to be expended 
 without delay by the commissioner on the public build- 
 ings ! Under the pressure of the times, and existing 
 provisions, this new tax in money has been regarded by 
 some, as imprudent and uncalled for. It was the under- 
 standing of the people generally, that the work should be 
 carried on, not through forced loans of money, but 
 
.Appropriation of ^25,000. 103 
 
 through tho proceeds of the sales of public lands, which 
 had been a|)propriated for the purf>ose. Why then a 
 new appro])riation, not anticipated by the past policy of 
 tiie State, and not consistent with the general under- 
 standing in regard to the means that should be employed 
 by the government in the work, so as not to run the 
 people in debt, should be made, was a question to which 
 subsequent events alone have been able to furnish a 
 satisfactory solution. This solution, however, is open to 
 objections from the one side, as of course it would be, 
 however justly urged by the other. We shall give it, 
 and leave it to the judgment of the reader to decide upon 
 Its rationality. It consists in the subsequent removal 
 from office, by Mr. Huntoon, of the late commissioner 
 on the public buildings, who was known to be opposed 
 to the proceedings of the majority in the legislature, and 
 the appointment thereto of one of that same majority, 
 Mr. \V illiam Clark, to whose exertions during the session 
 the federal party were very considerably mdebted. It 
 was foreseen, that the appointment of Mr. C. would not 
 be of much profit to himself or party, if he was obliged to 
 wait in his movements the slower process of procuring 
 funds from the sales of public lands. The term of his 
 continuance in office was also regarded as precarious, 
 considering the manner and circumstances under which 
 he arrived to it. Hence, to effisct a sure reward for his 
 partizanship, and to possess him of the means of extend- 
 ing oti' hand his own influence and that of his party, 
 recourse was had to a loan, so much at tlie expense of 
 the people, and so contrary to all pre-existing calcula- 
 tions in regard to the public lands for that purpose. — 
 The proceeds of the public lands, to be sure, when sold, 
 may be appropriated to the payment of this loan. But 
 the miercsL un tho .^25,000 is in the mean time lost to 
 the people, as the legislature oonld be accommodated 
 with buildings, free from expense to the JSiuto, until the 
 sales of the public lands would complete the new edifice 
 at Augusta. In fine, whether the motive that suggested 
 the loan at this juncture, bo what has been represented 
 or not, It must be regarded, nevertheless, as impolitic and 
 inexpedient, and a burthen upon the people without the 
 call of necessity, for which the partv originating it must 
 stand accountable. 
 
i04 Closing Scenes of the Session. 
 
 The closing scenes of the session were, in both branch- 
 es, in perfect keeping with those that had preceded. 
 They were also humiliating as any, to the pride of tlie 
 citizen, and unbecoming the character of legislative 
 assemblies. An order of thanks to the President of the 
 Senate for his services, was introduced into that body, as 
 had been customary. No one anticipated any opposition 
 to it. The most that could be anticipated in regard to 
 it was, that the federal members might not vote for it, 
 though not against it. But to the great surprise of all 
 present. Mr. Hinds, of Keimebec, who had himself voted 
 to elect Mr. Hall President moved to postpone the order 
 to the next legislature ! This motion was seconded by 
 Mr. Hilton, and the question was pushed so far as to be 
 taken by yeas and nays, and Messrs. Drummond, Hinds, 
 Hilton, Alorse, and Fhelps voted against it!'^" All of 
 these individuals, it may be remarked, voted for Mr. Hall 
 as President, against the knowledge and wishes of Mr. 
 H's. party and friends And now they endeavored to 
 disgrace him — inflict wounds upon his feelings, not cal- 
 culated to promote either public or private good ! It 
 was regarded as a party measure of the most despicable 
 cast. Consequently, when a similar motion was introdu- 
 ced into the House, to compliment the Speaker, the 
 republican party, in justice to themselves, could do no 
 less than to withhold their support from it. They, how- 
 ever, were too high-minded and honorable, and had too 
 much regard for decency, to vote against it ! They let 
 it pass without soiling the records of their body, by yeas 
 and nays upon the subject. 
 
 Thus the session was ended on the seventy third day, 
 amid all the angry feelings between the two parties, that 
 had attended almost every hour of its duration. It was 
 ended, as the reader has perceived, without having ever 
 properly organizpd the Senate, as the constitution re- 
 quires, and, consequently, (as many believe,) without 
 
 * We know of but one |)arallel to this fact, and the author of it was a federalist. 
 We now allude to tlie vote of Daniel Webster in Congress, during tlievvar, 
 against Mr. Clay. When Mr. Clay was appointed minister to Ghent to effect a 
 treaty of Peacp with Great Britain,' he was Speaker of the Hnuse of Represen- 
 tatives. At the time he was about to leave the Speaker's chair, to enter upon 
 liis new commission, an order of tlianks was proposed to be voted to him by the 
 House, — expressing tlieir wishes for his success and safe return to the coun- 
 try. 3Ir. Daniel Webster voted agahtst the proposition! Perhaps it is in the 
 nature of the federal party to perpetuate such feelings towards their opponents. 
 
Conclusion. 105 
 
 nerforminjT a sinijle act, beyond the choice of presiding 
 and recording olliccrs, which will stand the lest of juili- 
 cial investiaation. Of a certainty, the conslitution was 
 not complie^l with in filling the vacancies that existed in 
 the Senate, and of a certainty, therefore, the Senate was 
 not coniiK.se.l of the number required by the constitution* 
 How, with such an inioerleetly constituted hrancii, a 
 constitutional or perfect law cf.iild he enacted, is a ques- 
 tion which may. hereafter, be product-ve of inneh vexation 
 and expensive litigation among the peo|)le. Of a certam- 
 ty, too, if there did not, and does not to this day, exist a 
 constitutional Senate, the State is without a constitution- 
 al Governor, to say nothing of the other reasons which 
 impeach Mr. Huntoon's right to act as such. These 
 considerations, however, are what will engage the cool 
 reflections of the reader. He will, too, trace home to 
 those who merit it, the censure which should fall upon 
 them. It cannot be doubted, that constitutional elections 
 to supply the vacancies in the Senate, would have been 
 made at some stage of the session, had not others been 
 made and insisted on without cessation, in violation of the 
 constitution. Nor can it be doubted that other proceed- 
 ing's, in conformity to usage and the constitution, would 
 ha^'e been adopted, had those which were brought forth 
 without precedent been abandoned, and angry disputation 
 concerning them been thereby enrled To effect all this 
 was obviously within the power of the federal party, at 
 all times. They originated these new proceedings — they 
 insisted on their ado))tion — they might, if disposed, have 
 abandoned them at any moment. Not a new proceeding 
 was instituted by the republican part} — not a single de- 
 parture from usage was either suggested or advocated by 
 them. When the decision of the Judges was against 
 them, they submitted, without waiting to be urged to it 
 by their opponents. f When the decision of the Judges 
 was against the federal party, on questi«ins submitted by 
 the eight Senators, and on questions^ submitted by Mr. 
 Hall as acting Governor, the federal party refused to sub- 
 mit, though urged to do so by republicans. When the 
 
 *The words of the conUltuiion ire— Art. 4. part 2, sec. 1. " 'I'he Senate 
 shall consist of «o< less than twk.ntv." All law^, &c were pa.^se.1 by a bo.Iy 
 composed of only sixteen persons, as will uppcar. if ever the records ol tU« 
 Senate are proifuced to impeach any act of the lesrislature oJ J8J0. 
 
 t Sec page 00. t See page 94, and Appendix B 
 
 14 
 
1 06 Conclusion. 
 
 Court decided upon the questions put by the federal 
 party themselves, still they refused to submit to the deci- 
 sion. When again, a proposition was made by one of 
 the federal party to the republican party, to draw up a 
 mutual statement of facts and questions thereon, to be 
 submitted for the decision of the Judges, and for the gui- 
 dance of both parties, the republican party assented to it 
 off hand. But when they assented, the federal party 
 retracted their otler,* under the pretence that it had not 
 been authorized, although it was made by their principal 
 man, Mr. Kingsbury. So, before any extraordinary 
 measures had been adopted, and as soon as they were 
 proposed by the federal party in the House, the offer was 
 made by republicans, in order to save time, dispute, and 
 to remove all doubt, to submit the constitutional ques- 
 tions and principles, which those measures involved, for 
 the decision or advisement of the Justices of the Supreme 
 Court. But to this, the federal party would not accede. f 
 When these measures reached the Senate, the republican 
 party again made the offer to consult the Supreme Judi- 
 cial tribuual ; but again the federal party refusedj the 
 proffer, and forced their way through, against every ob- 
 stacle started in defence of the constitution and the 
 usages that had obtained under it. When the question 
 of counting votes for Governor came up, the republican 
 party in each branch proposed counting all votes returned, 
 without reference to little informalities, technical or cle- 
 rical errors, and to follow strictly, what appeared to be 
 the voice of the people, let disappointment fall to either 
 party it might ; — Or, on the other hand, to reject all re- 
 turns that were thus informal or defective, and to count 
 only such as came within the rigid requirements of the 
 constitution. II But both of these propositions were dis- 
 regarded by the federal party, and all defective returns 
 that gave a majority /or Mr. Huntoon were counted, not- 
 withstanding their defects, and all that gave a majority 
 against him, with one unimportant exception, were rejec- 
 ted! So, on questions of election of members in the 
 House, when the lack of prima facie evidence was disco- 
 vered in the certificate of a republican member, it was 
 decided by the federal party to be fatal, until it should 
 be made whole, before the committee on contested elec- 
 
 * See pages 96, 97. t See pages 75 and 76. J See page 81 and Appendix B. 
 II See Chapters VII and VIII. 
 
i 
 
 Conclusion. 107 
 
 lions.* But when a like defect was discovered in the 
 certificate of a federal member, it was not allowed to 
 prejudice the certificate, on the presumption that it would 
 be made whole, before the committee on contested elec- 
 tions. f Although nothing was carried in either branch 
 to further the purposes of the republican party, — yet 
 they did not, as in the Senate it was at all times in 
 their power, absent themselves from their stations, so as 
 to leave either branch without a quorum ; — But, on the 
 other side, the moment the federal party were unable to 
 execute their purposes in the Senate, in consequence of 
 the absence of one of their party, they absented themselves 
 in a body from their seats, in defiance of all rule and all 
 obligations, and refused to return or make a quorum until 
 they had numbers sufficient to prevent their party plans 
 from being defeated. f When Mr. Hall suffered himself 
 to be elected by federalists to the office of President, 
 contrary to the wishes of the republican party, the latter 
 did not therefore abuse him. But when the federal party 
 discovered that Mr. Hall would not sustain them, did they 
 not begin to treat him with disrespect without delay ? In 
 all these particulars, and many more, to which we have 
 alluded in the preceding pages, as well as in others 
 which have from necessity been omitted, striking con- 
 trasts in the courses, inclinations, and principles of the 
 two parties are presented to the understanding of the 
 unbiassed and candid reader, and with him and an intel- 
 ligent public, rests the judgment that should be pronoun- 
 ced upon them. But to say the least, they furnish some 
 fearful innovations upon the established usages of legis- 
 lative bodies, if they do not still greater violence to both 
 the letter and the principles of our written constitution. 
 And if these are sustained by the people, every party, it 
 is to be feared, that may hereafter obtain an accidental 
 ascendancy in our legislature, will find in them an ample 
 apology for resorting to whatever exjiedients their ambi- 
 tion, or desperation, may suggest, to retain their power 
 over the will and destinies of the people. 
 
 * See the decision on Roberts's certificate. t See pages 36 and 37. } See 
 page 99. 
 
APPENDIX. 
 
 (A.) 
 
 Is SENATE, January 19, 1830, 
 Ihe Joint Committee, appointed to examine the rtimn^ of votes 
 fur Governor from tlie several towns and plantations in this State, 
 have attended to that service and 
 
 REPORT: 
 
 That the whole number of votes, allowed by the Coniniittee to 
 have been didy rettn-ned, is Fo'btj-six Tknusand jive hundred and 
 fifty-oni-, that the ninnber necessary to constitnle an election, is 
 Twnihj-lhree Thousand two hundred and seventy-six; tiiat JO\A.- 
 THA>J G. IIUNTON has Twenty-three Thousand three hundred 
 and fijteen votes, and is elected. 
 
 ^The Committee fm-ther nport, that SAMUEL E. SMITH has 
 Twenty-two Thousand 7iine hundred and ninety-one voten; that two 
 hnndred and forty-five votes were given for sundry other persons, 
 and that sevetteen scattering votes appear by the returns to have 
 been given, but the returns do not designate the persons for whom 
 they were given. Tiie Committee did not allow and count said 
 seventeen votes. The returns from Wales, Dresden, Bremen, 
 Woolwich, Atkinson, Eddir.gton, Howland, Levant, Lincoln, A})ple- 
 ton, Freedom, Oxford, and Biakesburg Plantation, were not certified 
 to have been sealed up in ojien town meeting; but the votes from 
 said tdwns and plantation were allowed and counted, viz: For 
 Jonathan G. llunton, four hundred and fifty-four ; for Samuel E. 
 Smith, six hundred and seventy-four, and twelve votes scattering. 
 The returns from Vinalhaven, Alexander, Charlestown, Solon, 
 Cherryfield, and Plantation No, 14, or Mariaville South, bear date, 
 on the inside, as of September A. D. 1809, and on the outside, as of 
 September A. D. 18"39, and the votes from said towns and plantation 
 were allowed and counted, viz. for Jonathan G. Hunton, two hun- 
 dred and fifty-three; for Samuel E. Smith, two hundred and six, 
 an<l seven votes scattering. The return from Bluehill was certified, 
 on the outside by the Selectmen, but nut attested, on the outside 
 by the town clerk ; but the votes from that town were allowed and 
 counted, viz: for Jonathan G. Hunton, eighty-six, and for Samuel 
 E. Smith, thirty-three.* The votes from "Plantation No. 23, in 
 Washington county, were rejected ; the return |)urporting to be a 
 return from the town of No. 23, and being sign-d as by the Select- 
 men of No. 23 and town clerk. It appears by said return, that one 
 
APPENDIX. i09 
 
 vote was triven for Jonatlian G. Hiinton, and sixtpen votes for 
 Saiiiupl K. Sinitli. The votes froiii tlie town of UaiU'vville \v«;re 
 rejected; tlie return from wuid town heim; et itiHed on the inside, by 
 Daniel Ford, as* town elerk, and cenifled on tiie outside, by rfetii E. 
 Mnteliinson, as clerk of said town. It a|»|)eared by .said leturn, 
 that fourteen votes were given in said town for Fannicl E. I^niith. 
 The votes from llermon were rejected, because the retiifn was not 
 attested, on the inside, by the town clerk. It appeared by said 
 retiM'n, that three votes were jjivcn in said town for Jonathan G. 
 Ilunton, and forty-seven for Samuel E. Mnith. .n tlie return of 
 votes from Kitfery. vviiich was in the connn()n printed form, in 
 otlnsr respects, is the t'ollowiiiir statement, to wit, "after the above 
 votes were .sorted, counted and anncnmced, and before the record 
 was matle, two more votes were given for the Hon. Samuel E, 
 Smith;" but said two votes were not allowed and counted by tlie 
 committee. In the return of votes froni the town of llowland, it is 
 stated, aftei- <:iving tiie residt of the balloting of the iidial)itant.s of 
 thiit town, that "tlie inhabitants of the district, called Fassailunkeag, 
 gave in tluir vot-s at the same tune, as follows, for Samuel E. 
 Smitli, twenty-nine, Jonathan G. Ilunton, eleven, Thomas Davee 
 one;" these votes were allowed and counted; it does not appear 
 by said return, that the iidiahitants of said district, which is an 
 imincorporated place, were asse.ssed to the support of governi);ent 
 by the as.sessors of said town. The votes from the town fif Mercer, 
 which were allowed and comited, were evidenced by a document, 
 pinporting to be a copy of the original return of the votes of said 
 town, accompanied by the affidavits of the Selectmen and tf»wn 
 clerk of iMercer, proving that the original return of the votes of 
 that town, was properly made, in legal form, attested by the Select- 
 men and town clerk, and sealed up in open town meeting, and 
 delivered to Jonas I'arlin, Jr. to be foivvarded to the Secretary of 
 State's office ; the affidavit of said Parlin, accompanying said docu- 
 ment, proves that said original retm-n, delivered to him, was taken 
 from his office, or destroyed. 'J'he docimient aforesaid, and said 
 evidence were received at the otfice of the Secretary of State, on 
 the fifth day of December last. The return from Ilarpswell shews 
 one vote, given in said town, written Jonathan Hunton, which Avas 
 coimted for Jonathan G. Ilmiton. By the return from HoAvard't 
 Gore Plantation, it appear.s, that twelve votes, given in said Planta- 
 tion, were written Samuel Smith, which votes were coimted for 
 Samuel E. Smith. By the return from Milbmn, it appears, that 
 four votes, given in said town, wen- wiitten Samuel G. Smith, 
 which were counted for Samuel E. Smith. By the return fi-oin 
 Sullivan, it appears, that sixty-two votes, given in said town, were 
 written Sanniel C/. Smith, which were counted for Samuel E. Smith. 
 By the return from Sunkha/e Plantation, it appears, that four votes, 
 given in said plantation, were written Samuel L. Smith, which were 
 counted for Sairmel E. Smith. The return from Monroe, on the 
 outside, bears date the second Monday of September, A. D. 18 — 
 and, on the inside, A. D. \S'iU; the votes in said town, were for 
 Samuel E. Smith, one hundred and eighteen, and for Jonathan G. 
 Hunton, seventeen, and said votes were allowed and counted. By 
 the returns from sundry t( wiis, it appears tiiat twelve hundred and 
 eighty votes were written "Jouatlian G. Huntoon," which were 
 
no 
 
 APPENDIX. 
 
 allowed and counted for Jonathan G. Hunton. The Committee 
 have formed a list entitled, "List of votes for Governor, 1830. 
 Eleventh Session," to wiiich are annexed two sheets, marked A. 
 and B. bearing the names of the jjcrsons for whom the scattering 
 votes were given, and to which reference is made. 
 
 (B.) 
 
 [The following is the oi'der tliat was under discussion in the Senate 
 on the 2d February, at the time the eight federal Senators seceded 
 to form a convention with the federal members of the House.] 
 
 Mr. DuNLAP moved an order as follows: 
 
 In Sknate, February 2, 1830. 
 
 Whereas the Senate has not as yet determined tlie deficiencies 
 that exist at the Senate Board, nor the constitutional candidates to 
 supply the same, if any exist: And whereas the Senate has not as 
 yet concurred with the House of Representatives in their proposi- 
 tion for a convention for the purpose of supplying deficiencies at 
 the Senate Board — It is therefore Ordered, Tliat the Justices of the 
 Supreme Judicial Court be requested to give their opinion, on the 
 following questions, to wit. : 
 
 1st. Can a Convention of the members of the Senate and House 
 of Representatives be constitutionally formed for supplying deficien- 
 cies in the Senate, without the concurrence of the two branches of 
 the Legislature ? 
 
 2d. Can such a Convention, formed without the concurrence of 
 the Senate and which does not contain a majority of such Senators 
 as are elected, proceed to supply deficiencies befoi-e the Senate has 
 ascertained the deficiencies that exist at that Board, and designated 
 the constitutional candidates to supply said deficiencies.'' 
 
 [While Mr. Hall was officiating as Governor, in order to obtain 
 the information so desirable and important under the circumstances 
 that existed, and to cure all objections to the foregoing questions 
 from the Senate, propounded when only eight Senators were pres- 
 ent, he submitted to the Judges the following interrogatories: — ] 
 
 STATE OF MAINE. 
 
 To the Hon. Justices of the Supreme Judicial Court. 
 
 Gentlemen — Pursuant to the 3d section of the 4th Article 
 of the Constitution of this State, I hereby request your opinion on 
 the following questions, to wit : 
 
 1st. Can a Convention of the members of the Senate and House 
 of Representatives be constitutionally formed for supplying deficien- 
 cies in the Senate, without the concurrence of the two branches of 
 the Legislature ? 
 
 2d. Can such a Convention, formed without the concurrence of 
 the Senate, and which does not contain a majority of such Senators 
 as are elected, proceed to supply deficiencies, before the Senate has 
 
APPENDIX. in 
 
 ascertained tl.e deficiencies that exist in tlic Senate, nnd designated 
 the constitutional candithites to supply said dcncicncies-and can 
 any other body under the Constitution, other than the Senate, de- 
 signate tlic constitutional candidates to supj. iy such dcfirioncics = 
 JOSHUA HALL, President oj the Senate, 
 
 i~, ., . exercising the office of Governor. 
 
 Council Chamber, F^hruary 5,1830. j^ounw,. 
 
 [After the fedcra 
 
 the absence 
 
 federal eight obtained an ascendancy in the Senate, by 
 ol I resident Hall to ofliciatc as Governor, tlicv voted 
 to expunge from the records of the Senate, the order passed on the 
 ^d February. But Justices Weston and Parris replied to that order, 
 as we as to the interrogatories of Mr. Hall, and C. J.Mellen repli- 
 ed to the latter. Their answers were as follows:] 
 
 To the Hon. Joshua Hall, President of the Senate, exercising the oMce 
 of iiovernor. ° " 
 
 To the rpiestions contained in your letter of the 5th instant, the 
 tollowmg opinion is hereby given by way of answer. 
 
 »i \lt a ■''?'^^'°r' ?S '''^' ^^'' ^'■''^■'•^ "^ tJi*^ Constitution provides 
 that <Ae5e/!a/f "shall on the said first Wednesday of January de- 
 ternnne who are elected by a majority of the votes, to be Senators 
 in each district: and in case the full number of Senators to be 
 elected from each district shall not have been so elected, the mem- 
 bers of the House of Representatives, and such Senators as shall 
 have been tlected, shall," &c. &c. 
 
 There are two modes of determining who are elected Senators; 
 the one is by inspection of the' returns of votes, the other is by a 
 decision ot^ the Senate. Cases may occur, iu which both modes 
 cannot, before vacancies are filled, be adopted. 
 
 The section in question, seems to contemplate a Senate and its 
 acts: It seems also to contemplate merely a number of Senators- 
 and that number may not amount to a constitutional majoritii for the 
 transaction of business. An attention to this distinction may recon- 
 cile any supposed difficulties ill the construction of the provisions 
 of the section. 
 
 A Senate cannot exist for the purpose of doing business, unless 
 composed of eleven Senators at least; and such Senate can act 
 only by vote, and decide only by the power of a major vote of the 
 constitutional quorum. 
 
 But in case a less number of Senators than such quorum shall 
 appear 6y the returns to have been elected, though they cannot form 
 a Senate for the transaction of business, still they have a right, by 
 apart of the above section, to join in the convention formed'for 
 siii.plying vacancies. The expression is, "The members of the 
 House of Representatives, and such Senators as shall have been 
 elected, shall." &c. 
 
 When a quorum or more are elected, they are required, as a 
 Senate, to do certain acts, particiilarlv specified, preparatory to the 
 formation of a Convention for supplying vacancies; but when a 
 number less than a quorum are chosen, they have no constitutional 
 authority to do those preparatory acts; but, as before observed, 
 
112 APPENDIX. 
 
 they will have a right to vote in convention in virtue of the evidence 
 of tiie returns and without any other evidence, or any prepaiatorj- 
 proceedings on their part. This view of the provisions of the sec- 
 tion seems not only justified, but required, in order that the rights 
 of all concerned may be preserved. It also leads to a more satis- 
 factory opinion on tlie points presented for decision. 
 
 All three of the questions proposed, are predicated on the fact 
 of an existhtg Senate, clothed with power to act as a distinct branch 
 of the governmsnt, and being a constitutional Senate, it is their 
 duty " to determine who are elected by a majoriry of votes to be 
 Senators in each district,'" before a convention of the two Houses 
 can be formed for supplying vacancies. 
 
 This opinion, thus expressed, is considered and intended as a 
 negative answer to each of the questions proposed. 
 
 The foregoing opinion imist, of course. i)e considered as founded 
 exclusively on the points laised bv thp proposed questions. 
 
 PRENTISS MELLEN, Chief Justice. 
 
 Portland, February 10, 1830. 
 
 To the Hon. Joshua Hall, Prrsident of the Senate, &fc. fyc. 
 
 The undersigned having considered the questions proposed to 
 him as a Justice of the Supreme Ju(hcial Court by the Senate on 
 the 2d instant, as appears by an order certified by their President 
 and Secretary, and also by yourself as President of the Senate, 
 exercising the office of Governor, on the 5th inst. replies, that the 
 constitution has pointed out the mode in which the Senate shall be 
 filled in case tlie full number of Senators shall not have been elected 
 by the people. In such case the Members of the House of Re])re- 
 sentatives with such Senators as shall have been elected are by 
 joint ballot to elect the number of Senators required. It must 
 therefore be first ascertained whether the full number has, or has 
 not been elected by the yjeople, or in other words whether there be 
 any deficiencies, before measures can be taken to supply such 
 deficiencies. The constitution has also pointed out the mode by 
 which this fact shall be ascertained. The Senate, under the 4th 
 Article, part 3, section 3, is the sole judge of the elections and 
 qualifications of its own members, and under the 5th section of the 
 same Article, part 2, the Senate is required to "rletermine who are 
 elected, by a majority of votes, to be Senators in each District," and 
 upon this determination may arise the contingency upon which the 
 power and duty of supplying deficiencies devolve upon the members 
 of the House of Representatives and the Seiuitors elect. If the 
 Senate is the sole "judge of the elections and qualifications of its 
 own members" how can it be ascertained whether "the full number 
 of Senators has or has not been elected" except on the adjudication 
 of that body in which is vested the exclusive power of adjudi- 
 cating 
 
 The validity of the elections may depend upon various facts, such 
 as the orderly conducting the primarv meetings in the several towns 
 in each Senatorial District, the qualifications of those who voted, 
 the eligibility of the candidate having a majority of votes, and the 
 legality of the returns. All these are facts open to controversy, 
 susceptible of proof, and upon which, by the Constitution, a decision 
 seems to have been contemplated as necessarily preUrainary to as- 
 
APPENDIX. 
 
 113 
 
 < ertaininir ilic (k-ficicnrics. The Constitution has, indeed provided 
 that the (Vovcnior and (Council, shall examine the rflurns of votes, 
 and sunuHoii sucli a.s appear to be elected, to atlenil and t.ike tlicir 
 scats. But this e.xaniination is merely for the purpose of proviiling 
 for the oriraiiization of the Governimiit by tlie attendance of such 
 persons, as from the inspcclion of the rclitins appear tr> liave been 
 elected. Tiie Gorcrnor and Council never presumed njion an en- 
 quiry into the vnlidHy of a Senatorial ckclion, nor could such an 
 enquiry, were it to be instituted by that body, liave aii\ binding 
 effect.* On the contrary, it is not very uiujsual for the decision of 
 the Governor and Council, even upon the legality of the retiu-ns, to 
 be overruled by the Senate, upon a rc-cxainination. Such was the 
 fact in the first lej,'islature of this State, where the officer authorized 
 to examine the returns declared a deficiency, and the Senate upon 
 a re-examination of the same returns decided that there was an 
 election l>y the people, and tiiat no deficiency existed ; and the un- 
 dersigned believes (altlioiitrli he has now no oppertunity to resort 
 to the record) that at a stiil later period there will be f(ni)id a case 
 where the Governor and Council declared an election and siinunon- 
 ed the moniher, but the Senate overruled the decision and declared 
 thesittiui: membrr not to have been duly elected, and the deficiency 
 was supplied in the manner pointed out in the Constitution. From 
 the language of the constitution and from the practice under it by 
 every Legislature since this Government was crganized, the under- 
 signed cannot tloobi, ihai \\ lum a quorum of the Senate has been 
 elected by the people, and the Senate has been duly organized as a 
 co-ordinate branch of the Legislative Department, that branch has 
 the exclusive power of determining whether the full number of 
 Senators has or has not been elected by the peo|)le, and of course 
 to declare deficiencies if any exist, and Irom the returns, (which are 
 under its exclusive control) to ascrrtain and determine who are 
 constitutional candidates from whom the deficiencies are to be sup- 
 plied. Were it necessary to supj)ort this opinion by autliority, the 
 uniform practice of the Legislature of Massachusetts, under provi- 
 sions in their constitution similar to ours for a period of about forty 
 years previous to our sejiaration from that Commonwealth, the 
 insertion of similar provisions in our constitution, without alteration, 
 and the practice by every Legislature of this State, under those 
 provisions, all unite in indicating the true meaning of that ))ortion 
 of the instrument ui)on which we are now called to give a construc- 
 tion. So in relation to the transaction of business to be done in 
 joint convention of the two Houses or the members thereof; estab- 
 lished usage has confirmed, as correct, what would seem to be the 
 necessary and only mode of accomplishing such business, by a con- 
 vention formed by the concurrence of the two Houses or a majority 
 of the members thereof. If a convention formed without the con- 
 sent of both Houses, or a majority of the members of each, could 
 legally and constitutionally do those acts required to be done by 
 joint ballot, the Legislature might exhibit the singular anomoly of 
 two conventions sitting at the same time to accomplish the same 
 business, each formed of a majority of one of the branches and a 
 minority of the other. The undersigned is therefore of opinion 
 that deficiencies in the Senate cannot be supplied until such de- 
 ficiencies have been ascertained by the Senate, if that branch ef 
 15 
 
114 APPENDIX. 
 
 the Legislature has been duly organized, and that the constitutional 
 candidates to supply >:uth deticieiicies iuut?t he ascertained hv the 
 Senate from an examination of the reiinns, of the legality of vvhich, 
 that body is by the Constitntion tlie sole and exr.hisive judge. 
 
 ALBION K. PARRIS, Just. Sup. Judicial Court. 
 Portland, February 8, 1830. 
 
 AiigMPta, February 4, 1830. 
 To the Hon. the Senate of the State of Alaine. 
 
 The undersigned, a Justice of the Supreme Judicial Court, has 
 taken into consideration the questions propounded by an order of 
 the Senate, passed on the stconci instant. 
 
 The Constitution of tiie State, article fourth, part second, sectioit 
 third, has made .'a-h liou-e th.i ju Ige of the elections and qualilica- 
 tioMs of its own members. By :irticle fourth, part second, section 
 iifth, it is made the iluty ot the Senate, on the first Wednesday of 
 January atmually, to determine who are elected by a majority of 
 votes to be Senators in each district. Upon this determination 
 Tacaneies, if any are (ound to exist, are to be supplied in the man- 
 lier provided in tl)e same sec ticju. The Senators elected and the 
 members of tlie Hi use, in snpi)lying vacancies, are required to 
 choose from th« highest number of tlie persons voted for, equal to 
 twice the nundjer of -senators deficient, on tlie lists returned, in 
 each district. It may, and tlie undersigned thinks must, be consid- 
 ered as incident to tin ir power to determine the election of their 
 own mendiers to determine also, where there has been no election 
 by the jieople, who are the constitutional candidates, fron) whom 
 the deficiencies are to be siq)pried. And it is believed the usage, 
 both in this Stale and MasSrtchusetts, where vacancies in the Senate 
 are supplied in the same manner, is in acconlance with this opinion. 
 The Constitntion delegates and distnl)utes to the several depart- 
 ments of government their respective powers, and determines 
 generally in what manner they shall be exercised. Where the 
 Constitution is silent, much dejiends on precedent and usage, which 
 is genei-ally respected, and would not it is presumed be lightly or 
 unnecessarily changed. A convention of the Senate and House of 
 Ke])resentatives, is formed by concert between the two Houses. 
 Official comity, and the oi-derly conduct of business requires this. 
 Probably no jirecedent can be found either in this State, or in that 
 from which we have separated, of af'conVernion of the two Houses 
 being formed, without such concert. These intimations would not, 
 it is believed, in ordinary cases, be controverted. 
 
 There may arise, and there have arisen, in the history of States, 
 extraordinary periods, when the course prescribed by usage and 
 the fundamental laws, either cannot be, or is not, pursued. What 
 remedy shall in such cases be aj^plied, to prevent a dissolution of 
 the government, or to britig its powers into action, it cannot belong 
 to those, wliose duty it is to interpret existing laws, to determine. 
 I have the honor to be, very respectliilly, 
 
 " your obedient servant. 
 
 NATHAN WESTON, J un. 
 
ATPENDIX. 115 
 
 (C. 
 
 [Mr. Cutler, ns Actin? Governor, .'iiiil f!in roiinoil al<o, siilnnittod 
 ilio point ri"l"(.'rit*fl t<> on |ia£;es 90 and 'J J, and llio anr^wors tu each 
 arc embraced in the Ibllovving.J 
 
 CvMRRiDOE, Jan'y. 30, ]8n0. 
 To the Honorable Council of the St(tli' of .M ine. 
 
 Last evcnini,' on my arrival in tliis town, 1 received from the Sec- 
 rotary of State, a copy of yoin" order or res(dve of the 2r)th instant, 
 re(inirin;.r the opinion of the .fustioes of t!ie Snprenie .fndicial (Jourt 
 on certain qnet;iiijns' stated in said order. As the Sr <retary was 
 din-cted to linni-h each of saiil Justice^ with a copy of the same, it 
 may at least be inli-rred that the C'tanicil did not expect that a per- 
 soiifil interview and consnltalion should he had by the iniMnhers of 
 tiin Coint, distant as they n«iw are from each other. .On this pre- 
 sinnption, ami to avoid delay. I have conchided to state to the Hon. 
 Council the opinion I have . formed, upon the questions submitted, 
 and to f;ive notice of my havin<r sd done, to my brethren without 
 loss oftir.ie, requesting ihein, if tliey tliiuk proper, to adopt a similar 
 mode of pmceedinir. 
 
 1. The { (institution provides that the Senate shall choose their 
 President ; and he is always one of the Senators. 
 
 2. A Senatt)r, as well as a Re]>resent:itive is elected " fof one year 
 from the djiy next preceding the last uiiuuul meeting of the Legisla- 
 ture." 
 
 3. A Senator, of course, vvlien such year has expired, loses f/jat 
 charnctcr, on which the office of Pre-iih-nt of the Senate dej)ends as 
 its necessary foundation ; hence both i-fliees by lapse of time expire 
 at the same moment, unless that nV Pre.iiilc.nt of the Scvaff is other- 
 wise terminated during the continuance of the ollice of Senator. 
 
 4. When a new Preautent of the Senate is elected and has entered 
 on the duties of his ollice, after the expiration of the year or term 
 for which the next precedinir President was elected, such election 
 must be considered as having been made because no President was 
 then in offire. 
 
 5. There carmot be tivo Presidents of the Senate, at the same time, 
 when there is only one Senate in existence. 
 
 <i The 14th Sect, of the 2d Art. ol"tiie Constitution provides that 
 " Whenever the office of Governor shall !)ecome vacant bv death, 
 resignation, removal from office, or otherwise, the President oftlie 
 Sinnte shall exercise the otTice 6f Governor, until another Gi>vpra- 
 or sliall be duly qualified." This office he is to exercise because he 
 is f'resident of the Senate, and in virtue of his chaiticter as such 
 otricer, at the time of <u<-h exercise of the oliico: and not because 
 he hitil been President during the year next preceding. 
 
 7. Unless this construction is adopted, tliere may be confusirm iu 
 the administration (d'lroveriuMent : for if there may be, consi^-tently 
 with the constitntimi, two Presidents o( the Senate at the .-ame time, 
 to whom shall the lamruajre of the article arul section before cited 
 apply? both Presidents are notintended ; the provision contenqdates 
 but one, as in existence. .\ con«^truction rif the Constitution lead- 
 ing to such consequences and involving such inconsistencies, I can- 
 
116 APPENDIX. 
 
 not consider as legitimate and correct ; or, as ever contemplated by 
 those who framed the Constitution. 
 
 In compHance with the order of the Hon. Council, I give it as my 
 derided opinion that "when the Office of Governor has become 
 vacant, and the power and duties of that office have devolved upon 
 and been exercised by tlie President of the Senate until the first 
 Wednesday in January, terminating- a political year, and until ano- 
 ther President of the Senate has been chosen and has taken upon 
 himself tliat office," the office of Governor cannot be further exerci- 
 sed according to the provisions of the constitution by such^^r^f nam- 
 ed President of the Senate: but said office of Governor ought to be 
 then exercised by said last named President of the Senate while he 
 holds that station, and until another Governor sliall have been duly 
 qualified. This opinion is respectfully submitted to the Council in 
 answer to the questions proposed in the beforementioned order or 
 resolve by PRENTISS M ELLEN, 
 
 Chief Justice of the S. J. Court of the State of Maine. 
 
 To the Hon. JVafhan Culler, 
 
 and the Hon. Council of the State of Maine. 
 
 The undersigned having considered the questions propounded to 
 him as one of the Justices of the Supreme Judicial Court, on the 
 23d ult. by the said Cutler, as '• President of the Senate of 1829 and 
 acting Governor," and on tlie 25th ult. by the Council by their re- 
 solve of that date, replies, that he concurs with the Chief Justice in 
 most of the reasons by him given, in his answer of the 30th ult. to 
 the questions propounded by the Council as aforesaid, and which it 
 is unnecessary here to recapitulate, but would add that inasmuch 
 as the question itself im]ilies doubt as to the construction of a 
 portion of the constitution, it may be useful to recur to the legal 
 rules of construction applicable in such cases. It is a well estab- 
 lished principle of law, that such construction ought to be put upon 
 a statute as may best answer the intention whichthe makers had in 
 view, and that, whenever any words are doubtful, the intention of 
 the Legislature is to be resorted to, in order to find the meaning of 
 such words. To ascertain this intention, it is often necessary to 
 consider the other parts of the statute, for the words and meaning 
 of one part frequently lead to the sense of the other. So, in the 
 construction of the Constitution, which may be considered as a par- 
 amount statute passed immediately by the people, binding upon all 
 the departments of the Government, and not subject to the power 
 of either, tlie same rule of construction may be applied. The mean- 
 ing of the paragraph in the I4th section of the first part of the fifth 
 article of the Constitution, in these words "The President of the 
 Senate shall exercise the office of Governor until another Governor 
 shall be duly qualified," may be considered doubtfid. It is doing no 
 violence to the language to consider it as referring to the officer 
 for the time being, so that whoever should be invested with the 
 office of President of the Senate, at any time, during the vacancy, 
 should, during the time of his holding such office, the vacancy still 
 continuing, exercise the office of Governor ; or it may be considered 
 as applying to the individual holding the office of President of the 
 Senate, at the time the vacancy of Governor occurred, and entitling 
 him to exercise the office of Governor during the existence of the 
 
APPENDIX. 
 
 1 1 ; 
 
 -iicaiicv, even bpyond liie political venr in wliicli it occurred. Tlir Jan-riin-^ 
 hcin" siisccptiMe of diflTtrint consuurlioiis, ilie inquiry is, wliirli will It-M 
 comport witii the otlur purts of ihe inatrunicnt ami tlie sjurit of the whole. It 
 w.ts maniffstlv tlie intention of tlie framers of the Conslitiiliori that the pcopiR 
 ehoiiKI be amiually reinvoFted with all ilie powers by them entrinted to the 
 Executive and Legislative Departinents of tlicOoverninent, and that the auth"n(y 
 to execute these powers should bn nnntuilly derived from the peopl-i. It in 
 therefore provided that the Governor shall iiolil his office one year from the first 
 Wednesday of January in each year, and thut the Senators and Representatives 
 shall be elected for out year only. Suppose that subsequent to the election of 
 a Governor, but previous to taking the retjuisite oaths, the Governor elect slioidd 
 die (as was the case in Massachusetts durnig our connexion with that Coninion- 
 weiilth) or should decline accepting, the oflice of Governor the preceding year 
 liaving been vacant and exercised by the President of the Senate. I ain not 
 awure that tlie Constiluiion has provided any mode by which such vacancy can 
 be filled by election, either by the people, or the Legislature. The office must 
 then remain vacant during the year ; and if it would be doing no violence to the 
 language of the Constitution to say that the President of the Senate of the pre- 
 cedmg year i^hould .still continue to exerci.se the office of Governor for the 
 current year, and so from year to year "until another Governor shall be duly 
 qualified," it certainly would not comport with the spirit of that portion of the 
 instrument which provides for an annual Executive, and it does not seem to me 
 that those who framed and tlio»e who ratified that instrument could ever have 
 intended that such a result should by possibility occur. Other cases iriight be 
 put which would be equally illustrative of the effects of such a construction. It 
 surely would not be contended that the Governor of the preceding year should 
 hold over, in case the Governor elect should decline accepting, or die before 
 lakmg the oatlis, or in case the office of Governor should not be filled in the 
 ■nuiiner pointeil out by the constitiition by reason of any other casualty, because 
 ihat instrumeiit bars moit manifr'sfly provided ntharwige. But if those who 
 fi amed it hatl intended that tlie President of the preceding Senate, exercising the 
 office of Governor, should hold over in case of a vacancy of Governor the suc- 
 ceeding year, would they not have provided also that the Governor for the pre- 
 ceeding year, holding his office to the end of the political year, should hold over, 
 in case of vacancy the succeeding year. What reason could be given for 
 authorizing the President of the Senate, exercising the office of Governor, to 
 hold over, and not authorizing the Governor himself to hold over under circum- 
 stances precisely similar. Every argument arising from the inconvenience of 
 withdrawing the President of the existing Senate, from his appropriate duties 
 at that board, or from the apprehension of anarchy in case no presiding oflicerii 
 should be elected in either branch of the new legislature, would apply with 
 equal force in the one case as in the other; and to my mind the inference is 
 •trong that it was never intended that there should be any holding over in either 
 case. By construing the words " The President of the Senate shall exercise 
 the office," A:c. to mean the President of the Senate /or the time being, no vio- 
 lence is done to the language, the difficulties above suggested and otiiers that 
 might be enumerated, are obviated, the principles upon which tJie executive 
 department is predicated, are preset vrd, and the executive power, in every 
 contingency, will then annually revert to the people, and will be exercised by 
 an officer holding his place under anew election, whether tliat officer be de- 
 nominaied Governor, President of the Senate, or Speaker of the House. It ie 
 manifest that some clauses in the constitution will not bear a strict, literal con- 
 struction; for instance, the term of office of the Governor is one year from the 
 first Wednesday of January. In many cases that period wouhl have been fully 
 completed a number of days previous to the first Wednesday of January of the 
 succeeding year, and unless, by construing the phrascolo- v to mean a political 
 year, such a construction could be given as would extend the term of office to 
 include the first Wednesday of the succeeding Junnarv, the oath of qualification 
 could not be administered by the Governor to the members elect of the two 
 branches of the legislature. So ir. the case of Councillors who are to be 
 chosen annually, on tlie first Wednesday of January, if practicable, for the 
 purpose of advising the Governor for that political year. Unless such a con- 
 strucuon could be given as would authorize the Councillors of the preceding 
 year to assist in administering the oath of qualification to members of the legis- 
 lature subsequejit to the first Wednesday of January, those Senator* who should 
 bt elected by the two branches to supply vacancies, could not be qualified until 
 
118 
 
 API'ENDIX. 
 
 after the election ol ;i new Council, anr] of course cmilrl liave no voice in Pnch 
 elecfi'in, manif;;st!y iigain t tlie spirit of t' e Itli sfct, of the *)ih a-t. nf the con* 
 fititution. Hniler a belief t!i;it -nch a con=;trnetion wa; wnrranted, hv the obvi- 
 uH^ intention of the framers of the constitution as in'.lir.aied in other parts of that 
 in>trinnent. a qtioruin of the old Council were imifounly reqiie-ted by the tJov- 
 ernor to remain, until u quorum of the new could be qualified ; but there never 
 was any attempt to transact executive bus^iness of any kind, by either 'ilovernor 
 or Council, subse(inent to the day preceding the fir";t Wednesday pt' January, 
 
 expires with the year, tnusi from nece.<sity act as Governor, and the Coiuicil of 
 the precedinjr yeai- continue to act as such, under the like necessity as above 
 stated, in qualifying the new lep:is!ature, but the /leres.s'ili/ cea-es up'>n the elec- 
 tion of a President of the new Senate, an officer then beinsr in the full exercise 
 of the office upon which accordma: to the provision of the constitution, the duties 
 of Governor devolve in case of vacancy. 
 
 Upon every view of this subject which I have been able to take, mv mind has 
 come irresistibly to the conclusion that the executive duties of the State when 
 constitutionally exercised by the President of the Senate, devolve at the end of 
 the political year when so exercised, on the President of the Senate of the next 
 political year, the office of Governor for iliut vetir being; vacant. 
 
 ALBlOiN K. PARliIS, Just. tSup. Jud. Court. 
 Portland, Feb. 4, 1830. 
 
 AufiusTA, Janiiaiy 30, 1830. 
 To the Hon. Nathan Cutler, acting Governor of the St de : 
 
 Sir, — The underiened, a Justice of tlie Supreme Ju iicial Court, haying taken 
 into consideration the questions propounded by the nctint; Goveinof, would in 
 reply state t'lat when tlie B>(c<-.uiivii duties rlou.ilva upon Uie Prejjjdent of the 
 Senate, in virtue of the fiurteeuth section of the first part .-f the fifth article of 
 the constitution, he has the jjower and authority of Governor, until anoilier Gov- 
 ernor shall be duly qualified. It might be m-ged, inasmuch a? h^ is called to 
 supply the vacancy in tlie executive department, in consequence of his olficial 
 character as President of the Senate, that upon tlie determination of the latter by 
 lapse of time, the former would cease also. The uudersign-d, h .wever, is of 
 opinion that, upon a Just construction of the section befcrre stated, in connection 
 •with other parts of tde constitution, his right and authority to exercise the office 
 is not thus limited. By the express provisions of the constitution, tlie meniliers 
 of the Senate and of the House of Representatives are elected for one year, fij /m 
 the day next preceding the annual meeting of the legislatore. After the expira- 
 tion of that period, there is no President of tlie Senate, until one shall have been 
 chosen by a new Senate, convened in virtue of a new election. By the first sec- 
 tion of the ninth article, it is declared that every person elected or appoit^ted t* 
 any place or office provided in tlie constitution, before he enters on the discharge 
 of the duties of his office, shall take and subscribe the oath- or atfirmations 
 therein prescribed. And it is in the same section further provided, that such 
 oaths or affirmations hall be taken and suhactibed by the Senator- and Repre- 
 sentatives before the Governor and Council. Unless there is m i-ie d;ty .f the 
 meetiii"- of the legislature, and before either house can proceed to elect ,t- pre- 
 Bhlinor officer, some person exercising the ofKce of viovern jr, this e-sentialand 
 imnortant provision of the constitution cannot be carried into efliect. When, 
 therefore, the office of Governor becomes vacant, and its duties are exercised by 
 the President of the Senate, those duties must from the necessity of the case, 
 and bv the plain intendment Ot the con.tiiuli in, be continued until the members 
 of the'new legislature are qualified. It results then that the person designated 
 by the constitution to supply the vacancy in the othce ,.f governor may and must 
 discharge its duties beyond the period tor wa.ch he was elected to tlie olhce, m 
 virtue of which he was thus designated. If he mav exercise the office of Uovei- 
 nor on the day of the annual meeting oi^ the legislature, when he ,s "/> l""|^r 
 President of the Senate, which the undersigned think, cannot be doubted, the 
 the question returns, when does his authority in the executive d<;P"'.t"»^"'' ter- 
 minate ? The constitution has in distinct terms answered that ^^-M wneil 
 "another Governor shall be duly qiiahued. ' this must necessa u y ^.'^J;" f 
 quentto the election of a new President of the Senate ; because ' - "iV .^';;» 
 tUtthe Governor is required to take and ^"'^^^<^;;'^%' '« "^^''''^ V, feCisfa- 
 prescribed by th« coastituUon, »f able to attend before the recess ot the legi^ia 
 
APPENDIX. 1 10 
 
 iinr When ili*- ^fpenUer succeeds to snpi.lv the vncnncy in tlio olTicf. a diir-i- 
 CMI periorl i> Inuii.fl Ho is to exercise ti.e oflicp, not until nimtlior (Jo' sriioi- 
 vlinll bP 'ln)\ <iuiil.ruMl, bill until a Pren.l. iit of the Sftmie shall htivt-be-.-ii 
 fhosen. The constitution points out the imlividuHl by wlioni ilio v^icancy in the 
 otfice fiholl he supplioil, dc-ciihinp him by ilie n(rice he holds, wiien tlie vncaii- 
 cy arises, nil doter'niu.-" Iiow long that individual ahull fJi-»cliaii;o im duties. 
 It does not provide that flu- Prt-sideiit or Speaker, for the time being, or ex-f}^ciit, 
 (•hall net MS (.overnT. If the President sui cucds, he is to hold until another 
 Gfivernor -hall he duly qiialilied ; if the Spt-nl.er, until a President of the Soii'ite 
 shall hav." ;,( en eho.-ien. Tliose distinct limitations in the same section, eannoi 
 be uiider-tood lo mean the same tiling:. The framers of the con-tiiuiion might 
 not (1. em it expedient to c.iU the new Pre-iJenl fr(jm his appropriate duties, to 
 ffueeee'l the t'ormer Iresiilent in tiie executive department, during the #liorl 
 n< riod whicii misht be expected to intervene lietween the meeting of the legis- 
 lature and the qnalilicatiini of the c m-tiiuiional Uovernor. 
 
 tor the f. redoing reasons, the under.-.igned is of opinion, that the executive 
 duties oftlie f^tate, when coiHtltulionaliy exercised by the Preident of the iSen- 
 «ie, do not d. volve, at tlie end of tlie jiolitieal year, on the President of the 
 Sevaii' or Spe^ki-r .,f the House of Representatives of the next political year, 
 whichever shall hii-'r^^t chosen ; hut that such executive duties oUgUt btill t.i be 
 exercised by i>!e Pie'Hrient ..ftiie preceding year, until another Governor of tli« 
 Stale, cliu^en ijy tliu people or tlie Icsi^Iaiure, be qualified. 
 1 liave the honor to be, very lespectfully. 
 
 Your obt servt, WATHAN WESTON, Jr. 
 
 (D.) 
 
 Qii-iKoji.'! pi opoundud htj Jonaihmi G. llunton to the Justices of the Siipremv 
 — ^farrtriai Oviu ( j J ^ i i u rrry 13, 183'.). 
 
 As .Vrtide -Ith, part 2d, Sec. Ist, provides tliat "the Senate" 
 siv.ii riJiiTi t lii iwtiens tlum twenty, and a> the 2d Soc. of the same Article pro- 
 vide, that "the number of .'ien.itors shall not exceed twenty at tiie fir^t api)or- 
 tiorinicnt," can ■.v.:\ nu\:\\ i less than titeiily compose " the Senate" \yitii power 
 to determine » d by a niajoiity of votes to be Senators in each dis- 
 
 trict — or can a. v« than twenty c im|n)se a Senate ? In other words 
 
 nmst not nil) v .. ,, i;.c - ,.i t le elcctinis of tiie peop'e, wluU the .Si-nate is com- 
 posed ofllie Itu-i MUinb. r that constitute.-, a Heinite, he tilled by a convention of 
 tlie members ui tue Uon^e of Kepieseiitarives and sucli Senators as shall be 
 elected, to con-cinte aSeiiate ? 
 
 2. Has tiie ProiJti^^uf tiie Senate, when the office of Governor is vacant, 
 and when lie ougiii to be acting as Uovernor, a right to preside and vote at tlie 
 Senati- Board I. 
 
 3. If the President of tti^ Senate has not such a right, arfi the acts of the ma- 
 jority ol tlie other memhera ^f tlie Senate to be considered as valid acts of the 
 Senate, ailtiouffh not declared « vole by sucli President ? 
 
 J. (an a member ofilie Senate, who lias been declared to be duly elected hv 
 a vnte of tlic .Venule, be depj-iTetTBl'bis seat in aii> other way than "by a vote of 
 e.\puNion, t«i> iliirds cunemring ? 
 
 5. Oil tlie lori-t'oing statement of facts, are ^lessrs. Appleton, Bodwell Usher 
 and iiill, coustiiutionuUy entitled to retain Iheir seats / ' ' 
 
 rr .1 r- /- >r • Cambridge, Feb. 15, 1830. 
 
 Uo the Governor of Maim : ' 
 
 Your coicmunieation, bearing date the 13tli inst. addressed lo the Justices of 
 tlie hupreme Judicial Comi, was received tliis forenoon. I have examined the 
 several facts It contains wiiu such hghts as my present situation aflords and 
 avail myself o tne earliest opportmuly of ans>vering the several (iuesti.>ns vou 
 have proposed, growing out of tlio,e facts : in doing which, some allusion to a 
 part ol mem seemed nece.-sury, a. explanatory of tlie grounds of my opinion 
 
 As to lUi.- jirst quesUon, iii\ opinion is that a less number tlian twenty Senniora 
 can form "me Senate:" b, c.u e the Con.titntion declares that a i.iajonty of 
 tliat number Bhall con-ftute a .,uonim for doing bu -mess : toat is, such business 
 as the Scale const.iutionuliN ,xu. In tin., sense 1 ap|.reheiid the term is us.-d in 
 the Consli,mi..n : and m liiis sen-e tlie words " the .Senate" are certainly em- 
 ployed J.1 Uie Jir«t hue ot Uie second paragraph in your comniuiiication. 
 
i^t» APPENDIX. 
 
 As to tlje second qtipstion my opinion is, that while the President of the Senate, 
 in vir.tue of Jiis on'icn, a.3 sn.'li, is clothed with tlic power of exercising the office 
 of Governor, he has no right to preside over the Senate or vote as a "member of 
 that body. 
 
 As to the third question, I would respectfully observe that it is one which 
 seems to me to he more proper for the Senate than for the Judiciary to decide. 
 It may, and probably does in some measure depend on the rules and regulations 
 of the Senate, as a deliberative body, with wliich the Court are not acquainted. 
 But in further reply to this question, as the facts out of which it grows are pre- 
 sented also for consideration, I deem it proper to remark, that it appears from 
 them that the question on which the President of tiie Senate voted oi; die second 
 of February, was merely a question of adjournment : a question wliich had not, 
 and could nut have any effect or influence as it respects the constitutJonalit}' or 
 nncoDstilutionality of the convention on that day for the purpose of supplying 
 vacancies in the Senate. 
 
 As to the fourth question, my opinion is that a member of the Senate who has 
 hee\i duly elected and declared so to have been by iha proper tribunal cannot be 
 deprived of his seat in any other way than by a vote of expulsion, two thirds 
 concurring. But the Court have already decided, that the Convention, by the 
 major vote of which the four persons, whose claims are in •i-'-stion. were chosea 
 as Senators, was not constitutionally formed, or in other vi-ords, in repl3' to the 
 questions proposed to thein, they have decided that a convention iifrhe Senate 
 and House of Representatives could not be constitutionally formed for the pur- 
 pose of supplying deficiencies 'n the Senate, without a concurrence of the two 
 branches ; and that a convention, formed without such concurrence, and before 
 certain preparatory proceedings were had by the Senate, could not constitution- 
 ally proceed to fill vacancies. 
 
 I do not perceive by the statement of facts beforementioned, that any vote of 
 concurrence was passed by tlie .Senate .as to forming ihe Convention ; or that, 
 before it was formed in the manner stated, any vote had been taken, ascertain- 
 ing the deficiencies that existed, but only that the Senate refused to accept a 
 report of a committee as to the choice of two Senators in the county of York. 
 The Constitution has provided only two modes in wiiich Senators can be elected 
 —one by thei qualified voters of the Districts for which they are respectively 
 chosen — the other by a Constitutional Convention of the two branches. It is 
 true, the Senate are authorized and directed to examine the returns, to ascertain 
 who are elected : and in so doing they may in many cases settle tiie question 
 and arrive at conclusions different from those drawn by the Governor and Coun- 
 cil from an inspection of the returns of votes ; but still, in this process they do 
 not elect Senators, but only ascertain and decide whom the qualified voters have 
 ulecied.. But they cannot by their votes or proceedings give vahdity to an elec- 
 tion of Senators by a Convention unconstitutionally formed, and clothe them 
 with the qualifications, rights and powers of Senators constitutionally chosen. 
 To lemove doubts, as far as in my power, I have perhaps, given abioader 
 answer than was necessary ; but I hope it may not prove unprofitable. 
 
 From the facts now before me, I perceive no sufficient reason for giving an 
 opinion respecting the unconstitutionality oC the Convention, difiereiit from that 
 which the Court have recently given. The result is plain that the four persons 
 were unduly elected by the Convention, and by that election acquired none of 
 the rights of Senators, 
 
 As to the fifth question, it seems <!*6ar to my mind, that according lo the view 
 I have taken of the subiect, tlie Senate is the only tribunal constitutionally au- 
 thorised to decide it. The returns of votes are before them, subject to their 
 examination ; and their decision v:pcu them, and their consequent proceedings 
 will, of course, be in accordance with the Constitution, as understood and con- 
 strued by the Court in their opinion delivered in answer to your questions, la 
 connection with their former opinion respecting the constitutionality of the Cti: 
 vention and its proceedings. 
 
 All which is respectfully submitted. ~ , >-i 
 
 PRENTISS MELLEN, Chief Justice of S . J. C. 
 
 The underBigned concur in the fore,^oing OP';;^^^ jj^^^ WESTON, Jun'f 
 
 A. K. PARRIS. 
 
 ERRATUM — Page 81, tea lines from the bottom, for fortnoon read t./lemeoit.