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FOR THE YEARS 1829-30.



The election in this State had been House of Representatites, Jan. 29, 1830. warmly contested, and at the meeting of

Whereas, the legislature of this state, the Legislature

on the first Wednesday assembled on the first Wednesday of of January, 1830, an extraordinary, con January, 1830, and the house was or. test took place. A majority of all the ganized by the choice of speaker and votes given is necessary for a choice, Clerk on the third day of the session, and but where a vacancy exists in the Senate in consequence of no candidate business ; but the senate was not organ

was then ready to proceed on the public having a majority, it is filled by an elec- ized by the election of a president and tion of the joint ballot of both houses.- secretary, till the eighth day of the sesThe Governor is also chosen by the sion. And whereas,

on the ninth day of legislature, from the two highest candi- the session, a committee was appointed dates, where neither has a majority:- by the senate to report on the election of According to the returns of the

election senators, which committee did not rein 1829 the votes for governor stood for

port until the twentieth day of the sesJonathan G. Hunton,

23,315 sion, and which report was not finally Samuel G. Smith,

22.991 disposed of till the twentysecond day of Scattering,

245 the session. And whereas the constituMr Hunton who was the opposition tion manifestly contemplates an organicandidate, thus had a clear majority, but zation of all the branches of government, the candidates returned to the Senate at an early day after the meeting of the were equally divided between the two legislature, and yet we present the sinparties, and until that body agreed to gular and unparalleled spectacle of havineet in joint convention, the votes for ing spent twentyfour days in sessionGovernor could not be declared, no have a president of the senate of last council chosen, nor the vacancies in the year, claiming to act as governor, when Senate filled. In the House the opposi- it is evident a governor has been electtion had a small majority and having ed hy the people--the vacancies in the elected a Speaker and organized the senate not filled, and no councillors for House, it intimated its intention to go the present year chosen. into convention to organize the govern And whereas the constitution provides ment of the State. The Senate howe. that the members of the house of reprever did not think proper to meet in con- sentatives and such senators as have vention, although the opposition (or an- been elected, shall in the manner thereti-Jackson) party voted with its whole in prescribed, · elect by joint ballot the force on various motions to bring on a number of senators required.' And meeting, the other party was enabled by whereas it appears by the records of the an equal vote to neutralize all attempts governor and council, that on the ninth to organize the government. This state day of December last, the votes for sen. of things continued from the 6th untilators in the senatorial districts were the 29th of January, when the House counted, and that sixteen senators were by a vote of 74 to 66 passed the follow. elected, and that there were three va. ing resolution.

cancies in the district of York, and one


in the district of Washington. And is unwarranted by the constitution, and whereas, it appears by the report above any election made by such convention is mentioned made to the senate, and the void, and can give no right to any indivotes and proceedings of that body on vidual so elected to a seat in the senate, the same, as is proved by their journal, or to take part in the acts of the senate; that the full number of senators to be it being the exclusive right of the senate elected from each district, have not been alone to judge of the elections and qualiso elected. And that the senate have fications of its own members, and the refused, on a motion made for that pur senate being, therefore, the only constipose, to send a message to this house, tutional tribunal to decide upon the leproposing to elect by joint ballot the gality or illegality, of the returns of votes number of senators required by the con for senators. Therefore, stitution, according to the usage which Ordered, That a message be sent to has heretofore prevailed in such cases. the acting governor and council, that

In consequence of which, no other al- they may have notice that the senate ternative seems to be presented, but that have not concurred in the election of any the public business shall be lett undone, persons to fill any deficiency which may the wheels of government stopped, and exist in the senate.' the constitution prostrated, or, this house The convention was protested against must proceed, in the mode prescribed by as well by eight members of the senate, the constitution, to have the vacancies in as by nearly 70 of the house of representhe senate filled, the councillors chosen, tatives and these latter retired when and the votes for governor declared and they found that the majority would pro published, the public business of the ceed to do the business for which they State despatched, and the just expecta- had assembled. sions of the people fulfilled. There The judges of the supreme court fore,

having decided that Mr Hall, president Orilered, That a message be sent to of the senate, was the acting governor, the senate requesting such senators as the anti-Jackson party in that body behave been elected, to meet the members

came the majority, (before the two parof this house in the hall of the house of ties stood 8 and 8) and, having passed a representatives,

and elect by vote permitting the three (anti-Jackson) joint ballot the number of senators re senators from the district of York to required.

tain their seats, a motion was made to P. S. When this order' was pre- reconsider the yote by which the senate sented to the senate-8 members were

had rejected the report of the committee for going into convention, and 8 against

on the suffrages for governor, and to acit. The first eight, however, left the cept the said report as amended. This other eight to join the house, and parti. motion was carried, ayes 11, noes 7.cipate in the election of four persons to As the report had been previously acfill the vacancies in the senate. The cepted by the house, Jonathan G. Hurfirst eight met in their chamber in the

ton was declared to have been duly afternoon, and none of the other eight elected governor of the state. being present, proceeded to elect a new

The legislature having thus organized president for themselves, or for the sen. ate as the case may be. The old secre

the government, on the 'th of February tary refused to give up the papers,

the two hopses of the legislature met in

convention to elect councillors, secreThe following is the protest of the tary, and treasurer of the state. 'Anoreight members of the senate who re

der was speedily presented, seiting forth mained in their seats, as above

that the three senators who had recently, Whereas a part of the members of taken their seats, had not been duly and the senate have withdrawn from the constitutionally elected, and therefore senate board without the consent of the could not vote in the convention, &c. senate, for the ayowed purpose of meet. This order was declared to be out of ing the members of the house of repre- order,' by the chair ; but an appeal be sentatives in convention to fill deficien: ing had, the decision of the chair was cies in the senate, which have not been confirmed, 87 to 76. A protest against ascertained by the senate, and when this decision was then offered, signed by the constitutional candidates have not 68 members of the House and s of the been designated by the senate for filling Senate ; which was directed to be placed deficiencies, if any exist, and without the on the journals. The convention then concyrrence of the senate to such con, proceeded to elect councillors, &c. The vention—and whereas such a procedure whole number of yotes present was 160;

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