made void, or his seat declared vacant, who shall have received a majority of the votes of his district, in cousequence of the neglect of the town clerk to make a true return of the votes, or of a want of a formality, or any error in the return itself. The returning officer, for such error or neglect makes himself liable to prosecution and may be held responsible for the penalty, but the people should not thereby be deprived of their choice, nor the person receiving a majority of votes, be depriv ed of his seat in consequence. It could never have been the intention of the framers of the Constitution to place within the hands of the returning officer, the power to defeat the choice of the people, as is manifest from that clause of the Constitution which makes the Senate final judges of the returns, as well as of the qualifications of its menbers, such a practice is not only not warranted by the letter of the Constitution but is at war with the very spirit of our institutions; subversive of the rights of the people and tending to great abuses and corruption. With these general views of the subject and believing it the duty of the Senate to carry fully into effect the voice of the people of District No. 6, as expressed by their votes on the second Tuesday of March last,-this report and the a companying resolution are submitted for the consideration of the Senate. CYRUS BARTON, for the Committee. Resolved, That Warren Lovell, having received a majority of the votes cast for Senator in District, No. 6, is duly entitled to a seat in this body. On motion of Mr. Corbin Resolved, That the foregoing resolution be adopted. Resolved, That the returns of votes for senators in the several senatorial districts in this state be referred to a select committee of three with instructions to examine and cast the same, and report to the senate, whether any vacancies exist, and if so, in what senatorial districts. Ordered, That Messrs. Carr, Blodgett and Corbin be said committee. A message from the House of Representatives by their clerk "Mr. President,-I am directed to inform the senate, that the House of Representatives are now ready to meet the senate in Convention to proceed in the elections agreeably to the prov ions of the Constitution." And he withdrew. On motion of Mr. Barton Resolved, That a committee consisting of one be appointed inform his Excellency the Governor and the Honorable Counc that the senate have had under consideration the case of the election in senatorial district No. 6, and find that Warren Lovell, Esq. of Meredith is duly elected, and entitled to a seat in this body.co Ordered, That Mr. Barton be said committee. On motion of Mr. Carr Resolved, That the Senate will now meet the House of Representatives in convention. IN CONVENTION. The Senate and House of Representatives being met in convention in the Representatives' Hall, the secretary of state came in and laid before the convention the returns of votes for Governor from the several towns and places in this state; and also the returns of votes for counsellors in the several counsellor districts in this state. On motion of Mr. French of the House of RepresentativesThe convention proceeded to open, read and count the votes for Governor from the several towns and places in this state, and completed the same. On motion of Mr. Farrington of the Senate Resolved, That the returns of votes for governor be referred to a select committee of three with instructions to compare and cast their numbers, and report to the convention thereon. Ordered, That Messrs. Farrington of the Senate and Vose and Locke of the House of Representatives be said committee. On motion of Mr Rogers of the House of Representatives, the convention rose, and the Senate returned to their chamber. IN SENATE. A message from his Excellency the Governor by the Secretary of state. “Mr, President,-I am directed by his Excellency the Governor to introduce to the senate the Hon. Warren Lovell, who has taken and subscribed the oath of office as senator for district No. 6, agreeably to the provisions of the constitution. Whereupon the Hon. Warren Lovell was introduced to the Senate and took his seat. THURSDAY, JUNE 6, 1833. The Senate met according to adjournment. Mr. Carr from the select committee appointed to examine and cast the votes given in the several senatorial districts in this state, reported, "That they had attended to that duty and that from an examination of the returns made to the Secretary's office in compliance with the regulations of the constitution, it appears, that there is no election of senator in one senatorial district only. In district No. 9, it appears that the whole number of votes given and duly and legally returned is 2378 of which Nathan Wild has Levi Chamberlain Barton Skinner Samuel W. Patrick On motion of Mr. Carr 1141 1089 141 1 2 1 and 3 Resolved, That the clerk inform the House of Representatives that there is a vacancy existing in senatorial district No. 9, and that Nathan Wild and James Wilson, jr. are the two highest candidates. A message from the House of Representatives by their clerk: "Mr. President,-I am directed to inform the Senate that the House of Representatives are now ready to meet the Senate in convention to proceed in the elections agreeably to the provis ions of the Constitution." On motion of Mr. Lovell Resolved, That the Senate now proceed to meet the House of Representatives in convention. IN CONVENTION. On motion of Mr. Carr of the Senate The convention proceeded, by ballot, to fill the vacancy in senatorial district No. 9. Whereupon it appeared that the whole number of votes given, was Necessary for a choice, James Wilson, jr. had clared duly elected to fill said vacancy. 218 107 44 and 169 was de On motion of Mr. Harvey of the House of RepresentativesThe convention proceeded to open, read and record the returns of votes given for Counsellors in counsellor districts Nos. 1,2, and 3, and completed the same. On motion of Mr. Wilcox of the House of Representatives, the Convention rose, and the Senate returned to their chamber. IN SENATE. On motion of Mr. Corbin The Senate Adjourned. AFTERNOON. The Senate met according to adjournment. A message from the House of Representatives by their clerk: "Mr. President,-I am directed to inform the Senate that the House of Representatives are now ready to meet the Senate in convention to proceed in the elections." On motion of Mr. Carr Resolved, That the senate will now proceed to meet the House of Representatives in convention. IN CONVENTION. The Senate and House of Representatives being met in convention in the Representatives' Hall : On motion of Mr. Carr of the Senate The convention proceeded to open, read and record the returns of votes given for Counsellors in Counsellor districts Nos. 4 and 5 and completed the same. On motion of Mr. Ingalls of the House of Representatives Resolved, That a committee be appointed to receive the returns of votes for Counsellors; compare and cast their numbers, and report thereon Ordered, That Messrs. Lovell of the senate, Wallace and Batchelder of the House of Representatives be that committee. Mr. Farrington of the senate, from the committee appointed to receive the returns of votes for Governor, compare and cast their numbers and report thereon, made the following REPORT. "That the committee have attended to the duty assigned them that the whole number of votes legally and constitution ally returned are Necessary for a choice Votes estimated as scattering & Samuel Dinsmoor has and is duly elected. 33476 16739 1240 3959 28270 In the above estimate, your committee have not included the votes from the towns of Newington, which were for Samuel Dinsmoor 69. Arthur Livermore 8, and Winthrop P. Hoit 1. Marlborough, for Samuel Dinsmoor 50, Arthur Livermore 1, the returns not having been sealed up-Ellsworth for Samuel Dinsmoor 45-it not appearing by the return that the record had been made by the town clerk-Your committee find no returns from the following towns and places, Dama's Gore, Cambridge, |