Portland gazette and Maine advertiser., 1806-06-16

The minority OF the Senate, On the que!-
tion to accept the report of the ioint commit.
tee, on the gubernAtorisl returns, this dry Of
fered TO the Senate the following protcff
which they moved should be entered on the
journals.
PROTEST.
WE, the undersigned, members
OF the Senate Of the Commonwealth
Of Mafachuletts, 90 hereby protect
againft the acceptance Of the report
or Joint committee appointed to
examine TIE returns Of votes for
governor and heutenaut-governor of
the iaid Commonwealth, and aeaina
the proceedings Of the Senate there
on, for the following rea(ons g.
Becauie It is provided BY the con-
ltitution Of this Commonwealth, that
the returns Of vctes for governor &
iIeutenant-govcruor, received In open
town-meeting, and fealed up in pre-
ience OF the inhabitants, attetted by
the felectmen and town-cierRs Of the
ieveral towns, and tranfmitted to
the office Of the lecretary Of the Com
monwealth, feyenteen days, az leait,
before the lait Wednelday in Nav,
annually, are the only evidence of
the election of thofe officers, which
The Legislature is competent to re-
ceive or examine. Yet it appears
from the report Of the committee,
and from the ltatements OF one OF
its members, that they did receive /
and examine evidence both written
and oral, other than faid returrs, and
have admitted luch evidence in lome 4
initances to vcryfy and in others to-
invalidate laid returns.
Becaufe this unconiiiutionai and
unprecedented proceeding Of the
committee now adopfed by the Scn-
ate, amounts to grois and iiagrant
violation of the rights Of the people,
and transfers from them to the Lr-r
giflature the electioH Of a governor,
although choice has been made by
the people. ,d
Becaufe it was rnanifcfiy the OBJ,
ie6t of the contribution 70 provide fors-
perfect organization Of the govern
ment at the earliea poGible period
after the commencement Of The pc-,
litical year, and to prevent any fuf--
pentiOn Of the executive power by
vacancy in that department. ;-and
this wife proviGon has been hitherto
efe6tually enforced by the uniform
adherence Of our rredecefors % the
rules of evidence, cttabliihed by the
contribution, from the time Of It's
adoption But the bold and Danger
Gus innovation now attempted, tends
to procraitinate the declaration Of the
choice Of governor to lale and in
definite perio4 Of the political year,
and to effect vacancy III the Office
of chief magiltrate, whenever the
fpirit Of intrigue or faction fhall be-
come predominant in either branch
Of the Legislature. Ifother evidence
than the returns lpecihed in the COM
ititution may be examined, no lim-
its can be prefcribed % it. If it be
competent to a committee to receive
teitimony relative to the elections Of
towns in the vicinity Of the feat of
government, il is not leis their right
and their duty to fcrutinize the votes
and proceedings Of towns the mott
remote. To this power IS incident
the right of tending for perfons,
books andI paPers.-Parties mutf bc
heard wi,ncfes mutt be confront
ed and fcenes Of diigraccfBI fhife
and contention will enfne while the
executive functions are infpepded,
and the whole fyitem Of government
is Of coniequence impsded and Gnal-
ly involved in confuiion and ruin.
Becaufe it rejects the votes of the
town Of Jasboro4gb for Caleb Strong,
merely for the accidental ominion of
the letter &, the naoe beng fpe.t
Sfron and il alfo rejects the votvs
Of Da0ifo4On, for Catb Sfysag, fcr
the omifIion Of the lcttett, the uanc
being fpelt Sroag whereas thciebz-e !
ing no perfon in this Commonucalth
known by the name Of Calr5 S,org,
the prefumption is irre6itahIe, that