Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1875-05-20
TIE VIEW HAMPSHIRE OTTRIGE


The protest of Mr. Bolivar Lowell, one of the
Executive Council of New Hampshire, presents
the action Of Governor Weston and his democrat
c associates in regard to the election decided
by them in a manner that will create interest out
side Of the State In bis protest Mr.. Bolivar
says
| The undersigned, Councillor for District No. T.,
respectfully protests against the action OF the tov
ernor and Council in reference to the returned
copies of records of the votes for Senators counted
and declared by the Modcrators in Senatorial Dis
tricts Nos. , and (. The Thiry-third Article of
the Constitution makes it the duty ofthe Governor
and Council to examine these copies, and the Gov
to issue his summons, notifying such persons
as appear by these copies TO be chosen Senators by
a majority Of the votes, of the fact of their cleo
ton, apparent upon those copies. and of their con-
sequent right to attend and take their seats
Neither the Governor nor the Council, in making
such examination of true copies OF the records OF
the votes counted aud declared by the moderators,
| nor the Governor in sending notice, have any ju
| risdicton authority to throw out, set aside,
overrule or disregard the Town Clerks correct re-
turns of these votes or to do anything more than
ascertain by accurate mathematical computations
| of these returns what persons have a majority OF
the votes and give notice accordingly. The power
of the Governor and Council on this subject is
plainly defined and limited by the Constitution of
New Hampshire, and settled by the uniform prac-
uce OF former NOVeIDOrS ana councillors anu Dy
unanimous decision of the Supreme Court of the
State, given in answer to questions proposed to
the Court by the Governor and Council in 1873 !;
| the undersigned therefore respectfully protests
| against the proceedings of the Governor and
Council in reference to Senatorial lists Nos. and
First-Because said proceedings unconsti-
tutional and void the appointment Of Senators by
the Governor and Council is a usurpation of that
power of filling vacancies which is conferred up
d. I,,. a..
fourth article of the Constitution, usurpation of
that power Of being the judges of the election of
their own members which is conferred upon the
Senate by the Thirty-ffth article Of the Constu
ton, and an attempt to nullify the last election
and to retain branch of the government in the
hands of party from whom the people have de-
cided it shall be transferred.
Second-Because the tendency of such revolu-
tionary proceedings is to cast reproach upon the
cause of free government, shake the confidence
of mankind in the stability of American institu
tions, excite luminosity and instgate strife among
| q peaceable and orderly people, and bring upon
them a danger of dsorganizaton, anarchy and vi
olence, from which other republicans and other
parts of this republic have suffered much, but
from which New Hampshire has hitherto been SO
happily exempt.
Third, because the proceedings not only cndan-
ger the present peace prosperity and safety OF
this community, but are of evil example, tend to
impair the strength and credit of the country, and
ious at this critical period, when the nation is
covering from the disastrous effects of an insur
rection.
Fourth-Because if such usurpatiou is endured
and the leaders of the minority allowed thus to
keep themselves in power against the will of the
people, our system Of Government is overthrown
and dissolved; elections, having no effect, are
abandoned and we pass under the dominion OF
chiefs maintaining their tumultuous and conflict
ing ascendency by fraud and force.
Yba tufInn mol pba
Of said proceedings is acknowledged, and the Pc
culiarly fragrant and aggravated character of the
discord and disorder threatened by them is shown
by the refusal Of the Governor and Council to ask
the present Court whether they entertain doubt
of the soundness of the opinion given the Govern
and Council by the Court, two years ago, this
refusal is shown by the following facts On May
49, the Council passed vote that the questions in
vos ed in Senatorial elections be referred to the
Superior Court providing that an opinion could be
obtained before the 18th otherwise to obtain such
advice as the circumstances would admit. 1t was
then made the Governors duty to use every eff
fort to obtain the opinion of that Court. The Gov
ernor visited Chief Justice Gushing at his home at
Charestown ON the day following the passage of
the VOTE and he reports to the Council that it
is mpractcable TO obtain the opinion Of the Court
at the specified time. 1t is in evidence before the
Council, however, that Judges Ladd and Smith
have not been called on for their opinion by the
Governor, nor asked by him the Chief Justice
to come together for consultation on the subject.
1t is also in evidence that there would have been
no difficulty in securing the attendance of the
whole Court for the purpose Of considering the
question. 1t is also in evidence before us that
Chief Justice Gushing, the day after the interview
of the Governor with him, stated that the opinion
of the Court had not been required and there was
no question before them. 1t is further proved be-
fore the Council that on May IA. the counsel for
General Head and Todd communicated with each
of the Justices and with the Governor, the Hon.
Harry Bingham, Judges Sawyer and Fowler, the
counsel for Priest and Proctor, asking for hear
ing in the case, expressing their willingness to
agree to any time for hearing and agreeing to
waive every possible objection that might be
raised on the score of trial in Court, q sum-
mons of the Governor to the Senators elect.
Moreover the Constitutional provision that the
Governor shall issue his summons to Senators who
appear to be elected by the returned copies at
least fourteen days previous to the first Wednes-
day in June is directory, only, and therefore the
validity of summons could not be az
fccted by its being issued at any later day previ
Gus to the first Wednesday of june In view of
these facts the undersigned submits to the Coun-
Gil and people Of the State whether any fort has
been made in good faith to obtain the opinion of
the Court, and whether the whole procedure does
not amount to a refusal to submit the question to
decision of that tribunal, and add to that refusal
plain attempt to deceive and defraud the people
and the parties in interest by pretended subms-
sion, when every thing indicates determination
to avoid it.
Sixth-Because if even the Governor and Coun-
Gil have Judicial authority to do anything more in
these cases than to make an accurate computation
of the votes returned and counted and declared by
the moderators and give notice thereof, Mr..
Priest and Mr. Proctor could not on any ground
be considered as elected.
(Signed) BOLIVAR LOWELL.
Councillor for District No ".