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manifest purpose of the last named senators to attempt an organization of the senate with said Priest and Proctor illegally acting as members thereof, we do now, as the only effectual method of resisting a palpable wrong and usurpation, decline to participate in any such organization, and, in effect, revolutionary, and we hereby move and demand that this protest be entered of record by the clerk, to whom it is now tendered.

JEREMIAH F. HALL,

CHARLES HOLMAN,

GEORGE A. WHITNEY,

JOSHUA B. SMITH,

GEORGE H. STOWELL.

On motion of Mr. Priest of No. 2, the senate proceeded to the choice of a president, by ballot, with the following result: Whole number of votes cast was And Hon. John W. Sanborn had

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And Hon. John W. Sanborn, having received a majority of all the votes cast, was declared elected president of the senate. And the chair appointed Mr. Priest of No. 2 and Mr. Whitney of No. 9 to conduct the president elect to the chair.

On assuming the chair the president addressed the senate as follows:

Senators:

For this expression of the confidence you have reposed in me by electing me as your presiding officer, I tender to you my most grateful acknowledgments. I am fully aware that the position you have assigned me is an important and responsible one; and, inexperienced as I am in the practice of presiding in deliberative assemblies, I can only hope to succeed through your kind forbearance and friendly aid.

It is not generally considered that the interests of the state now require any great and important changes in our statutes; but, remembering that we meet, as legislators, to discharge the duties of a high and sacred trust, we cannot forget the responsibility of our positions. The people are everywhere demanding a more strict economy in the administration of state and national affairs; and although bold innovations and ill-considered enactments, followed by expensive litigation, are frequently the results of hasty legislation, still our session should be as brief as possible, consistent with the proper transaction of the

necessary business. There is more danger from too much than too little legislation.

Special enactments too frequently occupy the time that should be devoted to the consideration and improvement of general laws. We should endeavor to legislate for the whole people, without regard to party policy, and a due regard in each for the opinions of others is at all times necessary to the adoption of such measures as will be conducive to the general prosperity of the state.

Let us enter at once upon the work before us, resolved to complete it at the earliest practicable moment, realizing that every day this session is prolonged adds to the expense of a heavily taxed people, whose servants we are, and to whom we are responsible for all our public acts.

Again thanking you for this testimonial of your kind regard, I accept the office to which you have elected me, pledging you an honest and earnest effort to discharge its duties faithfully, impartially, and in a manner to merit the honor it confers; and I now await your pleasure.

On motion of Mr. Martin of No. 3, the senate proceeded, by ballot, to the choice of a clerk, with the following result:

Whole number of votes cast was

And Thomas J. Smith had

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and Thomas J. Smith, having received a majority of all the votes cast, was declared elected clerk of the senate.

On motion of Mr. Weeks of No. 11, the senate proceeded to the choice of an assistant clerk, by ballot, with the following result:

Whole number of votes cast was
And Albert S. Batchelder had

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and Albert S. Batchelder, having received a majority of all the votes cast, was declared elected assistant clerk of the senate.

Thomas J. Smith, clerk elect, and Albert S. Batchelder, assistant clerk elect, appeared, signified their acceptance of the offices to which they had been elected, and were duly sworn to the faithful discharge of the duties thereof.

On motion of Mr. Weeks of No. 11, the senate proceeded by

ballot to the choice of a door-keeper, with the following result:

Whole number of votes cast was
And Dudley P. Evans had

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and Dudley P. Evans, having received a majority of all the votes cast, was declared elected door-keeper of the senate.

Thereupon Dudley P. Evans appeared, signified his acceptance of the office of door-keeper, and was duly sworn to the faithful discharge of the duties of the same.

On motion of Mr. Priest of No. 2, the following resolution was adopted:

Resolved, That the secretary of state be requested to furnish the senate the official returns from the various senatorial districts of the state.

And, subsequently, the Hon. William Butterfield, secretary of state, appeared, and presented the returns of votes for senators from the various senatorial districts, as returned to his office.

Mr. Weeks of No. 11 moved the following resolution, which was adopted:

Resolved, That the returns of votes in the several senatorial districts be referred to a committee of three, with instructions to examine and count the same, and report to the senate whether any vacancies exist, and if so, in what senatorial districts.

And the President appointed Messrs. Weeks of No. 11, Hall of No. 1, and Martin of No. 3, as such committee.

Mr. Weeks of No. 11 moved the following resolution, which was adopted:

Resolved, That the House of Representatives be informed by the clerk that the senate has assembled, is organized by the choice of Hon. John W. Sanborn, president, Thomas J. Smith, clerk, and Albert S. Batchelder, as assistant clerk, and Dudley P. Evans, door-keeper, and are ready to proceed with the business of the session.

On motion of Mr. Priest of No. 2, the senate adjourned to meet at three o'clock this afternoon.

AFTERNOON.

Mr. Weeks of No. 11, for the select committee to whom was referred the votes for senators in the several senatorial districts, having attended to their duties, and having examined the returns made to the secretary of state, as well as the records in the office of said secretary, submitted a report,

Which, on motion of Mr. Priest of No. 2, was recommitted for the purpose of amendment.

Mr. Weeks of No. 11, for the select committee to whom was recommitted the report and the votes for senators in the several senatorial districts, having attended to their duties, submitted the following report, which was accepted and adopted:

Your committee find the state of the vote returned in the several districts to be as follows:

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The committee find that the votes cast and returned for Natt Head, numbering 3,771, should be rejected, on the ground that

they were intended to be cast for Nathaniel Head of Hooksett, and did not contain the full Christian name of the candidate voted for; that one vote cast and returned for Joseph Pettigrew should be rejected, on the ground that Mr. Pettigrew is not, and was not at the last election, a resident of said district; that two votes cast and returned for Arthur Deering should be rejected, on the ground that Mr. Deering is not, and was not at the time of the last election, a resident of said district, and had not then been a resident of the state for seven years immediately preceding; and that those votes returned as scattering be also rejected, as not being votes duly returned; and that James Priest, having received a majority of all the votes legally cast and returned in said district, is elected.

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That the votes cast and returned in said district for Arthur Deering should be rejected, on the ground that Mr. Deering has not been a resident of the state for the seven years next

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