divided the Republican leadership, moved to amend by striking out all after the word "Resolved," and inserting "That the House do now proceed by ballot to the choice of a clerk."

With such a narrow margin of majority, and that made up by such a combination, the Democratic leaders, with Mr. Bingham at their head, did not propose to take the risk of a secret vote. They proposed to fight the matter out in the open, and elect the clerk and assistant clerk in the customary way-by resolution; but the Republicans resorted to a protracted course of "fillibustering" to delay action and prevent a vote, and it was not until the afternoon of the following day that the House, after every expedient that the minority leaders could devise had been resorted to for obstruction and delay, was finally organized and ready for work. Even then the defeated party was unwilling to permit the work of the session to proceed without obstruction, and another season of fillibustering, characterized by all sorts of dilatory motions and roll calls, designed simply for the consumption of time, was indulged in to delay the meeting of the two branches of the Legislature in joint convention for filling the senatorial vacancies and canvassing the vote for governor, so that it was not until Saturday, or the fourth day of the session, that such convention was held; nor was it until the senatorial vacancies were filled that the Senate itself effected a permanent organization, the ten surviving senators elected by the people being evenly divided between the two leading parties. These vacanacies were filled by the choice of Capt. Daniel Marcy of Portsmouth, the Democratic candidate for the First District, and Alvah Smith of Lempster, who had received four votes at the polls, as the candidate of the Labor Reformers, in the Tenth District, and was supported by the Democrats in the Legislature in preference to Albina Hall of Grantham, the Republican nominee, especially in view of the fact that he had been interviewed in the Democratic interest, and had given it to be understood, at least, that in case of his election by Democratic votes he would be found acting with the Democratic party in the Legislature.

James A. Weston, of Manchester, who had received 34,799 votes at the polls, was elected governor by the convention, by a

vote of 167 to 159 for James Pike of South Newmarket, who had 33,892 votes at the polls.

Beyond the control of the organization of the two branches of the Legislature, and the election of governor, however, the Democrats were unable to accomplish anything during the session. The general removal of state officials and reorganization of the judiciary, that had been planned, was not carried out, from the fact that at the opening of the second week of the session, his former associates in the Republican party got control of Senator Smith, and beyond voting for the removal of one or two county officials, he persistently refused to coöperate with the men by whom he had been elected in carrying out their proposed plans of "reform."

It is proper to say that it was against Mr. Bingham's judgment that any arrangement was made or attempted with Mr. Smith, or that he was chosen as senator at all, and it was only at the earnest solicitation of party associates that he refrained from active opposition, in the convention, to an election of senator to fill the Tenth District vacancy at the time when it was proceeded with. It was his view that there was sufficient ground for doubt, as to the eligibility of Mr. Smith under the Constitution to warrant formal inquiry at least, and that, having filled the First District vacancy and secured an actual and positive majority, the safest and most politic course for the Democrats to pursue was to go ahead with the majority assured, without taking any chances with an uncertain quantity, such as the election of Mr. Smith would introduce into the situation, notwithstanding any promises, express or implied, which he might have made in the course of the negotiations which had been carried on with him, or which, at all events, were understood to have been made. The outcome proved Mr. Bingham's judgment to have been sound, and his view as to the proper course to pursue in order to insure partisan advantage for the Democracy to have been correct. The control over Senator Smith, eventually secured by the Republican leaders, left the Senate again evenly balanced on partisan questions, and nothing of any importance in any direction was done during the session.

Mr. Bingham was chairman of the judiciary committee of the

House, at this session, as a matter of course, his associates being Messrs. Chase of Northfield, Nesmith of Franklin, Fowler of Concord, Burrows of Plymouth, Page of Concord, Wadleigh of Milford, Hackett (William H.) of Portsmouth, Cogswell of Gilmanton and Blodgett of Franklin. Mr. Bingham was also named as chairman of the committee on national affairs, which was first made one of the regular standing committees of the House in 1869, which was the last year in which the veteran legislator, William H. Y. Hackett* of Portsmouth, was returned to the House, and he was assigned to its chairmanship, to be followed in such position in 1870 by the venerable Gen. James Wilsont of Keene, who was also a member of the House, for the last time, in 1871, and held membership upon this committee.

In the session of 1872, when his colleagues from Littleton were the same as in the previous year, Mr. Bingham was again assigned to service on the committees on the judiciary and national affairs, but the Republicans having regained power, elected a majority of the members and organized both branches of the Legislature, the chairmanships were, of course, bestowed

*William Henry Young Hackett, a native of Gilmanton, born September 24, 1800, died at Portsmouth, where he had practiced law for more than half a century, August 9, 1878. He was educated at Gilmanton Academy and studied for his profession with the famous Ichabod Bartlett. He attained a high standing in his profession and was active and prominent in public life, serving in the House of Representatives in 1851, 1852 and 1853, in 1857 and 1860; in the Senate in 1861 and 1862, being president the latter year and in the House again from 1867 to 1869 inclusive. His son, the late William H. Hackett, long-time clerk of the United State courts in this state, also served many years in the House, cotemporaneously with Mr. Bingham. Hon. Wallace Hackett of the Legislature of 1909 is a grandson.

†Gen. James Wilson, a son of James Wilson, a noted lawyer of Peterborough, was born in that town, March 17, 1797. He removed to Keene with his father, in youth, and was there educated, studied law and engaged in practice, gaining high standing as an advocate, and also as a Whig campaign speaker. He was widely known as "Long Jim Wilson" and was a prominent figure in the famous "Hard Cider" campaign of 1840. He served many years in the Legislature and was speaker of the House in 1828. In 1847 he was elected to Congress and reëlected in 1849, but resigned the following year and went to California where he remained many years, but ultimately returned to Keene, and was there elected to the Legislature again in 1870, and reëlected in 1871. He was prominent in the state militia in early life, and attained the rank of major general.

upon members of that party. Asa Fowler* of Concord was the speaker of the House, receiving 208 votes to 138 for Thomas Cogswell, the Democratic candidate. Josiah H. Benton, Jr., was clerk and Samuel C. Clark of Gilford, assistant clerk. Bainbridge Wadleight of Milford was named as chairman of the judiciary committee, followed by Marston of Exeter and Flint of Concord, Mr. Bingham as the leading Democrat being given fourth place. The other members, in order, were Messrs. Weed of Sandwich, Burrows of Plymouth, Cogswell of Gilmanton, Farrar of Keene, Sulloway of Manchester, Albin of Concord, Smith of Newmarket and Blake of Fitzwilliam.

This session was a memorable one in no sense of the word. No legislation of special importance was enacted and no question came up involving any serious debate in which Mr. Bingham participated. As the Democratic leader he spoke, briefly, in two or three election contests and was heard in vigorous and effective protest, when, toward the close of the session, the majority leaders set out to smother all discussion to further final adjourn

*Asa Fowler, born in Pembroke, February 23, 1811, died at San Rafael, Cal., April 26, 1885. He was educated at Pembroke Academy and Dartmouth College, graduating from the latter in 1833. He studied law with James Sullivan at Pembroke and Gen. Charles H. Peaslee at Concord, and was admitted to the bar in 1837, commencing practice in Concord, where he soon became a partner with Gen. Franklin Pierce, with whom he continued several years, attending to the office work and preparation of cases, while General Pierce was conspicuous in the court room. Later he was for a short time senior partner with John Y. Mugridge, and also with William E. Chandler. He was clerk of the State Senate from 1835 to 1841, and a representative in the Legislature in 1845, 1847 and 1848, and again in 1871 and 1872, being speaker the latter year. He was an associate jusitice of the Supreme Court from 1855 to 1861; solicitor of Merrimack County from 1861 till 1865, and was appointed a member of the commission to revise the laws of the state in the latter year.

Bainbridge Wadleigh, born in Bradford, N. H., January 4, 1831, died at Boston, Mass., January 24, 1891. He was educated at Kimball Union Academy, Meriden, and studied law with Mason W. Tappan at Bradford, commencing practice in Milford before he was twenty-one years old. He early took an active interest in politics, as a Republican, and was chosen to the Legislature from Milford in 1856, again in 1859 and 1860, also from 1869 to 1872, inclusive. In the latter year his prominence as a party leader in the House made him a formidable candidate for United States senator and he was elected to that office, but failed of reëlection and upon the completion of his term he established his law office in Boston, where he had gained a most lucrative practice at the time of his decease.

ment at a certain fixed date. It may be noted that, at this session, Mr. Bingham attempted to secure an amendment to a bill which had been introduced increasing the salaries of the justices of the Supreme Court, so as to provide a salary for the attorney general equal to that of an associate justice.

In 1873, Charles A. Sinclair, a son of Hon. John G. Sinclair, and J. C. Goodenough were the associate members of the House with Mr. Bingham, elected from Littleton. The House organized for the session by the choice of James W. Emery of Portsmouth as speaker, Samuel C. Clark of Gilford, clerk, and Charles C. Danforth of Concord, assistant clerk. Cyrus A. Sulloway of Manchester, now and for the last fifteen years representative in Congress from the First District of New Hampshire, was chairman of the judiciary committee, ranking Gen. Gilman Marston of Exeter, who held second place, with Mr. Bingham third, and other members, in order, as follows: Weed of Sandwich, Burrows of Plymouth, Blake of Fitzwilliam, Sanborn of Franklin, Smith of Newmarket, Healey of Keene, Jewell of Laconia, Otterson of Nashua and Whitehouse of Rochester.

The only important measure of a partisan nature coming before the Legislature at this session was an act introduced by Mr. Bell of Exeter, subsequently governor of the state, providing for a "gerrymander" of the councillor and congressional districts of the state, which finally passed, though not without the earnest antagonism of the Democratic members, who were outnumbered in the House by more than fifty majority, the vote on the election of speaker standing 202 for Mr. Emery and 147 for Joseph Burrows, the Democratic candidate. Mr. Bingham participated prominently in the debate when the gerrymander bill was under consideration, denouncing its unfairness and endeavoring, in vain, to secure several important amendments.

In the course of a debate upon a measure changing the hour of closing the polls in one of the wards of the City of Portsmouth, Mr. Bingham took issue sharply with certain remarks that had been made by Mr. Gallinger of Concord, present United States senator, then serving his second term in the House, and Mr. Gould of Portsmouth. The former had contended that the federal administration had a right to see that the government