Senate Journal 1830 (30-318509-P050B.pdf)
(88) -lature, and has never by any vote determined and decided who are the Constitutional Candidates from whom any deficiencies in the Senate, which may exist, ought to be supplied, and has never by any vote of the Senate, so organized, concurred with the House of Representatives in the formation of any Convention of the Members of the two Houses of Legislature for the purpose of supplying deficiencies in the Senate, and no convention was ever formed for the purpose aforesaid by the concurrence of the two Houses of the Legislature: Whereas, certain Persons, to wit; Nathan D. Appleton, John Bodwell Abijah Usher Jr. and Obadiah Hill have appeared in the Senate and have claimed a right to sit and act as Members of the Senate, by virtue of an election by a Convention holden on the Second day of February Instant, composed of the Members of the House of Representatives and eight of the Members of the Senate elected by the People, being less than a majority of such Senators as are elected, and formed without the Concurrence or consent of the Senate duly organized as aforesaid; Therefore, Resolved, that the said Nathan D. Appleton, John Bodwell, Abijah Usher Jr. and Obadiah Hill have not been constitutionally elected Senators and are not entitled to seats at the Senate Board. The letters of the two Justices, mentioned in the Preamble to this Resolution, containing their written opinion were severally read.
[Preamble & Resolve to lie on the table] Mr. Kingsbury moved that the above Preamble and Resolve lie on the table, and the question being ordered to be taken by yeas and nays, was declared by the President to have been decided in the negative as follows; [Yeas] Yeas Messrs. Drummond, Gardner, Hilton, Hinds, Kingsbury, Morse & Phelps -7 [Nays] Nays Messrs. Davee, Dunlap, Hall, Hutchinson, Hutchings, Ingalls, Megquier, and Steele -8
Description: The journal of the Senate documents the proceedings in the chamber, including actions taken on bills, petitions and reports from committees read, and votes taken. The journals are not transcripts and therefore do not include floor speeches that are found in the modern Legislative Records.
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