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Senate Journal 1830 (30-318509-P163A.pdf)

XVIII void and of no effect whatever, and gave them none of the rights or privileges of Senators.

It is most manifest that the Senate must first fully judge of the Elections and Qualifications of its Members, by adjudging who are elected, what deficiencies exist and who are the Candidates from whom those deficiencies exist and who are the Candidates from whom those deficiencies should be supplied before a Convention can proceed to supply such deficiencies. In ascertaining the Candidates the Senate necessarily judges off the Elections by the People and of the Qualification of the Person voted for, in respect to their eligibility. To suppose the Senate could exercise this power twice, once "Before," and again "After" the deficiency are supplied, would be absurd. Its whole power, then, in this respect, being fully exercised before the deficiencies are supplied, it follows that none can be exercised afterwards; and therefore no vote, order a resolve can legalize such convention or any of its doings relating to its Elections. No subsequent Resolve of either House can make a Conventional act Constitutional, which in itself is Unconstitutional; for if it could, a Resolve of either House would be paramount in power to the Constitution itself. It is a selfevident proposition that an Act the due performance of which requires the concurrence of the two Houses in Joint Ballot, cannot, when illegally done, be legalized by a vote of either House alone. If it were otherwise, either House would have the power of both Houses together. Each House may judge of the elections by the People, of its Members, and of the Qualification of the Persons voted for. But neither have the power to elect, except jointly, in Convention of both Houses. Neither can therefore, by its own act, render a choice made by the two Houses valid, which was not so without such act; for in doing so it would exercise a power not given it by the Constitution, and which can be exercised only by the two Houses in Convention. Against the right, then, of the said Appleton, Usher D Bodwell, to sit and vote in this Convention, the Undersigned hereby Protest as destructive to and

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.

Link to document in Digital Maine

Language: English

Date: 1830

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