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229 Protest.

House of Representatives of Maine Feby 2nd 1830.

[see page 50.]Whereas the House of Representatives has caused a message to be sent to the Senate requesting that body to meet the House in convention at 11 o'clock this day, for the purpose of electing Senators to supply a supposed deficiency in the number of Senators : And Whereas the Senate have not consented to nor concurred in said request, probably for the reason that it has not yet adjudged the "elections and qualifications" of all its members, nor ascertained whether any deficiency exists, nor who are the constitutional candidates to supply any deficiency which may exist. And, Whereas the House of Representatives after sitting twenty eight days has not yet adjudged the elections or qualifications of its own members, while some are holding seats in the House who are presumed not to be constitutionally elected, and others are excluded who should be admitted to the rights of members. And. Whereas it is determined by a majority of the House to proceed in electing Senators and supplying deficiencies, which are not constitutionally ascertained to exist, without the concurrence of the Senate and without the presence of a majority of that body, or of either the President or Secretary thereof. Therefore, the undersigned, members of the House of Representatives of Maine, do hereby solemnly Protest against thus proceeding, and briefly assign the following reasons for this protesting. 1st Because the Constitution has made the Senate the sole "judge of the elections and qualifications of its members". And this constitutional power must first be exercised by the Senate, before the House can exercise any constitutional power with respect to supplying deficiencies. This power on the part of