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Whereas the Constitution of this State, article fourth, part third, Section third, provides that "each House shall be Judge of the elections and qualifications of its own Members," and by Article fourth, Part second, Section fifth, it further provides that "the Senate shall, on the first Wednesday of January, annually, determine who are elected by a Majority of votes to be Senators in each District, and in case the full number of Senators to be elected from each of Representatives and such Senators as shall have been elected , shall from the highest numbers of the Persons voted for, in said lists, equal to twice the number of Senators deficient, in every District, if there be so many voted for, elect by Joint Ballot the number of Senators required;" and | Whereas the Constitution of this State, article fourth, part third, Section third, provides that "each House shall be Judge of the elections and qualifications of its own Members," and by Article fourth, Part second, Section fifth, it further provides that "the Senate shall, on the first Wednesday of January, annually, determine who are elected by a Majority of votes to be Senators in each District, and in case the full number of Senators to be elected from each of Representatives and such Senators as shall have been elected , shall from the highest numbers of the Persons voted for, in said lists, equal to twice the number of Senators deficient, in every District, if there be so many voted for, elect by Joint Ballot the number of Senators required;" and | ||
Whereas the power of judging of the "Elections" and Qualifications" of its own members most manifestly and necessarily implies that the Senate possesses the power and right to determine and finally settle all questions touching the legality and Constitutionally of the Returns of votes for Senators, and that the Senate alone possesses that power and right: and | Whereas the power of judging of the "Elections" and Qualifications" of its own members most manifestly and necessarily implies that the Senate possesses the power and right to determine and finally settle all questions touching the legality and Constitutionally of the Returns of votes for Senators, and that the Senate alone possesses that power and right: and | ||
| + | Whereas it is most manifest that elections of its member must necessarily depend upon the number of votes adjudged by the Senate to be constitutionally returned; and the number of Senators deficient must depend upon the same adjudication, and the highest numbers of the Persons voted for, from whom such deficiencies must be supplied, equal to twice the number of Senators deficient. in each District, must also depend upon and be ascertained by the same determination and decision of the Senate; and | ||
| + | Whereas the number of Senators elected, the number of Senators deficient, and the number and names of Persons, from whom any deficiencies, that may be found to exist, must be supplied, can not be constitutionally determined and | ||
Revision as of 05:05, 9 October 2020
IX
In Senate 8th February
1830.
[Protest of Robert P. Dunlap, John L. Megquin, Theodore Ingalls, Thomas Davee, Charles Hutchinson, James Steele, Daniel Hutchinson, against proceeding of the Convention held on the 2nd February 1830, to file supported deficiencies in the Senate. (See Journal of the Senate Page 68.]
Whereas the Constitution of this State, article fourth, part third, Section third, provides that "each House shall be Judge of the elections and qualifications of its own Members," and by Article fourth, Part second, Section fifth, it further provides that "the Senate shall, on the first Wednesday of January, annually, determine who are elected by a Majority of votes to be Senators in each District, and in case the full number of Senators to be elected from each of Representatives and such Senators as shall have been elected , shall from the highest numbers of the Persons voted for, in said lists, equal to twice the number of Senators deficient, in every District, if there be so many voted for, elect by Joint Ballot the number of Senators required;" and Whereas the power of judging of the "Elections" and Qualifications" of its own members most manifestly and necessarily implies that the Senate possesses the power and right to determine and finally settle all questions touching the legality and Constitutionally of the Returns of votes for Senators, and that the Senate alone possesses that power and right: and Whereas it is most manifest that elections of its member must necessarily depend upon the number of votes adjudged by the Senate to be constitutionally returned; and the number of Senators deficient must depend upon the same adjudication, and the highest numbers of the Persons voted for, from whom such deficiencies must be supplied, equal to twice the number of Senators deficient. in each District, must also depend upon and be ascertained by the same determination and decision of the Senate; and Whereas the number of Senators elected, the number of Senators deficient, and the number and names of Persons, from whom any deficiencies, that may be found to exist, must be supplied, can not be constitutionally determined and