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XXIX

and the votes for Governor, as well as the proceedings of the Representatives and Senators in filling the vacancies in the Senate, and in choosing Counsellors; And all this is indespensible [indispensable] to an intelligent excercise [exercise] of the right thus claimed. If then, this Legislature were to undertake to excercise [exercise] this power in relation to the Legislature of 1821. And upon a scrutiny of their proceedings, as to the organization, should find, or fancy they had found, some latent defect or imperfection in those proceedings, it would necessarily follow, that this State has never had a Legislature constitutionally competent to pass Laws, - for the Members of each Legislature, are required by the Constitution to be qualified by certain officers of the next preceeding Legislature; but if these Officers had no legal existence, they are surely not competent to qualify members of the succeeding Legislature. It may then be inquired whence this Legislature derives the right of passing sentence of condemnation on the Acts and dongs of the last Legislature, and of the Governor and Council, since this very sentence necessarily carries with it the condemnation of this Legislature, and declares that it has no legal existence. But no such tremendous power exists; the Constitution of our State, which, in this respect, is a transcript of the Constitution of the United States - has wisely determined, that "each House shall be the judge of the elections and qualifications of its own members, and may determine the rules of its proceedings" - This provision secures to each Branch the high prerogative of deciding definitely and conclusively, in relation to these subjects, makes it the Supreme Judge in the last resort, - expressly excludes the interference of any other tribunal; so that neither the Judges of the Supreme Court,