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(46) Tuesday 2nd February 1830 The Senate met according to adjournment. [Preamble] [Order requesting Justices of Sup. Jud. Court to give their opinion on questions] Mr. Dunlap moved an order as follows; Whereas the Senate has not as yet determined the deficiencies that exist at the Senate Board, nor the Constitutional Candidates to supply the same, if any exist, ad whereas the Senate has not as yet concurred the House of Representatives in their proposition for a Convention for the purpose of supplying deficiencies at the Senate Board It is therefore Ordered, that the Justices of the Supreme Judicial Court be requested to give their opinion on the following questions, viz: 1o. Can a convention of the Members of the Senate and House of Representatives be constitutionally formed for supplying deficiencies in the Senate, without a concurrence of the two Branches of the Legislature? 2o. Can such a convention, formed without the concurrence of the Senate and which does not contain a majority of such Senators as are elected, proceed to supply deficiencies, before the Senate has ascertained the deficiencies that exist at that Board, and designated the Constitutional Candidates to supply said deficiencies? Mr. Kingsbury moved that said Order be referred to a Select Committee of the Senate, and the question on his motions, being ordered to be taken by yeas and nays, was decided in the negative as follows; Yeas Messrs. Drummond, Gardner, Healey, Hilton, Hinds, Kingsbury, Morse & Phelps -8 Nays Messrs. Davee, Dunlap, Hall, Hutchinson, Hutchings, Ingalls, Megquier & Steele -8