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                                                                                XVII

Legislature of Maine. In Convention of the two Houses 9th February 1830

[Protest against the right of Nathan D. Appleton, John Bodwell and Abijah Usher Jr to sit and vote in the Convention formed for the purpose of choosing Counsellors, Secretary and Treasurer of State. (See Journal of the Senate Page 78)]

 The House of Representatives having proposed to the Senate a Convention of the members of the two Houses on the 2nd Inst. for the purpose of supplying deficiencies on the Senate, and the Senate having nonconcurred the Houses in that proposition, for the reason that it had not adjourned the "Elections" of its own Members, had not as curtained "what deficiencies" (if any) existed in that Body non decided who were the "Constitutional Candidates" to supply any supposed deficiency: and the House of Representatives and some Members of the Senate less than a majority and without the presence of the President on Secretary thereof, having proceeded in such Convention, thus unconstitutionally formed, to elect, and did elect Nathan D. Appleton, Abijah Usher Jr. John Bodwell and Obadiah Hill to supply supposed deficiencies in the Senate, against the dissent and protestations of the Undersigned in that behalf. And the Senate and House of Representatives having assembled in Convention on this Ninth day of February for the purposes of choosing Counsellors, Secretary and Treasurer of State and it having been determined by a majority of this Convention that said Appleton, Usher & Bodwell to sit and vote in this Convention.
 Because the said Convention of the 2nd Inst. was not constitutionally formed, the consent of the Senate not having been had thereto.
 Because the Senate had not fully exercised its Constitutional right and power in judging of its elections, ascertaining deficiencies and determining who were the Constitutional Candidates to supply them: And
 Because therefore the choice of said Appleton, Usher and Bodwell by that Convention was wholly unconstitutional,