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(87) the Constitution the following Questions: vis: 1o. Can a Convention of Members of the Senate and House of Representatives be constitutionally formed, for supplying deficiencies in the Senate, without the 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 in the Senate and designated the Constitutional Candidates to supply said deficiencies? And can any other Body, under the Constitution, other than the Senate designate the Constitutional Candidates to supply such deficiencies?

And, Whereas two of said Justices, to wit, Prentiss Mellen and Albion K. Parris, being a majority of the Justices of said Court, have delivered their written opinion to the said Joshua Hall, that a convention can not be constitutionally formed for supplying deficiencies in the Senate, without the concurrence of the two Branches of the Legislature, and that such Convention formed without the concurrence of the Senate, and which does not contain a majority of such Senators as are elected, cannot proceed to supply deficiencies before the Senate has ascertained the deficiencies that exist in the Senate and designated the Constitutional Candidates to supply said deficiencies, and that no other Body, under the Constitution, other than the Senate, can designate the Constitutional Candidates to supply said deficiencies when a Quorum of the Senate has been elected and a Senate has been duly organized; and Whereas the Senate which was duly organized by the election of a Quorum of the number of Senators required by the Constitution, and by the choice of a President on the 13th and of a Secretary on the fourteenth day of January 1830, has never determined the deficiencies which exist in that Branch of the Legis-