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256

finally to attain to seats in that House not made with hands, beyond the winter of the Grave. Gentlemen, I bid you all affectionately, - farewell -

The following Protest presented by Mr Ruggles of Thomaston was read and on motion, ordered to be entered at length upon the Journal of this House - viz "State of Maine House of Representatives. Feby 6, 1829 The undersigned members of the House of Representatives believing that the principles advanced in the Report of the Committee of this House on the subject of the Messages of the Governor of the 8th & 9th January, are unsound and not warranted by the Constitution, do hereby Protest against the acceptance of that report by which the majority of this House have sanctioned those principles. Their dissent is founded on reasons which are briefly stated as follows: The Report assumes that the House has a right to call on the Governor for the Registers of Council, and that he is obliged to send them. The Constitution nowhere recognizes such right in the House, nor imposes such duty on the Governor. On the contrary, the Secretary is expressly made the Conservator of the Registers; and by Art. 5 Part. 3d Sect.4. he is required "carefully to keep & preserve the record of all the official acts & proceedings of the Governor & Council, Senate & House of Representatives, & when required lay the same before either branch of the Legislature." The Governor cannot take them from the custody of the Secretary for that or any other purpose, without a violation of the Constitution. While they are with the Governor & Council, they are in the custody of the Secretary. But it is further assumed by the Report that the House has a right to the Register itself, and to detain it from the possession of the department at pleasure. It can hardly be supposed that the framers of the Constitution intended to authorize a removal of the Records from the possession of the Constitutional conservator of them. The Records of State are the highest property of a State & embrace the evidence of right, of