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[XXXIII] of the House, and eight members of the Senate, from motives of which it does not become us to speak, but of which the people will judge, had determined that the vacancies in the Senate should not be filled, the votes for Governor counted, nor Councillors chosen, twenty five days of the session having been consumed and repeated motions having been made by members of the minority of the House to adjourn without day, the House proposed a meeting of the members of the House and such senators as had been elected, for the purpose of filling the vacancies in the Senate; a meeting was had in the mode proposed, eight members of the Senate joining with the members of the House in filling the vacancies. It is admitted the mode of proceeding on this occasion was not according to the usage that had obtained before this time. it had been customary for the Senate after it had become organized to declare that certain vacancies existed in that body and to notify the House thereof, and request a meeting of the two Branches to fill such vacancies. All these things the Senate of last year neglected to do till more than twenty five days of the session had passed away, when the House believed the urgency of the case required a departure from usage if it could be done consistently with the provisions of the Constitution. The course above mentioned was then adopted by the House for the purpose of filling the vacancies in the Senate, and this course it is believed was in strict accordance with the letter as well as the spirit of the Constitution.

The Constitution provides that "in case the full number of Senators to be elected from each district shall not have been so elected, the members of the House of Representatives and such Senators as shall have been elected, shall in the manner proscribed by the Constitution" elect by joint ballot the number of