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(57) Supreme Judicial Court, as to the question, "on whom the Executive duties devolve under existing circumstances", and whether upon the present or late President of the Senate. Until their opinions should be obtained, the convictions of my own mind confirmed by the opinions of many citizens, eminent for their wisdom and candor, led me to consider it my duty to continue hitherto to exercise the office, "until another Governor should be qualified", especially as that course appeared to conform to the usage hitherto obtained of the Governor's holding over into the second year, for the purpose of administering the Constitutional oaths to Members of the Legislature; and I have limited my exercise of the office, since the organization of the Senate, to the performance of that official duty. I have this day received a letter from the Hon. Nathan Weston, one of those Justices, informing me that two of the Justices are of the opinion that the exercise of the office now devolves upon the present President of the Senate, and that he himself has not concurred in that opinion. However my own may be on that subject, my respect for the opinion of a majority of the Justices, and a desire to remove any difficulties which may arise in the mind of any one respecting it, I hereby resign the trust which devolved on me at the decease of Governor Lincoln. /signed/ Nathan Cutler To the Hon. Joshua Hall President of the Senate
After the communication had been read the Hon. Joshua Hall, President of the Senate, read the following address. Senate Chamber 5th February 1830 [Presidents address] Gentlemen of the Senate, Having received a communication