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X ascertained but by a vote of the Senate; and Whereas the election of Senators to supply such deficiencies is directed by article fourth, Part second, Section fifth, of the Constitution, to be made by the "Joint Ballot of the Members of the House of Representatives and such Senators as have been elected, it is manifest and certain that said election must be made in a Convention of the two Houses, previously agreed upon by the concurrent votes of the Senate and House of Representatives, fixing and assigning the time and place for such Convention: the election of Senators to fill deficiencies in the Senate being expressly mentioned in Article Ninth, Section fourth of the Constitution, as an election to be made by the "Two Houses of the Legislation"; this the said Election is recognized as the joint act of the "Senate" and "House of Representatives" , meetings in Convention in their distinctive characters, as the Senate and House of Representatives, and when so convened, acting as one Body, composed of the Members of the two House, all the members of the Body this constituted possessing and exercising equal rights; this construction being obviously confirmed and strongly supported by reference to the provisions of the Constitution for the election of the Council; to wit: in article Ninth, section fourth, the expression is, "the two Houses shall elect the Council" and in Article fifth, part second, section second, the language declaring the mode of electing the Council is, " The Counsellors shall be chosen annually by Joint Ballot of the Senators and Representatives in Convention:" it being most apparent and obvious that the expression, "the two Houses shall elect the Council" is equivalent to the expression " the Counsellors shall be chosen by Joint Ballot of the Senators and Representatives in Convention": it being most apparent and obvious that the expression," the two House shall elect the Council" is equivalent to the expression "the Counsellors shall be chosen by Joint Ballot of the Senators and Representatives, in Convention" and means the same thing and can mean nothing more or less than does the expression "the Senate and House of Representatives shall meet in Convention and elect the Council:" and it being equally apparent and clear that an election of Senators to supply deficiencies made by "the two Houses of the Legislature"