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                                                                                 XIX

must be taken to mean an election made by a Convention of the Senate and House of Representatives, to wit: a Convention formed by the previous agreement and concurrence of the two Houses that such Convention should be formed at a specified time and place: and

Whereas the Senate has never, by a vote of the majority of its Members, decided the number of Senators deficient in York District; nor by such vote ascertained who are the Constitutional Candidates from whom any deficiencies, that may eventually be found to exist in said District, must be supplied; nor by such vote agreed to and accepted, nor rejected, that part of the report on Senatorial votes which declares one Senator deficient in said District, and that Moses Sweat and James Goodwin are the Constitutional Candidates from whom one Senator is to be elected to supply said deficiency; no vote of the Senate having yet been taken on that part of said Report which declares one Senator deficient in Washington District and that Charles Peavy and Obadiah Hill are the Constitutional Candidates from whom such deficiency is to be supplied: but by not accepting that part of said Report, the Senate has virtually decided that no Senator is deficient in said Washington District, and that said Peavy and Hill are not the Constitutional Candidates from whom a deficiency in that District ought to be filled: and'
Whereas the Senate, not having finally determined, by a Majority of the Board, what number of Senators are deficient and who are the Constitutional Candidates from whom any deficiencies which may be found to exist, must according to the provisions of the Constitution, be supplied, and the Senate being the only Constitutional Tribunal to settle and determine these questions, has not communicated and is still unable to communicate to the other House of the Legislature the information necessary to enable that House to act Constitutionally upon the subject of the deficiencies in the Senate; and has never concurred with the House of Rep