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47

Monday February 1st 1830

Met according to adjournment.

On motion of Mr Shaw of Wiscasset, Ordered that the vote passing the Preamble & Order on Saturday last presented by Mr Boutelle of Waterville, be so far reconsidered, as to strike out the words "On Monday next at half past two oclock in the afternoon" and to insert instead thereof the words "On Tuesday next at eleven o'clock in the forenoon" - read & passed and the Order was amended accordingly.

Mr Smith of Nobleboro, moved the following preamble & order, Whereas an order has passed this House directing that a message be sent to the Senate requesting, such Senators as have been elected to meet the members of this House in the Hall of the House of Representatives tomorrow at eleven oclock in the forenoon, and elect by joint ballot the number of Senators required - And whereas a novel and important question has arisen, whether such convention can be formed, and proceed to the business expressed in said message, until the deficiencies which exist at that board have been by them determined and the Constitutional Candidates therefor designated, Therefore Ordered, That the Justices of the Supreme Judicial Court be requested pursuant to the provisions of the Constitution to give their opinion upon the following questions, viz - First[underlined], Can a Convention of the members of the House of Representatives, and such[underlined] Senators[underlined] as are elected be constitutionally formed without a concurrence of a majority of said[underlined] Senators[underlined] if so Secondly[underlined], Has such Convention the power of designating what deficiencies exist in the Senate, until the Senate shall first have determined the elections of its own members, and thereby ascertained the deficiencies, & designated the Constitutional Candidates for supplying said deficiencies - Third[underlined],