Constitutionality of election of co-Presidents of the Senate

MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) ANDREW KETTERER ATTORNEY GENERAL Telephone: (207) 626-8800 TDD: (207) 626-8865 STATE OF MAINE DEPARTMENT OF THE A ITORNEY GENERAL 6 STATE HousE STATION AUGUSTA, MAINE 04333-0006 November14,2000 The Honorable Michael H. Michaud 111 Main Street East Millinocket, Maine 04430 Dear Senator Michaud: 00-1 REGIONAL OFFICES: 84 HARLOW ST., 2ND FLOOR BANGOR, MAINE 04401 TEL: (207) 941-3070 . FAX: (207) 941-3075 44 OAK STREET, 4TH FLOOR PORTLAND, MAINE 04101-3014 TEL: (207) 822-0260 FAX: (207) 822-0259 TDD: (877) 428-8800 This will respond to your oral request for an opinion fr.om this Office inquiring as to whether it is constitutionally permissible for the Maine. Senate to elect co-Presidents of the Senate. In other words, you have asked whether two individuals could simultaneously serve as Presidents of the Senate and somehow share that office. For the reasons which follow, it is the opinion of this Office that the election of co-Presidents of the Senate is not allowed under Maine's Constitution. Article IV, Part II, § 8 of the Maine Constitution provides that" [t]he Senate shall choose their President, Secretary and other officers." Thus, the Constitution itself contemplates that the Senate will select certain officers including a President and· Secretary. Moreover, the literal language of the C:onstitution, as well as common sense, would seem to suggest that the Constitution contemplates that the office of President of the Senate be occupied by one person at a time. The actual duties and responsibilities of the President of the Senate are not described in detail in the Constitution itself. The.Constitution only describes a few limited duties the President of the Senate is either authorized or required to perform. Among these is the authority, with the Speaker of the House, to call the Legislature into session under certain circumstances. See Article IV, Part 3, § 1. Article V, Part 1, § 14 ,provides that "[w]henever the office of Governor shall become vacant because of the death, resignation or removal of a Governor in office, or any other cause, the President of the Senate shall assume the office of Governor until another Governor shall be duly qualified." Similarly, "[w]henever the Governor is unable to discharge the powers and duties of that office because of mental or physical disability, the President of the Senate Printed on Recycled Paper The Honorable Michael H. Michaud Page2 . November 14, 2000 ... shall exercise the powers and duties of the office of Governor until the Governor is again able to discharge the powers and duties of that office ... " Article V, Part 1, § 15, Me. Const. Given the nature of the responsibilities imposed by the Constitution on the President of the Senate, particularly the fact that the President of the Senate is first in the line of succession to the office of Govetnor,•it would appear to be self-evident that the Constitution only permits one President of the Senate at a time. This is precisely what the Justices of the Supreme Judicial Court of Maine held in 1830. In Opinion of the Justices, 6 Me. 506 (Greenleaf 434) (1830), Chief Justice Mellon expressed the following opinion: There cannot be two Presidents of the Senate at the same time, when there is only one Senate"in existence. . .. Unless this construction is adopted, there may be confusion in the administration of government; for if there may be, consistently with the constitution, two Presidents of the Senate at the same time, to whom shall the language of the article and section before cited apply? Both Presidents are not ~tended; the provision contemplates but one as in existence. A construction of the constitution leading to such consequences, and involving such inconsistencies, I cannot consider as legitimate and correct, or as ever contemplated by those who framed the constitution. 6 Me, at 508 (Greenleaf at 436) ( emphasis in original). For your convenience, I have · enclosed a copy of the Opinion of the Justices which was issued in 1830. I hope this mformation was helpful to you. Please feel free to call upon me if I can be of further assistance. " AK:WRS:mhs Enclosure Sincerely, ~ITERER Attorney General .,.I_,.••-•-..... / 434 ) APPENDIX; · the power to waive that right and vote not to choose a repre- sentative, and such vote would not bind the minority in such town. And,~ 2d. Towns and plantations classed into districts for the pur- pose of choosing a representative have a right to send a repre- :mntative, notwithstanding a majority of the towus and plantations have voted not to send one. WILLIAM PITT PREBLE. January 31st, 1826. No~. 'l'he house of representatives, in the case which occasioned the call for the foregoing opinions, acted in conformity with that of Mr. 1ustice Preble. Opinion of the Justices, 6Me. 506 (Greenleaf 434) (1830) [ *506 J . * N_O. II. EXECUTIVE DEPAl\TMENT1 January 23d, 1830. Tu the H01l()ra1Jle Jus.tices of the Supreme Judicial Court of the State of Maine. GENTLEMEN: - In conformity to the third section of the sixth article of the constitution of said State, I request your opinion npou the following questions arising upon the construction of said constitution, they being questions which may be important .'r{ to have· settled by the highest authority : - . , .),;!. Do __ the executive ~uties of the Stare, when constitutionally :. ,\J, exercise?-. by the president of the ~enate, devolve a~ the end of . .: :){':_ the political year, when so' e;x:erc1sed, on ~he president of the .\ · senate,. or speaker of the house of representatives of the next . ·:; political yel!r, whichever shall be first chosen? or shall suc.h. exec~ . ;: utive .duties still continue to be exercised by sue~ president of '-: the senate,. until an.other governor of the State chosen by . the people· ·or by tht> legislature be qu~lijied? : ." . NATHAN CUTLER, ..... President of the Senate of 1829, and acting Gove~, · MoNDAT1 January 25th, 1830. AT a meeting of the members of the executive council, in the council chamber. Present: Messrs. Simeon Stetson, Phinehas Varnum, David Crowel, Jonathan G. Hunton, Levi Hubbard:· ·Hon. Simeon Ste'tson was chosen president. The following· resolution was unanimously adopted, and the se ·of a.1 si a: ti b 8 r .< :o choose a repre- minority in snch ' tricts for the pur- ' to send a repre- ·11s and plantations TT PREBLE. :a.sioned the call for the tice Preble.. . January 23d, 183(). :'icial Court of the · ,ction of the sixth uest ( _. opm1on : /: .e. COiio.1UCtion of :;;:: ~::;::;;;;:~; :j ti~::si:;n:h:fn!!~ .. :]_~_!_~~ )r shall such. exec- such president of .te chosen by. the 'LER, . 1 acting Gove~. r anW1.ry 25th; 1830. [ve council, in the Stetson, Phinehas ..evi Hubbard: adopted, and the APPENDIX. 435 secretary of state ordered to transmit a copy of the same to each of the justices of the supreme judicial court: - Resolved, '!'.hat the justices of the supreme judicial court be and hereby are required, in conformity to the third section of the sixth 'article of the constitution of the State, to give their opinion, as soon as convenient, upon the following questions, arising upon the * construction of said constitution, which have become important in administering the government [ * 507 ] and in the discharge of official duty in this depart- ment thereof: - When the office of governor has become vacant, and the.exercise of the powers and duties of that .office have devolved upon, and have been exercised by, the president of the senate until the first Wednesday in January, terminating a political year, and until another president of the senate has been chosen and has taken upon himself that office, can the office of governor be further .ex- ercised, according .to the provisions of the constitution, by such first-named president of the senate, or ought_said office of governor to be then exercised by said last-named president of the senate while he holds that station, and untir another governor is duly . qualified? J. G. HUNTON, SIMEON STETSON, PHINEHAS VARNUM, DAVID CROWEL1·. LEVI HUBBARD. 0AID!RIDGE1 J'annary 30th, 18;30. To the Horwrable Council of the State of Maine. · 1 -LAST evening, ,on my arrival" in this -town, l received from the ·se·cretary of state a copy of your order or resolve of the 25th inst., requiring the opinion of the justices of the supre111e judi!}ial cou_rt on certain questions stated in said order. . As the secretary was _directe_d tci furnish each of said justices with a copy of the same, ":iHnaf-at least be: inferred tharthe council did n.ot expect that a personal interview and consultation should be -had by the· mem- bers of the coitrt, distant_ as they now are from each other •. On this presumption, ··and to avoid delay, I have concluded to s_tate to the •~onorable- council · the opinion I have formed upon the qu{)s- .t:ions ~ubmitted; and to give ·notice of m-y"having so doQe-.to my _.b_r~t.hren, without _loss of time, requesting them;- if they think .proper, t~ adopt a similar mode of proceeding. . 1. The,constitution provides that the senate shall choose their .- pre~ident:; and he. js al ways one_ of the. senators. · APPENDIX. 2. A senator, as well as a representative, is elected [ * 508 ] "for one * year from the day next preceding the last annual meeting of the legislature." 3. A senator, of cotirse, when such year has expired, loses ·that .·.,/~~ character on which the office pf president of the seuat.e depends as its necessary foundation; hence both offices by lapse of time· expire at the same moment, unless that of president of the senate is otherwise terminated during the continuance of the office of senator. -, 4. When a new president of the senate is elected and has en- . ··.••.·.t.,\.~.~.::,:;=:.•.··. tered on the duties of his office, after the expiration of the year . · OL' term for which the next preceding president was ele_cted, such ?if election must be considered as having bee1i _made, because no president• was then in office. •5. There cannot be two presidents of the senate at the same time, when there is only one senate in ·existence. 6. The 14th section of the 2d article. of the constitution pro- vides that " whenever the office of governor shall become vacant by death, resignation, removal fro1i1 office, or otherwise, the presi- .dent of the senate shall exercise the office of governor until another governor shall be duly qualified." 'This office he is ·to exercise because he is -presi~ent of the senate, and in virtue of his character as such'officer at the time of such exercise of the office, and not 'becaus.e he had been president during the _year next pre- ceding. 1. Unless this construction is adopted, there may be confusion in the administration of government ; for if there may be, consis- tently with the constitution, two presidents of the senate at the sa:me time, to wholn 'sh'aU ~the language of the article and section before cited apply? Both-presidents are -not intended; ·the· pro- vision co.ritemplates but one as in existence. A construction '?f ·die ·constitution -leading to such eoilseqtiences1 and ;involving sue~ . inconsistencies, ·I ·cannot" consider as legit_ifuate and correct,· or .. '.aj! · . , :ever contemplated ·by those who framed tbe constitntion. · , J 'In ·compliance with the 'order' of the ;honorable council, ·l give jt -as my decided opinion, that ".when the office· of :governor ·has ·become vac-ant, and ,the ·powers and duties of •tha:t -office have -de- volved · upon, and 'been 'exercised ·by, :the pre~ident •of ·the seiiafe, until the firs~ Wednesday in January, ·tertilinating a political ye·11:f,. and ·until another 'president of the senate has been ··chbsen= and :hroi . taken upon 'liilnself ·that office/' 'the· office ·of ·govertib'r [ * 509 ] cannot be jutther exercis_ed, * accoi:ditig •to -the pro'vi~:- ions '◊f the cont;ti ttilion, tly such first-nained ,presideri:t of the senate ; but said office of ·governor ought ·ti:> be ·th~n -exer~ dsed by the said ·last:.named president of the 'senate ·while he holds that station, and ·until another ·.governor shall have :tJeen duly qual"ificd, -'ri council., in answeli tioncd order Qr r.~s P~EN' St!~ To:the Hon. Na~h THE undersigne- him.as one of-the;j ultimo, by the said acting governor,"· resolve of that date most of the. reas~n to the questions pr it is unnecessary,l much as. the 4ues.t a portion of·the c< rules of construct lished principle ~f a statute as, may'l in vle.w ; · an~t thi . tion of the legi.sl meaning- of· such necessary•· t.o con.e and meanirig. of:< So in the 1ronstri ered · as Ii- pa.ram binding, upon.al}: ject tQ,ibe.'pp.w.~: applii;c.t.: · :Tb!3~ . , of the finst,:·pat~· words, f,t~tlie._ Im officei~f:·go~~,:¥-fl qualified,_'.:i1~&ff. . viole~ceJo.,.t~ (or. the:·~e,~; ·office: :9f·iP.~S:ii shoajd;idiurl.ngr. . still'• -coot~n~w considei:e.di asi't pnesidenti\:of_ ~b ourr.ed, 3ind. en;t the· e:ristettcifi< :presentative, is elected 1ext preceding the last ·e." · has expired, loses that l of the senate depends >ffices by lapse of time president of the senate rmance of the office of is elected and has en- : expiration of the year. ident was elected, such >een ·made, becaw;e no :he senate at the same ,xistence. · >f the constitution pro- or shall become vacant or otherwise, the presi- · nee of governor until ' 'This office he is ·to tte, and in virtue of his h ex( 3 of the office, ring \._.; yeat next pre- :here may be confusion if there may be, consis~ ts of the senate at the · the article and section not intended ; ·the· pro- ce. A construction (!f ,ces, and 'involving such. :nate and correct, or ns · 1e· constitntion. . Lorable council, I give jt office ·of ·governor :has· ; of that ·office hav'e de-. president -of ·the seha'(~ ,.inating a political ye:~~,· as been ··chosen and '.htui " 't~e. office ·of 'goverti.Qr accoi:ditig >to •the pro'ris~ h first-named ,presid~r# : ought tb b'e ·then -exer, :)f the ·senate ·while he rernor shaJl have !beeµ .... ~~~;·: ~t;: J~: ,.:Ji~· APPENDIX. 437 duly qualified. This opinion ~s resp~ctfuUy. submitted. t.o. the council~ in answe1, to the quest10ns proposed m the before-m~n:- tioned order or resolve, by . PRENTISS MELLEN, Chief Jiµ;tice .of the.· S11preme Judicial Court of the State of Maine. To the Hon. Nathan C1ttler, and the Honorable Council of the. State of Maine. THE undersigned; having considered th~ qu_e~tions propounded to. him.as one of the justices of th.e supreme 1nd1e1al court, on t~e 23d: ultimo, by the said butler, as "preside~1t of the senate o~ 1829, at1~- acting governor," and on the 25th ultimo by_ the coun~il,.l?Y-_th~1r resolve of that date, replies, that he concurs with the chief JllStt:e 111 most of the reasons by him given in his a~swer of _t,h~ 30th ultn:10, to the qnestions propounded by the council as aforesaid, and w_h1ch it is nnuecessary here to recapitulate; but would add, that! mas- much as the question itself implies doubt as to the construction of a portion of the c~nstituti?n, it t:?ay be useful to re~ur to th_e legal rules of construction applicable m such cases. lt is a well-estab-:- lished principle of law, that snch construction ought to be put upon a statute as may best. answer the i.ntention ·which the make~s had in v'iew; and. that, ,vbenever any words are _doubtful, the mten-: tion of the legislature is to be resor~ed t? 1.n ord~r t~ ~nd the meaning of such words. To ascertam this mtent1on, 1t .1s o(tetJ, necessary to consider the other parts of the statnt~, for the woi;d_s, and meaning of one part frequently lead to the. sense of the oth~r. So in the construction o( the constitution, which may be ·consid- ered as a ·paramount statute passed immediately by the people,: binding upon all the d?partments. of the go.vernment, a?d·not su~ ject to the power of either, the same rul~ o( construction may_be. applied:. Tbe meaning of the p~ragraph m the fo~ute;e.~th. s~ct10~ .. of- the fir~t.. part o.f the. fifth ar,ticle of th.e co.n~t1_t~tlon., 1.ll t_l]..es~, words, "·the pi:esiden~ of the sena.te shall· e.xerc1se the .. ·.. _ . office. of go;v;ernJ>r ~ un.til ano.ther govern.or s~all b? duly [ ~ P.1 O. ]1 qualified," may- be c.oosid,ered doU:btful. It 1s domg no violence to .. the langm1ge to c.o.ri.si,der it as re(ei:~ing to the..o_~-'1~ (oi: the time being; . .so; that whPJ3Ver sho?ld be 1~vested w1tJ1: ~he. office. of·president of. the, sena~e, at a~y tune dunpg the. v.ap~9C)\ should, during the ttme. of his b,9ldmg .. st;t_cl}.. offic_e,. t~e;. V,~Q~.y; stilt· continuing, exercise the office. of go.v:em,or-i• or ~t. ,;n~y,, 1?~- consider.e.d: as.' applying, to the. indi.vidual holding t~Er qffic.~: of pcesideut of the: senate at the time the vacancy of gov.e.rnor 9c: cur.r.ed, and entitling him. to. exercise the office of. go!~rnoc duril!_g, the· exi.sten.ce. o.f th~ v;acancy, e.ven beyond. the poht.t<;al yea~. m, 37 * 438 APPENDIX. which it occurred. The language being susceptible of different constructions, the inquiry is, Which will best comport with the ·other parts of the instrument and the spirit of the whole? It was manifestly the intention of the framers of•the constitution that the people should be anmt(Llly reinvested with all the powers by them intrusted to the executive and legislative departments of the gov- ernment, and that the authority to execute these powers should be annttaUy derived from the _people. It is, therefore, provided. that· the governor shall · hold his office one year from the first . Wednesday of January in each year, and that the senators and representatives· shall be elected· for one. year only. Suppose that subsequetit to the election of a governor, but previous to taking the r~quisite 'oaths, the governor elect should die, ( as was the case in Massachusetts during our connection with that Commonwe!!-lth,) or· should decline accepting, the office of governor the preceding year having been vacant and exercised by the president of the senate; I am not aware that the constitution has provided any mode by which such vacancy can be filled by electiou, either by · the people or the legislature. The office must then remain vacant · during the year; and if it would be doing no violence to the lan- guage of the constitution to say, that the president of the senate · of the preceding year ~hould still- continue to exercise the offic~ of governor for the current year, and so fro_m year to· year, "u11t1l another governor shall bwduly qualified," it certainly would. not comport with the spirit of that portion of the instrument which provides for an an-ntlal executive ; and it does- not seem to me that those who framed and those who ratified that instru- ment. could ever haye · intended that ·such a result should by possibility occur. Other .cases might be put which [·* 511] * would be equally-illustrative of the effects of such a construction. It surely would not be contended that ·the governor of the preceding year should hold over, in.case the governor elect ·should decline ·accept.ing or die before taking the · oaths, or in case· the office of governor should not be filled in the manner pointed out by -the constitution by reason. of any other casualty, becau~e that -instrument has most manifestly provided otherwise. -But if those· who framed . it had intended that -tll1r president of the preceding senate, exercising the office of gover~% shotil'd hold· over in case of a v:aca_ncy of governor t~e succeeding year, would ·they not_ have provided also that the governor for th!'·· preceding year, holding•his office to the end of the political year,, ... t ---r--~, :: .. :(; -.)ii, shonl<;l hold ·.over, in case of vacat1cy the succeeding year r Wh~t reaso,n could be given for authorizing the presiqent of the sena:te,, exercising the office of governor, to hold over, and not authorizing · \i, '\ '\ the ·governor himself. to hold over, under circumstances precisely-... ::_;~_:_,~-~~r•·_;_:;t_;I~,-,:~ .. similar ? Every argument arising from the inconvenience of. -, .• ,_. :: •~ :~,I -,;::.:_.; withdrawing the pi priate duties at tq.a in case no presidin. the new legislatUfE as in the other ; ru was never intend< either case.. By c ate shall exercise senate for the time · difficulties above f ar¢ obviated ; the is predicated are contingency, will exercised by an, c whether that offi senate, or speake It is mauifes_t bear a strict, liter of the governo"r:i In many cases, 1 number of dayE J ant1ary-of° the sr struing the phras a construction cc to . foclude the' ·:. oath o,f qualifica1 the :i:nembe:rS ele the· case of conn Wednesday of·J the ·governor for cQuld -·~e 'give I}: i year to· assist !~ bers=of ·the legii uary /~ho~. setji . to siipply'~a4n of-, a' 1new ',coriJ eledtfon1-:inao~f nintfil~i~le ,o11 s·truetiolifw~ ~\~t~J!?if jffl erri& to" remaf but· there· oe'i<N . ~~ any;•kindt b ,:;~ . 1-\rece-dillg t_h!'. /4nder a new·.e . ·. - ·~ J,: sceptible of different :st comport with the r the whole? It w~ · constitution that the : the powers by them ·artments of the gov- these powers should s, therefore, provided year from the first :iat the senators and · only. Suppose that .it previous to taking· die, ( as was the case hat Commonwe~lth,) vernor the preceding the president of the ,n has provided any 1 Y, electiou, either. by l then remain vacant > violence to the lan- :sident of the senate · w expr~ise the office . { yeait Jear, "uutil certau1ly would not 1e instrument which does not seem to ratified that instru- a result should by night be put which the effects of such ·a t be contended that ,old over, in .case the lie before taking the :1 not be filled in the reason of any other manifestly provided ,d intended that-t~~ tie office of governor eruor the succeeding the governor for the of t_he political ye~r,, · eedmg year ? What sident of the sena:te·, , and not authorizing ;u~stances precisely- te tnconvenience of: _:~~\ . ,.:,·. APPENDIX. 43g w~thdraw~ng the presid~nt_ of the existing senate from his appro- priate duties at_ t~at board, or from the apprehensions of anarchy m case no pres1dmg officers should be elected in either branch of th~ new legislature, would apply with equal force in the one case as m the ot~er; and to my mind the inference is strong that it ,~as never mtended that there should be any holding over in either case. By construing the words "the president of the sen- ate shall exercise the office," &c., to mean the president of the s~nate f?r the time being, no violence is don~ to the lariguage ; the d1fficnll1es above suggested, and others that might be enumerated ~r¢ obv.iated; the principles upon which the executive departmen; 1s pr_ed1cated ar.e preserved ; and the executive . power; in every cont1~geucy, will then annually revert to the people, and will be exercised by an officer holding his pla~e under a new election, whether that officer be denominated governor, president oC the senate, or speaker of the -house. · · · ·. It is manifest that some clauses in the constittition will not bear a strict, literal construction; for instance the term of office of the governor is one year from the first Wednesday of January. In many cases, that period would have been fully completed a number of days previous to the first Wednesday of J an:rnry of the succeeding * year ; and, unless by con- [ * 512 ] strumg the phraseology to mean a political year,· such · , · a construction could be given as would extend the term of office to include the . first Wednesday of the succeeding January the oath of qualification could not be administered by the. govern~r to the members elect of the two branches of the legislature. So in the case of councillors who are to be chosen .annually, on the first Wednesday of January, if practicable, for the pu,rpose of advising the governor for that political year. Unless such a construction could be g~ve~ as wo1;1l~ au~horize the. councillors of the preceding year to assist 111 admm1stermg the.oath of qualification to mem- bers of the legislature subsequent to the. first We~nesday of Jan.- uary, ~hose senators who should be elected by the two branches to supply vacancies could not be qualified until after the election of a new council, and, of course, could have no voice in such election, manifestly against the spirit 9f the fourth section of ·the ninth article of the constitution. · Under-a belief that such a con- str~ction was w.arranted by the obvious intention of the framers of the constitution, as indicated in other parts· of that instrument a quorum of t~e old ?ouucil were uniformly requested by the. gov~ . ernor to remam, until a quorum of the new could be qualified.; but there. never was any attempt to transact executive business of any ki_nd, by either governor or council, subsequent to· the- day l)recedmg the first Wednesday of January, until a qualificatioi1 --1:inder a new election ; all business of every kind being suspended, i I· ! l 440 APPENDIX: except merely to administer the qualifyiug oaths to the members of the legislature. So. in case of vacancy in the office .of govern-- or, the president of the senate the preceding political year, whose, term of service as senator expires with the year, must, from neces-.- sity, act as governor; and the council of the preceding year con- tinue to act as snch, under the like necessity as above stated, in qualifying the new legislature; but the necesfity ceases up~n t~e election of a president of the new senate, an officer then bemg m the full exercise of the office upon which, according to the· pro- vision of the constitution, the duties· of governor devolve in case of vacancy.. Upon every view of this subject which I have been· able to; take, my mind has come irresistibly to the conclusion that the ex- ecutive duties of the State, when constitutionally exercised by the president of the senate, devolve, at the end of the [ * 513] polrtical year when so exercised,* on the president of the senate of the next political year, the office of gov- · ernor for· that year being vacant. PORTLAND, February· 4th, 1830. ALBION K. PARRIS, Just. Sup. J1td. Court. AUGUSTA, February 3d, lfl:30. To the Ho.rwr.able the Executive Council of the State of Maine. GENTLEMEN: - Aft.er the. receipt of your communication Qf the- 25th ultimo, with wh.ich I had the honor to be furnished by th.e• secretary of state, the : members of the court procee.ded to ascel'- tain each other's views by letter, not being able, from their scat- tered situation, to ha:v.e a personal interview. My h~ethren are of opinion, as. you are doubtless advised, that the right: of the lat.ec president of the senate t.o exercise the executive duties termina_ted up.on the election of a president for the current year. A m~jori~y of the court having thus. de.cided a quest.ion. of great:political im:- portance, although I have oot been ahle to bring my.self to,cot\Cll.r with them:, I have uot deemed it expedient, to. e:3:p.1:e.11~ a. formal dissent,- and to, give in detait my reasons. therefort e.speciall1 M, questions propounded in this manner are necessarily decided with .. out argument, and we have. not been, able to. meet fo( discussio~ among ourselves. Ji have the honor- to be~ · ·· · Very respect.folly,, { Your obedient servant, v NATHAN WESTON, luN, -· -':~:'~: _-Jl To the Hanoi GENTLEMEN·: - cle of the consti' on the followitig 1. 0an a couv · of representativ'E fi:cieucies in th« branches of the 2. Can such: the senate, ,and tors as are elect, - has· ascertained uated the cons and can any ot senate, designat ficiencies? QouNciILC~ To the H~~~ To the ques r-ollo~ing: opin .... Th,e ¥fth ~ t~af t:ehe,. .. ~ent~ rµiQ~ i:~V~9-,~~ each, <!1~!.r!c~ ele~~e-~: [t!?-~jf. th~ 'm.ei::µpe~\c· sen?ttors as s_{c There ar~i~ the,one is_by, decision' of tl cannot, befor1 The sectio