268 JOURNAL OF PROCEEDINGS [Feb. 5,

As Congress cannot rightfully impose "a duty," in its
literal sense, upon the Governor of a State, the legal effect of
the section, in my opinion is, "that the certificate of the
Governor of the State, under the seal of the State, coun-
tersigned by the Secretary of State of the Stae, addressed
to the President of the Senate of the United States, certify-
ing the election of a Senator according to the Act of Con-
gress aforesaid, shall be received as evidence of such elec-
tion."

The provision of the Maryland law upon this subject is
found in section 75 of Article 35 of the Code of Public Gen-
eral Laws, viz : " The commission of such Senator shall be
granted and executed in the form and manner heretofore
usually practiced." This, of course, had reference to an
election " by the joint ballot of both branches of the Legisla-
ture," under the 73d section of the said Article. I am of
opinion that the legal effect of the Act of Congress of July,
1866, chapter 245, is to render null and void the said sec-
tions, 73 and 75, of Article 35 of the Maryland Code.

Doubtless the Governor will certify, as the General Assem-
bly may request, any of its proceedings, of which he may be
officially notified.

The General Assembly will judge of the expediency of
providing by law for the issuing of such certificate of elec-
tion, as is required by the Act of Congress.

I have the honor to be, very respectfully,
Your ob't servant,

ISAAC D. JONES,
Attorney General of Maryland.
Annapolis, Feb. 5th, 1868.

Which (the rules being suspended by unanimous consent)
was read.

The Joint Resolution was then read a third time and
passed by yeas and nays as follows :

	AFFIRMATIVE.
Messrs.	Guy,	Harig,
Stewart, Speaker,	Williams,	Markland,
Loker,	Smith, of Wor.,	Conway,
Coad,	Albaugh,	Syester,
Boyer,	Dutrow,	Coudy,
Hammond,	Wenner,	Rohrer,
Iglehart,	Bowlus,	Seibert,
Deale,	Maynard,	Riggs,
Dalrymple,	Byers,	Conley,
Mitchell.,	Silver,	McCulloh,
Chapman,	Vandiver,	Kean,
Rose,	Brown,	Devecmon,