point two additional Justices of the Peace for the 2d election
district of Frederick county, reported it without amendment.

Said bill was then read a second time.

The President laid before the Senate the following commu-
nication from his Excellency Governor Bowie, by the hands.
of the Hon. Wm. S. McPherson, Acting Secretary of State :

EXECUTIVE DEPARTMENT,

Annapolis, January 17,1870.
To the Senate of Maryland :

Gentlemen: A vacancy having occurred in the office of
Chief Judge of the Sixth Judicial Circuit by the death of the
late Judge Nelson, I respectfully present for the consideration
of the Senate the question of the construction of the constitu-
tional provisions relating to the mode of filling the vacancy.
While I entertain the opinion that the power of appointment
in such case is conferred by the Constitution upon the Govern-
or, and not upon the Governor and Senate as formerly, I ex-
press this opinion with diffidence, and as this is the first case
which has arisen since the adoption of the Constitution requir-
ing the exercise of the power, I would be glad to be informed,
if agreeable to your Honorable Body, of the views entertained
by the Senate on the question.

I will briefly state the grounds upon which my opinion is
based.

The mode of filling a vacancy in the office of Judge is ex-
pressly provided by Article IV., section 5, which directs that
the Governor shall make the appointment. As the case is
one not falling within the 10th or 11th sections of Article II.,
it must be governed exclusively by Article IV., section 5,
which seems to be free from ambiguity, confers the power of
appointment upon the Governor, and does not provide for or
require the concurrence of the Senate.

This provision is dissimilar from that contained in section
40 of the same Article relating to Judges of the Orphans'
Courts, and which directs that a vacancy in that office shall
be filled by the appointment of the Governor, "subject to con-
firmation or rejection by the Senate." It is also plainly dif-
ferent from the provisions contained in the Constitutions of
1851 and 1864, prescribing the mode of filling a vacancy in
the office of Judge. By reference to the provisions on this
subject in those Constitutions, it will be found that the ap-
pointment in such case was required in terms to be made by
the Governor " by and with, the advice and consent of the Sen-
ate. " This provision appears to have been designedly changed
by the present Constitution, and the language employed is
essentially different—centering in terms the power of appoint-
ment on the Governor alone. I respectfully suggest that the