filed in his office under the several bounty laws of the State,
and also any that may be filed in his office without permis-
sion of law, for payment.

Mr. Miller, from the Committee on Judicial Proceedings,
submitted the following:

The Committee on Judicial Proceedings to whom was re-
ferred the communication from his Excellency, the Governor,
presenting "for the consideration of the Senate, the question
of the construction of the Constitutional provisions relating
to the mode of filling the vacancy of the office of Chief Judge
of the Sixth Judicial Circuit, occasioned by the death of
Judge Nelson," beg leave to report :

That the Committee have carefully examined the several
provisions of the Constitution, having reference to this sub-
ject, and can find no provision therein which gives certain
and express power to the Senate to control an appointment
of this character by way of advice and consent. If the 10th
and 11th sections of Article 2, grant any such power by im-
plication, the Committee think this is removed by the terms
of the 5th section of Article 4, which appears to be very
strong and clear in its language. Section 5, of Article 4 of
the Constitution of 1864, did expressly provide for the ad-
vice and consent of the Senate in filling such vacancies.
The Committee think, had it been the intention, of the fra-
mers of the Constitution of 1867 to continue this power in the
Senate, it would have so provided, inasmuch as they did
give the power of confirmation or rejection to the Senate, by
section 40 of Article 4, in the case of appointments to fill
vacancies in the office of Judge of the Orphans' Court. The
Committee are also further confirmed in the opinion herein
expressed, by the case of Cantwell vs. Owens, reported in
14th Maryland Beports : this case appearing to the Commit-
tee very conclusive upon the point involved, in the Governor's
communication.

All of which is respectfully submitted,
J. M. MILLER, Chairman.
JAS. H. GROVE,
W. KIMMEL,
G. FRED, MADDOX,
DANL. M. HENRY,

Which was read and adopted.
On motion by Mr. Miller, it was,

Ordered, That the Secretary of the Senate transmit to his
Excellency, the Governor, a copy of the Report of the Com-
mittee on Judicial Proceedings, in reference to the question