220 JOURNAL OF PROCEEDINGS [June 19,

acts of Tench Tilghman, as Major General of the Second Division
of Maryland Militia," and the petitions protesting against the
same, beg leave to report, that we dissent from the majority
report of said Committee.

The said Tench Tilghman received from the Governor of the
State a commission of Major General on the 27th of July, 1860.
Article 68, section 10, of the Code, declares that any person who
shall decline or neglect to take and subscribe to the oath, as pre-
scribed by the Constitution, within thirty days after receiving his
commission, shall be deemed to have refused acceptance of said
office; and as it is evident, from the endorsement on the commis-
sion of the said Tench Tilghman, that he qualified before a Jus-
tice of the Peace on the 1st day of October, 1860, and before the
Clerk on the 23rd of April. 1861, it is evident that the office was
vacant before said Tilghman qualified before the Justice of the
Peace. By the Constitution of the Slate, section 11, the power
to appoint all military officers is vested in the Governor, with the
advice and consent of the Senate. We therefere recommend that
the bill do not pass.

S. J. BRADLEY,
JOHN G. STONE.

Which was read.

Mr. McKaig moved that the majority report be concurred in.

Mr. Stone moved as a substitute:
The concurrence in the minority report.

On motion of Mr. Franklin,

A call of the Senate was ordered, when the following Senators
answered to their names:

Messrs. Blackistone, Duvall, Dashiell, Franklin, Goldsbor-
ough, of Talbot; Heckart, Kimmel, Lynch, McKaig, Miles,
Smith, Stone, Townsend, Watkins, Whitaker—15.

The Sergeant-at-Arms returned, and reported that he had noti-
fied the absent Senators that their attendance was required at the
Senate chamber.

The question was then taken upon the minority report, as a
substitute for the majority.

The yeas and nays being demanded, appeared as follows:

AFFIRMATIVE,

Messrs. Goldsborough, of Talbot; Smith,

Kimmel, Stone—4.