1861] OF THE SENATE. 259

By the 14th section, "all civil officers appointed by the Gov-
ernor and Senate, shall be nominated to the Senate within fifty
days from the commencement of each regular session of the Le-
gislature."

Your Committee are of opinion, that in the case of filling va-
cancies provided for, under the 12th section, that is, all vacancies
which have occurred, and have been filled by the Governor, since
the 10th day of March, 1860, the Governor is bound by the Con-
stitution to send in the nominations to this, "the next session of
the Legislature."

It is true that this is an extra session, called under the provis-
ions of the 16th section, but it is still a "session of the Legisla-
ture," and recognized as such by the Constitution.

In case of a vacancy occurring during the session of the Legis-
lature, the nomination to the Senate must be made at the time of
appointment; for the 12th section confines the filling of vacancies
to those occurring during the recess of the Senate. Any
vacancy that occurs during this session of the Legislature, or has
occurred since the commencement of this session, cannot be filled
by the Governor until the Senate is in session.

The provisions of the 14th section confine the nominations to
"each regular session of the Legislature," to civil officers, ''not
military," and the provisions of this section do not apply to the
filling of vacancies.

Your Committee are therefore of opinion that the Governor was
bound by the Constitution to send to the Senate the nominations
of all civil and military officers appointed by him since the 10th day
of March, 1860, to fill all vacancies, unless the vacancy occurred
since the commencement of this session, in which case he is bound
to send in the nomination at once.

D. C. BLACKISTONE,

Chairman of Committee.

On motion of Mr. McKaig,

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

Messrs. Blackistone, Franklin, Grahame, Heckart, Kimmel,
Lynch, McKaig, Stone, Townsend, Watkins—10.

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 on the adoption of the Report.