1861.] OF THE SENATE. 251

EVENING SESSION.

FRIDAY, June 21, 1861.

Messrs. McKaig, and Miles, from the Committee on Judicial
Proceedings, submitted the following

REPORT AND RESOLUTION:

The Committee on Judicial Proceedings, to whom was referred
the Message of the Governor, of the 5th of June inst., in answer
to an order of the Senate, asking him "to furnish the Senate with
a statement of the facts which induced him to reclaim the arms
formerly confided to certain military companies of Baltimore
city, also with the reasons why said arms were sent by his order
to Fort McHenry," beg leave to report :

That after having given the questions involved in the message
and orders of the Governor a full and careful consideration, they
are satisfied that the Governor had no authority of law to issue
such orders, or to dispose of the arms of the State in the manner
he has done.

By the eighth Article of the Code, two armories are established
in the State, one at Easton, and the other at Frederick. It is
made the duty of the Governor, by and with the advice and con-
sent of the Senate, to appoint, bi-ennially, an Armorer at Fred-
erick, and an Armorer at Easton, to take charge of and keep in
repair and fit for use, all public arras and accoutrements in those
armories. The Armorers are each required to give bond, with
security, for the faithful discharge of their duty.

There is no charge, on the part of the Governor, that the
armories had been robbed, or that the Armorers had not done
their duty ; but he does say that the State, in addition to a pecu-
niary loss, has been deprived of the protection designed to her
citizens by the purchase of said arms.

It is manifest, however, to your Committee, that the loss refer-
red by the Governor, was sustained to the State by the neglect
of the Governor and Adjutant General to comply with the posi-
tive requirement of the act of the 27th February, 1860, chapter
188, which made it their duty that, when the arms were so pur-
chased, they should "be deposited in the armories of the State,
and distributed by the Adjutant General according to the mode
prescribed, to the several volunteer companies of the State. Not