262 JOURNAL OF PROCEEDINGS [June 21,

distributed by the Govenor nor by his order, but by the Adjutant
General; not to individual citizens—for neither the Adjutant
General nor Governor has any power to distribute the arms of
the State amongst individual citizens, though the Governor has
illegally issued such orders, but "to the several volunteer compa-
nies of the State."

By the fifth section of the eighth Article of the Code, it is
made the duty of the Quarter Master, General, and the Brigade
and Regimental Quarter Masters, whenever they have reason to
believe that any of the public arms are not properly preserved,
or have fallen into the possession of those who have no right to
retain them, such as ununiformed associations of individuals or
disbanded companies—to cause such arms to be seized and trans-
ported to the nearest State Armory. The State has, therefore,
made ample provision for the safe keeping of all the public arms
of the State. The laws have designated the places where they
shall be kept, who shall keep them—and has provided for their
safety and their proper preservation, by requiring bond, wit^
ample security, from the Armorers.

By the act of the 27th February, 1860, it was made the duty
of the Governor and Adjutant General, to purchase for the use of
the State such number of rifles, carbines, pistols, sabers and
horse equipments, for calvary, of the most approved paterns, as in
their judgment maybe necessary; and when so purchased, it
was their duty to have them deposited in the armories of the
State; and when so deposited, the Adjutant General was re-
quired "to distribute them" in accordance with the provisions of
the one hundred and tenth section of the sixty-third Article of the
Code of Public General Laws, to the several duly organized and
uniformed volunteer companies of the State.

Your Committee report that the Governor and the Adjutant
General failed to comply with the requirement of this act by not
having the arms purchased by them deposited in the armories of
the State, and by reason of that failure, part of the arms was lost
to the State.

By the provisions of the one hundred and tenth and one hun-
dred and eleventh sections of the sixty-third Article of the Code,
"the Adjutant General (not the Governor), is required to furnish
the captain of any uniform volunteer company with such arms
or accoutrements, for the use of his company, as he may apply
for, if the same be on hand or in any of the armories of the State,
and not appropriated; provided, the company numbers at least
thirty-two men, and is duly organized and uniformed, and the
captain executes, to the State of Maryland, a bond, with satis-
factory security, in such penalty as the Adjutant General shall
approve, conditioned for the safe keeping, preservation and re-
turn or delivery of said arms or accoutrements, to one of the