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Proceedings of the Senate, April Special Session 1861
Volume 429, Page 254   View pdf image (33K)
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254 JOURNAL OF PROCEEDINGS [June 21,

If the Governor is to be justified in the orders he says he has
given, then the right of our people to "a well regulated militia,
as the proper and natural defence of a free government," and the
statute laws of the State, are all to give way and be disregarded
whenever the Governor "becomes satisfied," and so orders.—
Yield in this matter to the Governor, and he becomes a military
despot, and the citizens of Maryland an enslaved people.

The Governor says, also, in his message, that he "cannot act
knowledge any right on the part of the Senate to make such in-
quiries." If the Governor be right in assuming this position,
which your Committee utterly deny, it follows as a necessary con-
sequence, that the Governor of the State of Maryland can violate
all the statute laws of the State, and there is no power in the
State to question his authority or stay his hand.

Your Committee are of opinion that this is the first time in the
history of Maryland, that such powers have been claimed by any
Executive officer of the State, and that it is the imperative duty
of the Legislature to make a direct issue with the Governor on
the powers thus claimed, and to confine him to the exercise of
the powers and duties confided to him by the Constitution and
the laws.

The undersigned recommend the passage of the following Joint
Resolution:

Resolved by the Senate and House of Delegates of Maryland,
That the Governor be requested to return to the armories of the
State, the arms which have been removed by his order from said
armories, and deposited in Fort McHenry, or placed in the hands
of ununiformed companies, or associations of individuals; and that
he return to all regularly organized and uniformed volunteer com-
panies, of the State, the arms reclaimed from them, or either of
them, by his order.

THOS. J. McKAIG, Chairman;
O. MILES.
Which was read.

Messrs. Goldsborough, of Talbot, and Smith, of Carroll, sub-
mitted, as a substitute, the following

REPORT:

The undersigned, a portion of the Committee on Judicial Pro-
ceedings, to whom was referred the message of the Executive
respecting the return of the arms of the State furnished certain
military companies in Baltimore city and elsewhere, and the rea-
sons why the same have been sent to Fort McHenry, beg leave
to report—

That after having carefully considered the same, they are of
opinion that the Governor has in this matter acted within the


 

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Proceedings of the Senate, April Special Session 1861
Volume 429, Page 254   View pdf image (33K)
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