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180 JOURNAL OF PROCEEDINGS [Jan. 26, n order to enforce in the Courts of this State their rights, whereupon the Court of Appeals by a recent opinion, not yet published, after affirming the decision of the former Court of Appeals, that the withdrawal of the annuity was a violation of a contract and prohibited by the Constitution of the Uni- ted States and therefore void—do decide against the legal claims of your memorialists on the ground that the predecessors of your memorialists had legally released the State from its ob- ligation to pay this annuity and its arrearges- by accepting' $3000 per annum under the resolution of 1832. This opin- ion, your memorialists, though reluctlantly, as also in duty bound to this institution, desired to have reviewed by the Supreme Court of the United States, and have taken some initiatory steps to accomplish that object, but their action in this matter has not yet been determined. To their own feelings as Marylanders they will be doing violence in seek- ing redress for the wrongs of the oldest. Maryland Literary Institution in a tribunal beyond its jurisdiction and territory, and before they take that course your memorialists, are anx- ious to do all in their power to repair the losses sustained by the College through the unwise and joint action of their own predecessors and the predecessors of your Honorable Bodies. in enacting and executing this resolution of 1832, however important or necessary at that time they may have deemed it to be. Your memorialists feel that they specially represent the interest of the State in her most venerable college, and are solemnly bound to present its -wrongs and its wants to the General Assembly of the State in order that they may sup- ply the latter and redress the former; that like your Honor- able Bodies they are mere public servants discharging public duty for the public good. Your memorialists further represent that. shortly after the rebellion broke out their buildings, grounds, &c., were taken by the Government of the United States as. a military hos- pital and. for other military purposes, and so retained, during the war. That your memorialists still continued, nevertheless, the gratuitous education of the students required to be so edu- cated by law, for some time in one of the College build- ings, and when that could no longer be retained, in a build- ing rented for that purpose in the city. That their buildings and grounds have now been restored to them, (except the sites of .some temporary buildings erected by the Government—now about to he sold,) and they can, in & short time, if the College had the means, be fully prepared |
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Proceedings and Acts of the General Assembly, 1866
| Volume 107, Page 754 View pdf image (33K) |
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