1861.] OF THE HOUSL OF DELEGATES. 105

to the arsenal at Frederick, the number of troops on duty
there, and as to whether they should be paid for said ser vices,
beg leave, most respectfully, to report that they have had the
same under consideration, and offer the following report:
The Governor, by the constitution, being made commander-
in-chief of the military forces of the State, the power to order
out the militia of the State when in his judgment such a
course is necessary "to repel invasion, suppress insurrection,
and enforce the execution of the laws," being conferred upon
him by said instrument, and the fact appearing in his com-
munication that to him it seemed necessary upon this occa-
sion to exercise this power, the committee do not feel called
upon at this time to go behind these facts for purposes of in-
quiry into the validity of the causes which induced the Gov-
ernor to issue the order referred to. The number of troops
upon duty is a matter upon which the Governor must ex-
ercise his discretion, as commander-in-chief, in his instruc-
tions to his subordinates. Upon the main point upon which
this committee feels called to act, viz : As to whether these
troops are to be paid, and what amount they are to receive,
the committee unanimously recommend that an appropriation,
based upon the army regulations, should be made at the
proper time to be distributed to such troops as have been
upon actual duty, as compensation for services rendered the
State. But owing to the fact that matters of grave impor-
tance are pressing upon the consideration of this Legislature,
coupled with the fact that a portion of these troops are still
upon duty, the committee recommend that the appropriation
be deferred to a subsequent session of the Legislature, when
the whole claim can be properly adjusted.

BARNES COMPTON; Chair'n,

ROSS WINANS,

WM. T. LAWSON,

D. W. McCLEARY,

B. MILLS,

M. EAKLE,

THOS. E. WORTHINGTON.

Which was adopted.
On motion of Mr. Pitts,

Leave was granted the committee on Military Affairs to
introduce a bill to provide for paying the uniforned volun-
teers of the Light Division who have been on duty in the city
of Baltimore since the 19th day of April, 1861.

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