The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1858-05-08
Che Gcril luI)is.
ELKTON. MAY 8. 1858.
THE GOVERNORS REPLY
10 The .iEiress Of tie .ii'etiag al Eastoa re-
quc.t,hg him 10 Gull an Ertrn Session.
ExsCuTIvE DEPARTMENT. }
,,1 'ES

nication delivered To me by you, on behalf of
Convention of citizens from all parts of
the Eastern Shore of the State, in which you
request me te exercise the power vested in the
Governor to convene the Legislature, for the
purpose Of making provision for the payment
of moneys due the Eastern Shore for works
Of Internal Improvement, has received from
me the consideration to which it is entitled
Ivy the character and standing of those by
whom, as well as by the importance of the i'll
tcrcsts in whose behalf it is made.
1t is due to both that | should very frankly
state the reasons which have determined my
action upon the application.
The object to be accomplished by the ses-
sion is to make provision for the payment of
claim, the justice OF which has been admit
ted by several Legislatures since 1885; has
been declared valid and binding by the late
Chancellor Of the State, and which is admitted
to be just by almost all, whose opinions upon
the matter have ever had occasion to learn.
by the Act of 1881 the sum thereby appro-
rriated -. is held sacred and the faith of the
State is pledged to its application for the ex-
elusive purpose of Internal improvements
upon the Eastern Shore" Ofthat sum there
remains an unexpcndcd balance of more than
eight hundred thousand dollars, applicable to
the objects of the act. And it remains for
me To consider how far the omission or refusal
of Legislature, who had the subject present
cl to them, constitutes a proper cause. or
occasion, for re-aSscmbling them for its ac-
cornpliShncnt.
The Governor may convene the Tegi,l turc on
extraordinary occasions; and whenever from the
presence of an enemy. from any other cause. the
sct of Government sh Ill bc.ul: an unsafe p ace
for the meeting of the Legislature he may direct
Their sessions 10 be he'd ut some other convenient
ii ce."
These are the words of the Constitution.
and according to my understanding of them,
from their connection and context, the occa-
Sions intended are such us arise in unforeseen
contingencies, or extraordinary emergencies
when, fr' m some sudden caami'y. or acct
dent, as invasion, or pcstilcncc or rebellion,
a state Of things is brought about, for which
adequate provision must at once be made by
III" l1w-ll4king power, and wllrn if this be
omitted. permanent or irrcmtdiable injury
must result to the community.
The people of this State. by continuing in
their Constitution the provision which re-
quires the General Assembly to meet but
once in two years, certainly could not intend.
i'll my opinion, that the power tc convoke
them. vested in the Governor for. extraor-
binary occasions '-ncw emergencies de-
handing new laws-Should be exercised upon
occasions which existed only because of
failure by any Legislature to carry out the
design OLA former Legislature, when the
public credit or welfare did not suffer by the
delay. Still less, it seems to me, was it in
tended that the same General Assembly
which, after consideration of q measure, had
deliberately rejected it, whether from OBJ
,"cilonS to its particular form, or to the time
"rmodc its fulfilmcnt, or from any other
cause. Should be called together 10 Reconsider
their action.
The case Of the May Session of 1885, cited
in the application, at which the Appropriation
Act was passed, was not a session convened
by the Governor, tut an adjourned session, by a
joint vote of the two Houses, who at that time
had the power of SO doing, and who were not
then restricted by the Constitution of the
State to accomplish their business within a
prescribed time. They were then made the
judges Of the proprcty of adjourning over. to
allow themselves an opportunity, during the
interval, of consulting with their constituents
and asccr;aining the will of the people upon
measures then thought vital to the interests
Of the State. and the adoption of which would
impose upon the State heavy liabilities and
risks. 1t is well known that the passage OF
those measures did impose grievous burdens
-taxaton--from which threatened discredit
resulted, and from the effects of which the
State is yet, after more than twenty years,
only recovering.
think it certain that the recollection and
pressure of these burdens, imposed at an eX-
traordinary session of the Legislature, was
the cause Of the restriction In the present
Constitution of the Governors power to con.
woke that body to " extraordinary occasions -
am Of opinion that no such occasion now
exists. However much l regret that the
Legislature omitted to provide for the pay
mcnt Of the appropriation yet due and pledged
to the Eastern Shore for Internal Improve
ments, so that that portion of the State might
derive some share of the benefits which have
resulted to other portions, from taxation
bearing upon all, yet cannot consider the
refusal Of a Legislature as such denial OF
right as to justify me in re-asscmblng them,
at great expense to the State, and incon-
,vcncncc to themselves, without reasonable
expectation of u diftreAt result. And
especially, when it is evident to me, from
frequent conversations with gentlemen from,
hat part Of the State, as well as from my own
knowledge of the wishes of the people there,
tut they are, by no means, generally in favor
othat mode of paying or using, the appro.
Patton, the rejection Of which, by the late
legislature, is the asion of the present
request. The people Of some of those coun-
tic, did not send delegates to the Convention
whrh met at Easton while others, by for.
maNvote, refused so to do, and declared them
selves opposed to such a call.
am further satisfied, from these and other
sources, that you are misinformcd when you