The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-06-15

The committee on Federal Relations, to whom
ere referred the two communications fron his
xcelency, the Governor, bearing date the 9Th in
tant, having duly considered .he same, respect
llly ask leave to make the following report:
In one OF the messages in question, the Governor
Informs the House, in reply to its respectful in
uiry, that, Gas matter OF course" he has taken
10 action "to protect the citizens of the State, in
heir persons and property" from illegal arrest, |
outrage and injury, the part of the military au-
horties Of the Federal Government now ercising
nrcible jurisdiction over our people, for the reason
hat be has "rec-ived official information OF the
arrest spoken or in the order OF the House, 'nor
mas any complaint demand for his interference
been made to him. by any person claiming to have
been arrested in the manner alleged" therein.
As the House is unhappIy aware, the outrages
referred to of a character so hsgrant and no.
torious, as t. have attracted the attention and
comment of the whole press of the State and cnun-
try and to have filled with the deepest indigna-
ton and anxiety, not Oh the rejecting people of
Mary land but all good citizens throughout the
land who are not willing to sacrifice its free insti-
tuions forever, to the mad exctements and usurpa-
tCns Of the hour. 1t is safe to say that the Gov
ernor cannot have opened a newspaper, nor
have taken part in public conversation since the
adjournment of the General Asse mbly, last month,
without having had his attention attracted to the
engrossing subject which he officially ignores
In the case of Mr.. J"hn Merryngn, a respected
fellow citizen of the Governor and of ourselves an
open conflict Of authority has taken place between
upon the one hand-asserting and maintaining, as
BECAME him, the freedom of the citizen and the
Supremacy of the laws and Cnnstitution-and the
Federal Executive, upon the other hand, assuming
sovereign discretion and prerOgative to override
the Constitution and tread the laws beneath his
feet No case of such absorbing interest has ex
cited the public mind since the Union esisb-'
li-hed-none is likely to occupy prominent
place in the judicial annals Of the country,
monument of public liberty assaulted, and manful-
w, thou Oh uusuccessfully, defended.
Mr.. Merryman still lies prisoner at For
McHenry. the victim OF military lawiessness andt
arbitrary power-the great remedial writ of habens
corpns, and all the guarantees of freedom which it
embodies. having been strick down, at one blow,
for his oppression 0facts s,arting md unvet-
sally known perhaps the most conspicuous ct that
series Of extraordinary events which have crowded
into A few short weeks, more than the history of
half an ordinary centuTy-your committee cannot
sufficiently express their establishment that the
Governor of the State in the midst of which they
have occurred should require official information"
to suggest the discharge of his Imperative official
duties in the premises. Of such facts the pie
occurrence is notice to all the world-nOtice which
amounts to knowledge, where men honestly desire
to know-notice which at all events makes enquiry
official obligation, wherever a proper sense Of
such obligation exists.
The members OF the House cannot forgotten it
is matter not only of public notnriety but of Off
cial recnrd-how dilie entity, little while ago. his
Excellency gave ear to every whispered rumor OF
Maternal Capital and lay violent hands upon high
fu1ctiOnarirs of the Government. How little he
was then disposed to sickle for "ofcial'' or any
other sort of legitimate ''informaton," his own
recorded testimony before the Congressional Com
mittee of Enquiry will sufficiently certify. How
Zeaousy and with what solietude he dedicated his
talents and valuable time to the accumulation and
encouragement of the empty gossip referred to-
and how much undeserved reprGach he brought
upon the State and her commercial metropolis, by
the Importance which his official endorsement CON
ferrt on it. matters too recent to have escaped
any ones memory.
So far this committee aware. there was
then no 'ulrial complaint demand for his Ex-
celiency's 'interIerence," from any quarter. 1t
might, therefore, in the opinion of the committee,
have been fairly presumed and the House in adopt
ing its order Of June 9th. had not only the manifest
right, but was bound to presume, that occurrences
so momentnus to the people of Maryland, as the
suspension OF the hobedS corpus and the substtu-
ton OF military authority for a. government of
laws, had attracted the Governors official atteR-
ton, and had suggested to him the prnpriety and
obligation of official interp0siti1n on his
part Indeed the TACT that his Excesncys own
official proclamation of May 18th, calling out
rion o! the militia of the State, in quasi obed-
ence to the demand of the Federal Executive and
in gross violation of the policy announced by this
General Assembly, for the State of Maryland, but
the day before-was contemporary Counter
maDded, the day after, without more ado, through
the newspapers. by recruiting captain Of the o. s
army-might OF itself have been deemed sufficient
to furnish to his Excellency reasonable official
intImation, that the institutions and established
government of the State were not exactly in their
normal condition. When it is further considered,
however, that the Governor himself was personal
Y present, as this whole honorable body is aware
when venerable and prominent citizen a useful
aud respected member of this House, proceeding
tn his home from the discharge Of his official
duties here, arrested by military force, with
out color of lawful authority, and hurried into
il egal imprisonment within the walls Of Federal
fortress, your committee are at 4 lass to conceive
the extent of the evidence which his Excellencv
ight require, to give him "olciaI Information"
OF any fact whatsoever.
They cannot hope that any demonstration which
it is in the power OF this House to furnish could
add strength to the testimony of his Excelency's
own bodily senses. But believing that no govern
ment is faithful to its trusts, which does not feel
and resen. the oppression of single and the hum
best citize n, as wrong done to the State and to
every uian within its borders and believing, too,
that the Executive of MARY land clothed with all
necessary powers, and bound by his oath "to take
care that the laws BE- faithfully executed is of all
others (and especially in the absence of the Legis-
Itturr) the person upon whom the duty Of vindi-
eating the independence Of the commonwealth and
the supremacy OF its laws, TO the best of his ab-
~, devolFes; YOUR committee constrained to
regard the silence and inaction of the Governor,
under the circumstances in question, as a grave
and lneNpIicable derectoD OF public duty.
In his other message the Governor responds to
the thrice repeated and respectful solicitation of
tins honorable body, that he would be pleased to
furnish 1T with copies OF his cOrrespOndence since
the 4th of March last with officers of the Federal
Government. Al the House will remember his
Excellency was respectfully requested in its last
order OF June 5'h to communicate bis reasons for
such correspondence, should he de-
cline TO transmit ii. His response is follows,
neither more nor less:
81 have already furnished your honorable body
with copies of all correspondence between myself
and officers of the general government which |
a a hetl ibar
mittee are compelled to presume, that in his ele-
waited and honorable position, rendering dnuby
obligatory, in official Intercourse the observance
1f those c0urtesies which are an instinct among
private gentlemen, his Exceencr could not have
50 far forgotten himself, to have used the curt
language which has been quoted, with any pur-
pose OF intentional disrespect. They therefore pass
without further comment, to a consideration of the
substance of the message.
The rs h section of the Sd article of the Consti
utlon expressly provides that the II, use of Dele
yates 'may cal for al public official papers and
ecords, and send for pei whom they " Judge
necessary, in the of their enquiries concern
ny affairs relating to the public interest" IT, in |
esponse to such a call, the Governor or any other
public officer can set up his judgment, as to the |
'r"prety ct the requisItion, against the judgment
II the House, and can refuse to obey the call |
because he does not ''deem it necessary" to fur |
llsh, what the House "may judge necessary" to |
demand, 1t is quite obvious that the constitutional
provision just quoted is Dullity, and the powers
IT the House, as "the grand inquest of the State"
IRE altogether at an end
This honorable body cannot, of course tolerate |
rom any quarter, so manifest INSTRUMENTATION
o lis plain constitutional authority and the under
igned accordingly recommend the appointment of
special committee to inspect the executive records
a the custody of the Secretary of State, or else
where, with power to institute such enquiries and
ehd Tor such persons and papers as NAV be neces-
'aFy To place the House in possession of all needn't
Information, In regard to the official relations be.
ween the general government and the Executive
II the tate since the 4th of March last or since
he commencement of our unhappy national
rOubles
The undersigned assume, from the tenor of the
GOVERNORS message, that such correspondence as
his House has enquired for, has in fact taken place.
ere it otherwise, his Exceliency would of course
ave so stated, and would not have iutimated the
tse. would be purely gratuitous issue, with the
gislative Depar tment of the Government. Should
ich correspondence have been had the Execu i've
cords will nf course disclose it, if as your COM
ttee are bound to suppose, the constitutional
gs" has been faithfully discharged.
our committee recommend the adoption of the
flowing order and resolutions in conformity with
lie views above expressed.
:. T. WALLIS,
j. Fl. G0RDON,
JAMES T. BRIsCoE,
G.. w. GoLDsBOROUGH,
BARNES COMPTON,
| we omit the resolutions, having published them
eviOusly.-EDS. EXCHANGED