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[Document B.]
BY THE HOUSE OF DELEGATES,
January 6th, 1860.
Eead and 5,000 copies ordered to he printed.
MESSAGE
OP THE
GOVERNOR OF MARYLAND,
TO THE
GENERAL ASSEMBLY
JANUARY SESSION, 1860.
ANNAPOLIS :
ELIHU S. RILEY.
1860.
MESS^Q-E.
i"i mmm»4>fjf:t!tLSiim'mty*
Gentlemeit op thb Senate
ANp 01 THE House op Delegjates:
I cordially welcome you to the discharge of the high and
important duties which devolve upon the General Assemhly,
after the long interval which the Constitution has placed he-
tween its sessions. The fast increasing population of our
State, the rapid extension and variety of her interests, the
development of her resources, and the protection and encour-
agement to enterprises, needed for progress in her commerce
and manufactures, in her mining and agricultural interests,
seem to require the more frequent assistance of the Legislature^
whose attention is, from the |peculiarities of our system and
position, constantly taxed hy the needs of local legislation and
private laws, to the postponement, and even exclusion of great
public measures, affecting the interests of the whole State.
Since the adjournment of the last General Assembly, the
question of calling a Convention to amend or alter the 'Con-
stitution of the State was, in pursuance of the law passed to
that effect, submitted to the people, who, on the 26th day of
May, 1858, by a majority of 8,924 votes, decided against the
propriety of that measure.
The votes in favor of calling such Convention were 15,352,
against it 24,276, in the aggregate making 39,628 ballots, and
showing, from the whole number, that there were many citi-
zens who did not think it worth while to express an opinion
upon so important a question.
This resolution has, therefore, made more than ever impor-
tant the short period prescribed by our fundamental law, at
long intervals, for the grave duties of the law making power.
The experience of the past renders economy in the use of that
short term indispensable ; and all dispatch that is consistent
with proper deliberation in passing laws, is made more than
ever imperative by the acknowledged necessities of the pub-
lic f fif mo^i
To you, gentlemen, recently elected by tbe people, fresh
from among tliem, aware of their needs, and representing
their wishes, the particular wants of your respective constitu-
encies are doubtless sufficiently well known. But there are
other requirements of the State, and remedies needed, to which
it is my duty to call your attention, in pursuance of the obli-
gation imposed on me by the Constitution, to "inform you of
the condition of the State, and recommend to your considera-
tion such measures as I may judge necessary and expedient."
Foremost in importance, because of its relation to the pub-
lic faith, is the condition of the State finance* ; and it is
satisfactory^to be able to declare that the State is, in this re-
spect, in a position that abundantly testifies to the wisdom of
the legislation which has secured such result, and the faith-
fulness of the officers who control her Treasury.
The report of the Comptroller, addressed to me during the
recess, exhibited the condition of the State on the 30th of
September, 1858; by which it appeared that the whole Funded
Debt of the State, as of that day, was nearly fifteen millions
of dollars, ($14,862,510.26,) against which is to be reckoned
the four millions of the Sinking Fund, showing the amount
on which the State now pays interest to be about eleven mil-
lions of dollars.
This amount, under the operation of the Sinking Fund, is
constantly diminishing, and every citizen may refer with
pride, as well as satisfaction, to the certainty thus shown, of
the ability of the State, not only to regularly meet her accru-
ing obligations of interest, and her responsibilities to the pub-
lic creditor, but of rendering her securities yearly more valu-
able, by the gradual absorption of them, and their final ex-
tinguishment, if we will only persist in the prudent financial
policy which has led to these results.
The Sinking Fund was still further increased during the
year ending on the 30th of September, 1859, to the aggregate
of more than four and a half millions, ($4,582,975.22;) and a
comparison of these with the previous figures, showing an in-
crease of $359,701.45, demonstrates that a few years' continu-
ance will entirely discharge the indebtedness of the State.
That indebtedness for years, hung like a heavy burden on the
people, whose representatives were induced to lay so heavy a
charge upon them, in the hope of developing the resources of
those regions through which the great works of public im-
provements were to pass, as well as in the intention of making
investments which should be profitable to the State, or at least
return to her Treasury the sums drawn thence for interest to
her bondholders. In this hope, so far as the great Railway
which unites her chief seaport to the West^ is concerned, the
confidence of her legislators was and is completely justified ;
and her investm^ts in Bank stock haye boeA pro^tabl^irhili^
the arrangements which settled the indebtedness of some
other works of Internal Improvements have, thus far, pre-
vented their since becoming a burden upon the Treasury. —
But nearly fifteen millions in amount of the capital and
credits belonging to the State, equal to her whole indebted-
ness, consists in unproductive and inactive capital, from which
there seems to be no hope of realizing anything under the
present state of affairs. Of this amount, of fifteen millions
of dead capital, for which the State gets no return, more than
fourteen millions represent the indebtedness of the Chesapeake
and Ohio Canal Company for stock subscriptions ($5,000,000)
and for arrears of interest ($7,497,814.29), paid by the State
thereon, to which is to be added two millions of dollars in bonds.
Nor does there seem, from the report of the President and
Directors, any prospect of reimbursement. On the contrary,
there appears, from the experience of the past, a certainty
that the arrears must go on to accumulate, and the original
subscription of the five millions continue to remain worthless
to the State. Under such circumstances^ if I thought the
Constitution permitted a transfer, I should not hesitate to
recommend a sale of that work, or of the State' s interest therein,
since such a course has been adopted with the most satisfac-
tory results in other States. Their experience of such things
has been, like our own, that after those great and important
works of public improvement for the development of State
resources have been secured, by public aid, the most profitable
results and economical management of them are surest when
governed by those considerations only which control all
other investments for profit and return.
The provision of our Constitution that so soon as the pub-
lic debt shall be paid ofi", it shall be the duty of the Legisla-
ture to cause to be transferred to the several counties and the
city of Baltimore, stock in the internal improvement com-
panies, equal to the amount respectively paid by each, toward
the erection and completion of said works; and the inhibition
upon any further State subscriptions to any other interna]
improvement companies, while it, in my opinion, forbids,
meantime, the sale or transfer of any stock then (and now)
held by the State, in any of the then internal improvement
companies, would not, so far as I can learn, prevent the Gen-
eral Assembly from making the Canal more available to the
Treasury, by a lease for a term of years or, by some other ar-
rangement with some responsible parties, under proper legal
safeguards, by which that great work might be rendered at
least not useless or unprofitable.
We have had lessons sufficient to teach us the folly of em-
barking in enterpriseis which hold out no inducement of re-
turn, even if ve were not restrained by the Constitutional in-
hibition that " the credit of the State shall not he given or
loaned, in any manner, to or in aid of any individual^ associa-
tion or corporation, nor shall the General Assembly have the
power, t* any mode, to involve the State in the construction
of works of internal improvement, or in any enterprize which
ahttU involve the faith or credit of the State ; or make any ap-
proprjationi therefor."
The State's active and productive capital and credits
amount to more than eight millions of dollars. Of this sum
nearly four hundred and seventy thousand dollars, ($468,-
406. 6C) consists of stocks of various banks, upon which the
annual dividends have amounted to nearly thirty-eight thous-
and dollars, or eight per centum annual return. Three mill-
ions of dollars are in the shape of preferred stock in the Bal-
timore and Ohio Kail Eoad Company, upon which six per
oent. interest is assured, meeting the yearly indebtedness of
the State therefor ; five hundred and fifty thousand dollars in
stock of the Washington Branch of that Koad pays from nine
to ten per centum ; while the six hundred and eighty -five
thousand Bii hundred dollars invested in the stock of the
Ohio Bead have, under the judicious economy of the present
management, yielded a regular, and promise a constant re-
turn to the Treasury. If to these sums we add the payments
by that Company for one fifth of the receipts from passengers
over the Washington Branch, about $76,000 yearly, we shall
find, that of all the investments the State has made, none
have been more profitable, even in the return of money, than
the sums subscribed and advanced for that great enterprise,
without which we should have no share in the trade or travel
of the great West. The management of that great corpora-
tion, its rates of freight, its tolls, indeed, all its policy are
highly important to the State for civil, as well as financial,
reasons; and it is gratifying to see the results set forth in the
late report of the Board, which presents decreased working
expenses, full maintenance of its rolling power, and dimin-
ished number of accidents, as the consequences of a more com-
plete system of reform, although inaugurated at a period of
low rates of transportation, and lessened commercial move-
ment. From the promised increase of trade, the new induce-
ments and advantages offered, and from perseverance in a
proper economy, with the experience and recognized ability of
its present management, the most favorable results may be
confidently anticipated.
The total receipts into the Treasury for the year ending
on the 30th September last, were one million two hundred
thousand five hundred and fifty-two dollars and seventy-seven
cents, while the whole amount of disbursements for the same
period was one million one hundred and twenty-nine thousand
ihree hnndiad and sixty-nine dollars and sisty-t-^x) c»n1a.
The near coincidenoe of these amounts, while they should
prevent anj other than necessary appropriations, indispens-
able for the public service, warns also against any immature
reduction of the direct tax. After years of heavy impost,
cheerfully borne, to respond to engagements, and uphold the
the plighted faith of the State, a wise economy in the Legis-
ture, the gradual increase of wealth in the State, the develop-
ment of her resources and the activity of her citizens, enabled
the General Assembly of 1856 to reduce the direct tax one
third. It is now but one tenth of one per cent ; an impost
that is hardly felt, and upon a basis of taxation which, (ex-
cept in the city of Baltimore, where a new assessment has just
been completed) confessedly does not represent the increased
or new values of land, and of all other property.
In view, therefore, of the needs of various public institutions,
the necessities of some of which, as of the Penitentiary for
the suppression of crime, and of the Hospital for the proteo-
tion of the Insane, are of the most pressing character; and
which can no longer be postponed without discredit and dis-
honor^ I do not feel at liberty to recommend a reduction of
80 light a State tax as that which now weighs upon no inter-
est unduly.
When I had the honor of addressing the General Assem-
bly, on assuming the duties of my place, I called their atten-
tion to the provisions of our penal code, the insufficiency of
the punishment awarded to some offences, the absolute impu-
nity secured to many; its unjust, indiscriminating severity
against others, its inadequacy, and the urgent necessity for
reform in this matter. I respectfully renew those suggestions
to you, and earnestly call upon you to make such changes and
reforms, as shall to you, the rightful judges, upon inquiry,
seem expedient to be made in the Act of 1809, and its various
supplements.
The report of the Commissioners to codify the Statutes of
Maryland, now about to be laid before you, offers a suitable
opportunity for, and invites the introduction of those changes,
which are indispensible to make our laws comport with the
requirements of this present day; with the progress society has
made since its enactment; with the demands of humanity and
mercy, looking to the cure and prevention of crime, as well as
of justice, in the punishment of the criminal.
I see no reason why there should not be shorter terms of
service in the Penitentiary than two years or eighteen months,
the minimum now allowed by law; at least as long as we have
no House of Correction for the offences of lighter grade. And
I fail to perceive the necessity or the propriety of that enact-
ment which prevents, in all cases, the discharge of convicts
between the months of October and April.
The design and intention of this was of oointse humane* It
was that the necessities of the inclement season mighf not tempt
a discharged convict to a renewal of his offence. But if the
fresh memory of his imprisonment, the fear of its renewal,
and the lessons then learned (if any) for good during his in-
carceration, cannot prevent an immediate repetition of his
oflence, the only result of that provision, upon principle and
hy experience, is to overcrowd the prison, at a season when
the cost of maintenance and clothing bears hardest upon its
finances.
Better far would it be to require, in all cases, such extra la-
bor as is now willingly rendered by many, during their term,
to be paid for at the discharge, and sufficient to secure the
transit of the party to some region where labor Would be more
renumerative and temptation less frequent.
In other States it has been found advantageous to allow
terms of service, for the smaller offences, so short as six
months; and no ill results have come of this, even in New
York, where, after so short a term and a return to that great
and overcrowded city, with its multiplied temptations, evil
influences and chances of escape, recommitments, it seems^
are not more numerous, in proportion, than they are with us.
Indeed I am satisfied that in those cases where a reform is
possible, a short term for the lesser offences is more advanta-
geous; since, by it, a sufficient opportunity is given the crim-
inal to know the horrors of seclusion, while his term is not
so long as to induce despair; to blot out all good by evil as-
sociations, or to indurate him, and destroy pride or lingering
self respect and the chance of reform. To punish small thefts,
in all cases, with a term of eighteen months or two years is,
in my opinion, imjust; and I felt compelled to interfere in
some cases of this kind, where the law worked gross injustice;
in one, especially, where though it was known at the trial
that the petty theft was committed by one unable to procure
work, surrounded by children crying for bread, to save whom
from starvation a brass coupling was purloined, the term of
eighteen months was given as the shortest allowed by law.
It seems to me it would be better to punish a first offence
more lightly, and more justly; so as to prevent a second,
which, thus committed against full warning, should be visi-
ted in all cases more for the safety of society, than out of con-
sideration for the criminal who had thus shown himself inca-
pable of, or unwilling to reform.
But I still think the increase of crime amongst ns, which is
undeniable, and which goes on to increase notwithstanding
these severe enactments, is to be attributed not more to these
defects, to which your attention has been invited, than to the
unwillingness of those whose duty it is to apply them. Some-
times this may arise from too much severity in the law; for an
unwillingness to visit a dreadftil penalty, on a light offence,
under extenuating circumstances, or for the first time com-
mitted, is not unnatural.
But, ordinarily, there is too much leniency shown to crime,
too little regard for the welfare and safety of society; and it
would not be difficult to name instances where the trivial
sentence unwillingly pronounced, against a flagrant outrage.,
seems to offer inducement to crime, rather than terror for its
commission.
An effective law against the carrying of concealed weapons
is loudly called for. It is an offence that ought to he pun-
ished with a severity that will abolish this pernicious custom,
which offers constant temptation to, and the ready means of,
murder or deadly brawl; upon every occasion where men are
excited by drink, or passion, or the heat of political opposi-
tion.
The frauds upon the elective franchise form a common sub-
ject of complaint in different parts of the State. The provi-
iions of the Constitution and the Statute Book are found
insufficient to prevent, what ought undoubtedly to be regarded
as, one of gravest offences against the sovereignty of the State
and the highest rights of the citizen.
It is unquestionable that in those counties bordering upon
neighboring States, and in our large and populous city, as in
every other in the country, which is without proper safeguards,
fraudulent votes have been cast, at all our elections, by
some dishonest persons who are residents; and by non-
residents who, of course, are not by law competent to vote;
and who take their chances for security or impunity in the
great crowd, or in the fact of their residence beyond our jur-
isdiction.
It has always been thus, and so it will continue to be, a
growing evil of great enormity, until some thorough, efficient
remedy shall cut up the root of it — shall prevent the use of
money or intimidation at our elections; shall precisely define
those who alone are competent to exercise the elective
franchise, and shall deter, by adequate punishment^ any at-
tempt by those not so ascertained, to defeat and defraud the
just expression of the popular will. To these should be
added, if the remedy is to be co-extensive with the evil, pro-
visions for the ascertainment of residents within each election
district, ward or precinct; for closing, on days of election, under
penalty of a fine and the annulment of its license, each place
for the sale of spirituous and intoxicating liquors; and which
should provide for the instantaneous arrest and detention of
all who should be shown to exhibit arms or deadly weapons
near any place of voting, or who should attempt to hinder or
obstruct free access thereto.
The condition of the arms and weapons of war belonging
to the State, whieh have been from time to time received in
2
10
the distributions by the Federal Government, demands your
attention.
The reports from the armorers at the State armories at
Frederick and Easton, shown in connection with that of the
Adjutant-General, are herewith submitted.
By the law, as it at present exists, the Adjutant-General is
required to furnish arms, when applied for, and when availa-
ble for that purpose, to all volunteer uniformed companies.
At various times, resolutions have been passed by the General
Assembly, directing the furnishing of stands of arms from the
State armories to different academies, for the purpose of mil-
itary drill, or to companies in various parts of th© State,
without requiring any bond for safekeeping or return. The
result of this has been, the waste and squandering of the
public arms, without any corresponding benefit to the public
service; and the useless stripping of the armories left thus
unprovided for cases of emergency.
We have seen in events lately transpiring upon our own
borders, cause and "warning for prompt legislation in this
matter.
Notwithstanding the requirements ©rthe first Section of the
ninth Article of the Constitution, by which it is made the duty
of the Legislature to pass laws for the enrolment of the mil-
itia; to provide for the districting the State into divisions,
&c. , and to pass laws for the eff'ectual encouragement of vol-
unteer corps, by some mode, which may induce the formation
and continuance of at least one volunteer company in every
county, and Division in the city of Baltimore; yet, with the
exception of the act of 1853, chapter 343, relating exclusively
to that city, no law has been passed by the General Assembly
to this end. At the session of 1856, an effort was made to
re-organize the military; a bill was introduced, but was not per-
fected, and failed to become a law by reason of the press of
other, though certainly not more important, business.
It is of great importance to our security and the safety of
our institutions, that the military arm should be in constant
readiness for effective service; and though they are the most
fortunate governments, which never need its assistance, we
are admonished that the best preventive of disaster is the
being forearmed against its coming. I respectfully invite
your attention to this subject; and to the necessity for a thor-
ough re-organization of the State militia; provision for the
retaining always in the State arsenals a given number of
arms of each kind, and a recall of all arms heretofore distrib-
uted to academies or companies, in which they are not now
in actual use. I have already taken such measures as I
thought the Executive empowered to adopt, and have collec-
ted and had returned to the care of the Adjutant-General
here, a considerable number of arms belonging to the State.
11
I have observed witli satisfaction, tliat in some of the coun-
ties, the permissions granted to free negroes to bear, or
keep arms, has been revoked by the Judge of the Circuit
Court; and I again call the attention of the G-eneral Assem-
bly to the necessity, now greater than ever, for further legis-
lation in regard to the free negro population in many of the
counties. In the large city and towns, and in the counties
in the Northern portion of the State, this evil is not felt as it
is in the lower counties, on both shores, where the community
is taxed to support their idleness and vagrancy, and is sub-
ject to their pilfering, and the ill effects of their evil example
on the servile population. A law which should require every
free negro to be engaged in some employment or business; or
be bound out, under proper safeguards, protection and wages,
just treatment, and the liberty of change and choice that is
theirs, is among the wants of the people of this State.
The people of the counties upon the Bay have had great rea-
son to complain of the infringement of their rights, and inva-
sions of their property, by adventurers from other States, who
openly violate the statutes, which protect the privileges of our
citizens, in the waters and tributaries of the Chesapeake. The
fisheries have always been important; and as a great portion
of the labor of securing and curing fish had to be done on the
shore, rights there were early settled, and are rarely now dis-
turbed. But the trade in oysters is one which is compara-
tively recent; and which has, since the means of rapid con-
veyance to the West are perfected, grown to an extent and im-
Eortance, hardly credible to those who have not seen the proofs,
large numbers of families now depend upon it, and the suc-
cessful prosecution of this traffic has opened a new source of
wealth and employment to whole communities.
The G-eneral Assembly has, at various times, passed laws
prohibiting the use of improper instruments and modes of
taking them, by which as many more are destroyed in the
beds; and has inhibited, under severe penalties, of confiscation
of the offending boats, the taking of oysters within the waters
under Maryland jurisdiction, by non-residents and persons not
thereto licensed or authorized. The validity of these enact-
ments has been upheld by the Supreme Court of the United
States, (18 Howard Rep.,) which has declared the competency
of the State authority in this matter. But these enactments
fail to render the protection needed for this interest, by
reason of the easy escape of oflending vessels, and the difficul-
ty of detection. The few captures that have been made, have
been secured by the sudden appearance of an officer, on board
a steam-vessel, which cut off the hopes of escape; and this has
suggested to me, that a most efficient and complete protection
to our citizens and their rights, could be given by the purchase
or building of a small steamboat, fitted for this service; which,
12
manned by proper officers, could "be always on the alert, and
would soon clear our waters of these marauding intruders.
The expense of this would be far more than trebly reimbursed
to the (State, immediately and directly, by the imposition of
a trival tax, or duty, upon the State license to take oysters
within named limits, which would be issued only to residents;
and, without which, any person or boat found so engaged would
be liable to the penalties now imposed. Some small tax, as
for instance of a few mills per bushel, would be gladly paid
in return for such exclusive privilege and protection; and
there can be no just reason why a fund thus raised, should not
be devoted, as in the case of the Tobacco Fund, to the uphold-
ing so important an interest.
By the provisions of the Constitution, no lottery was to be
drawn in this State after April, 1859.
It was thought that this provision, with the penal enact-
ments made against the sale of tickets, in lotteries not author-
ized by this State, (which then received a large sum annually
for the continuance of this traffic,) would suffice for its sup-
pression. But it has been decided by one of our Courts, that
these enactments do not apply; and that there is no penalty or
punishment provided for the infraction of this Constitutional
prohibition. It is for this General Assembly, with whom the
responsibility rests, to determine whether this prohibition
shall be vain, and the traffic in lottery tickets continue
among us.
In June last, Emanuel Myers, a citizen of this State_, residing
in Carroll county, duly appointed agent and attorney for the
owners of certain runaway negroes, who had fled into Cum-
berland county, in Penntylvania_, and were residing there,
not far from Carlisle proceeded to that place; and finding
there that the United States Commissioner had shortly
before resigned his place, and that there was no one then to
issue the proper warrant, under the Fugitive Slave Act of
1850, took the negroes peaceably, as he had a right to do,
brought them into this State, and delivered them to their
owners in Frederick county. Thereupon the sheriff of Cum-
berland county, in Pennsylvania, with a warrant issued by a
justice of the peace in Pennsylvania, upon the oath of a free
negro, changing Myers with kidnapping, came into this State,
and, at Westminster, concerted a plan with the driver of the
mail stage from that place to Littlestown, (Pa.,) by which
Myers, who resides immediately on the State boundary line,
was decoyed, by the false pretence of a letter held up for him,
over into Pennsylvania; and there, but a few rods from his
house, whence his family witnessed the outrage^ was sudden-
ly seized by the Sheriff of Cumberland county, who roughly
treated, bound him and hurried him to jail at Carlisle. An
indictment was found against Myers and others, for kidnap-
13
pinpr, UM Ut a ccrfain Act of Assembly of Pennsylvania,
pansei'i in 1847, and the trial continued to the Novenaber term
of their Court. I made application, detailing all the circum-
stances of the case, to the Governor of Pennsylvania, for a
nolle 'prosequi, which I thought would be the proper answer
to a proceeding begun for such cause, and continued through
such incidents. This was not granted; and, considering the
importance of the rights involved to our citizens holding
slaves, which are frequently induced to run off to Pennsyl-
vania, where they are constantly aided, harbored, and pro-
tected against the lawful claims of their owners, I thought
it due to these interests to appoint some eminent counsel to
represent the State at the trial. I therefore requested Jona-
than Meredith, Esq., of Baltimore_, to proceed to Carlisle, as
Counsel for this State, to defend there her interests, and to af-
ford also the aid of his advice and counsel in the defence of
Myers. The result of the trial was the conviction of Mjers
alone, under the act referred to, which, I am informed, ap-
pears to have been framed specially with the intent to evade
the decision of the Supreme Court of the United States, in
Prigg's case, carried up by consent of the two States, upon a
case agreed_, in order to settle the rights of those whose slaves
fled into Pennsylvania to recapture them without the hindrance
of the State authorities or penal laws. An arrangement has
also been made, I understand^ since the conviction, by the
counsel of Myers, under which he ha« been discharged, upon
his own recognizance, to appear for sentence; which will not
be moved for, since he has purchased, and restored to their
residence in Pennsylvania, the slaves whom he had taken
under the guarantees of the Constitution of the United States.
The counsel for this State has sued out, by my direction, a
writ of error from the Supreme Court; so that the validity of
the Pennsylvania Act, which presumes to punish as a crime
the lawful recapture in that State, under the Constitution of
the United States, of fugitives from service, may be tested in
that Court; and so that rights, which are of the highest im-
portance to our citizens, may be rindicated by the highest
tribunal in the land. I respectfully ask that you will make
an appropriation, consonant with the importance of the case,
to compensate the Counsel for the State, and discharge the ex-
penses incident to this proceeding.
The attacks of fanatical and misguided persons against
property in slaves, and the warfare carried on by certain par-
ties in the States north of us, against the rights of citizens in
those States which still retain the institution of slavery, were
formerly confined to a few; who were forced to content them-
selves with refusing assistance to, or placing obstacles in the
way of, our citizens, who proceeded to those States, under the
guarantees of the Constitution, to recover their property.
14
These attacks have now assumed the more dangerous shape,
not only of organized political conspiracies, to prevent the ex-
ercise of that right, and of refusing, under penalties and
political degradation, the assistance of their civil authorities;
but the supreme power in some of those States, bv their Legis-
lature, has passed laws, under which they have attempted to con-
vict: and have succeeded in convicting; and have threatened
with infamous punishment, and confinement in their peniten-
tiaries, those of our citizens who, upon a lawful errand, using
the means and appliances secured hy the Supreme Law of the
land, hare recaptured and taken back to the jurisdiction,
whence they had been decoyed or stolen, the fugitives whose
safe restoration is guaranteed by that law as their property.
Xo grosser outrage, no more complete and disgraceful viola-
tion, not only of good faith, but of solemn compact, and sworn
duty under it, can be imagined.
Xor have the wilder of that sort stopped here. "We have
seen a neighboring State invaded by a band of miscreants, who
attempted insurrection, and threatened the horrors of a ser-
vile war; and who have justly paid the penalty of their crime
in the forfeiture of their lives.
The G-overnor of Virginia informed me that he had reason
to believe an effort would be made, by parties in Pennsyl-
vania, to pass across our State into Yiro^inia, to reicue those
men from the custody of their authorities: and notwithstand-
ing my own repeated inquiries gave me no reason to suppose
or suspect such an attempt, I thought proper to take such
precautions as should secure the capture and detention of any
such bands, or of suspicious persons; but deemed it prudent
to take them in such mode, as should not add to the alarm
and apprehension, which some designing persons, for ends of
their own, endeavored to increase in the public mind.
"While I approved, therefore, of the steps taken by Major
General Steuart, of the Light Division in Baltimore, in de-
spatching troops to the scene of the outbreak upon receipt by
him of the intelligence; and of t'he aid rendered by the mili-
tary in Frederick county, I also directed the Sheriffs of Wash-
ington, Allegany, and Frederick counties to guard the State
boundary, on the Pennsylvania line, and along the Potomac
River, summoning to their aid a sufficient number of depu-
ties, to preserve the public order, to arrest and detain all bus-
picious persons, strangers, and others, who could not give
a proper account of themselves, or who should be travelling
armed, or in such numbers and in such manner as to excite
reasonable suspicion of the lawfulness of their purpose.
Those officers promptly acted in the matter: and the result
was a continued quiet and a perfect peace among ourselves,
which was not elsewhere secured by military parade and the
rigor of martial law.
15
Some provision sliould be made for the discharge of these
expenses, necessary for the protection of the State.
In pursuance of the provision heretofore made for retracing
and marking the Western and Southern boundary line be-
tween this State and Virginia, I appointed Thomas J. Lee,
Esq., of Baltimore county, late of the U. S. Topographical
Engineers, Commissioner on the part of Maryland, in the
place of Col. G-eo. W. Hughes, who had resigned. It was
satisfactory to be able to find one so eminently qualified as
Mr. Lee, by education and experience, for this important ser-
vice, requiring the greatest attainable exactness and scientific
precision ; and the result of the labors thus far of the two Com-
missioners, who had the assistance of Lieut. Michler, of the
U. S. Topographical Bureau, is laid before you in the report
herewith submitted. It will be necessary to make an appro-
priation to carry on and complete this work, which has been
too long left uncared for, and which can now be consummated
with a precision and certainty that will forever close all quet-
tion of title and jurisdiction.
The report of the directors of the Maryland Penitentiary ig
also herewith submitted, from which you will learn the im-
proved condition of that Institution, and the indispensable ne-
cessity, if it is to be retained, of providing at once for its free-
dom from financial embarrassment, and of making such further
provision for security and safekeeping, as the increased num-
ber of convicts require. This want has long been felt ; has
been repeatedly pressed upon each succeeding G-eneral As-
sembly, who have, in their appropriations, contented them-
selves with patching up past deficiencies, instead of meeting
the pressing demand for such relief and provision as should
make it free of such necessity. Your inspection is needed
and invited there, to satisfy you of the necessity of such mea-
sure as your wisdom may judge expedient.
The Hospital for the Insane, the Asylum for the Blind,
also have claims upon the State, which cannot be disregarded.
These noble charities have a right to support from the State.
They should be cherished and furnished with the means of
extending their usefulness, and absolute relief to the State,
which should not dole out to them some small stipend, by way
of getting rid of an import anity. Their rightful claims to
public support should be acknowledged and met, in return
for the great good and lervice they do the public.
The same remark applies to the necessity of further provi-
sion for the education of the Deaf and Dumb. Maryland is
sadly behind other States in this respect ; and a pressing de-
mand is for a law requiring a levy upon the counties and citv
for the support of this class of unfortunates.
The House of Eefuge, for juvenile delinquents, has received
aid from the State, for which it has rendered the best possible
16
return, in diverting from the paths of crime to usefulness and
industry, many who would hereafter add to the expense of
lier Penitentiary. So prudent an expenditure, and such true
economy, is that which pays for the prevention of crime; that
no appropriation ever made hj the General Assembly has
been put to better use.
Liberality in such things is the surest economy in the end;
and I respectfully recommend all these institutions, and their
claims, for such aid as the gound condition of the State finan-
ces permit, and the exigencies of the public service require.
I also submit, for your information, the report made to me
by John H. Alexander, Esq., who was commissioned to pro-
cure certain documents relating to the history of the State^
in pursuance of an Act of the last Assembly, passed on the re-
commendation of my predecessor in office. From it you will
learn the condition of this matter ; and from the report of the
Eev. Mr. Allen, whose thorough acquaintance with the Stat*
records and archives, made him the fittest person to express
an opinion, you will see the state of these, and the necessity
and propriety of some step for their future preservation and
the publication of the more important documents. Their re-
commendations deserve your consideration, and invite your
speedy action.
The last General Assembly provided for the building a
fire-proof place of deposit and Record Office, where important
documents and papers belonging to the State could be preserv-
ed, without risk from fire, which, at that session, had threat-
ened to destroy the State House. They also made provision
for the repair and improvement of the State House, and for
heating it without the risk of fires within the buikling. You
will not fail to perceive that these most desirable improve-
ments have been made, as far as the appropriation permitted,
in the most satisfactory manner. The Hall of Delegates has
been greatly enlarged; the wing in which the Library is kept
rebuilt; the Court of Appeals provided with suitable accom-
modation, and the whole building made more comfortable and
convenient. The Northern portion of the main building,
containing the Senate and Executive Chambers, needs exten-
sive repair, for which it is necessary that you should make
provision. I venture to suggest that an indispensable condi-
tion in such appropriation should be^ that the Senate Cham-
ber, with which are connected so many aisociations and Rev-
olutionary memories ; and which is ju«tly adroired for the
beauty of its proportions and decorations, shoukl in none of
these respects, and in no way whatever, be changed or altered;
that there should be only a renewal of what is useless or de-
cayed, in an exact repetition of the part taken away, so that
the room may remain as it was when the Congress of the
Confederation sat there, and on the day when they received
11
again the commission under which Washingtdn secured the
independence of the Kepublic.
The care of the State House and the public grounds is now,
by a varietj of laws, resolutions and orders, left to different
hands, not responsible to any officer having the whole con-
trol, care and responsibility. I recommend the passage of a
law, such as prevails in every State^, having a just pride in
the preservation of her Public Buildings, repealing existing
regulations, and providing for the appointment of the neces-
sary watchmen, keepers of the House, and grounds, by some
competent authority, to which they should be directly respon-
sible for the efficient discharge of their duty, and the proper
care and good order of the public property ; and making a
regular appropriation, as now, therefor, to be expended under
the direction of the appointing power.
The vouchers for the expenditures made out of the regular
Contingent Fund, at the disposal of the Executive, are ready,
with the accounts, to be laid before the Committee to be ap-
pointed for their examination ; as well as those showing the
use of the sum appropriated, as usual, in 1858, for there-fur-
nishing and repair of the Government House. It will be seen
that this was almost entirely absorbed in the repairs, which,
from lapse of time and decay, had become indispensable for
the preservation of the outside walls and the building itself.
I preferred to submit to the inconveniences of insufficient
furniture, in order that the property itself might have more
thorough repair before many of them should be too late.
The various reports and returns which have been made to
me, and which are necessary for your more complete under-
standing of the condition, in detail, of various branches of
State service, are herewith submitted; as well as certain reso-
lutions passed by other States, requesting that copies should
be laid before this General Assembly.
I have thus, gentlemen, laid before you the information I
have of the condition of the State and of the public wants.
Many of these are pressing, and will require appropriations
of considerable sums, which, applied now, will save larger
sums hereafter. The necessity for these expenditures, which
have to be met, renders economy indispensable, and strength-
ens the suggestion I have laid before you, that it would be
unwise, prematurely, to lessen the State Tax, while such
necessities exist. That is not relief which takes off a burden
for a moment, only to impose a heavier one hereafter. When
the good of the State demands it, a light one is cheerfully
borne ; especially when it is remembered that so it must be,
to enable us to keep our faith, respond to the demands of the
public service, and the claims of public charity and duty. It
is required, also, to enable the State to comply with her duties
of protection to her own citizens, and to place her equal with
3
1«
ber sister States, in progress and condition, in that great
Union, for which she sacrificed so much; which recognizes and
is bound to protect the rights of all and each ; and which will
continue, under the blessing of Providence, to work out its,
glorious destiny, despite the idle threats and vain fears of
those whose only safety is within its ample protection.
THOMAS HOLLIDAY HICKS.
Government House, January ith, 1860.
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ii fill lit il
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