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greater importance, the true construction of the executive powers of the state, remain suspended before the people.

In order to diffuse such information as may assist the public in deciding with justice to the parties and security to themselves; A Civil Officer has caused to be printed in a pamphlet the different publications which he had offer?d under that signature in vindication of the conduet of the governor, together with those writings at large of his opponents which he had seen or anywise alluded to,,

Whilst he professes an anxiety to explain satisfactorily the motives of the conduct of the governor, he is not less disposed that the question should be determined on principles independent of personal considerations. Any asperities which may have escaped him in the warmth of controversy, cannot be justified, even by provocation, for he afted uniformly under the impression, that difference of political opinion is more frequently the result of attachment to, than dereliction of, the principles of moral re&titude.


of Maryland. April 14, 1803.




RESOLVED, That the governor, by and with the advice and consent of the council, be and he is hereby authorised and requested to appoint three commissioners on the part of the state of Maryland, to meet such commissioner or commissioners as may be appoint, ed on the part of the state of Pennsylvania, and also on the part of the Susquehanna canal company, at such time and place as may mutually be agreed upon, to digest and prepare such plan or compact for the further and effectual improvement of the navigation of the river Susquehanna, as may appear most conducive to their joint interests, which plan or compact, when reported to, and ratified by, the succeeding legislatures of the two states, shall be mutually binding and obligatory.

Resolved, That the governor be and he is hereby requested to forward the aforegoing resolution to the governor of the state of Pennsylvania.

RESOLVED, That the governor, by and with the ad. vice and consent of the council, be and he is hereby authorised and required to make such compensation to the commissioners to be appointed by the aforegoing resolution, when they shall have executed the duties therein prescribed, as he shall deem just and reasonble, by order drawn on the treasurer of the western

shore, who is hereby directed to pay the same out of any unappropriated monies in the treasury.

THE Resolutions of the Legislature of Pennsylvania on this subject, and the Letter of the Governor of that State to the Governor of Mary: land, enclosing them, and bis Reply, will appear in the Appendix.


Monday, January 10, 1803.

I HE clerk of the Senate delivers the follow. ing letters and the following resolution:

Council CHAMBER, January 10, 1803, GENTLEMEN, IT will appear, by the papers enclosed, that on Sa, turday evening the council thought proper to meet, and during my absence to act upon your resolution of the 5th January, 1803, to appoint three gentlemen as commissioners on the part of this state to meet commissioners on the part of Pennsylvania and on the part of the Susquehanna canal company, and to notify to them their ap. pointments, to which notifications answers have been received. As this is wholly repugnant to what I consider as the letter and spirit of the resolution, I have deemed it my duty to submit this morning a nomination of Alexander C. Hanson, Gabriel Duvali and John T. Mason, Esquires, as commissioners on the part of this state, under your resolution. On this submission the council have refused to act, and as their whole conduct appears to me so flagrant a violation of your resolution, and so personally disrespectful to myself, I consider it as my duty to submit the whole to the legislature. With the most entire respect and perfect esteem,

I have the honour to be,
Your obedient servant,

The honourable the President of the Senate,
and Speaker of the House of Delegates. S

SATURDAY, January 8, 1803.

Post MERIDIEM. The Council met. Present the honourable Francis Digges, Allen B. Duckett, Edward Hall, Reverdy Ghiselin and Davidson David.

The board having under consideration the resolution empowering the appointment of three commissioners on the part of this state to meet such commissioner or commissioners as may be appointed on the part of the state of Pennsylvania and on the part of the Susquehanna canal company, to settle and adjust, by mutual compaet, such measures as may be most effectual for the improvement of Susquehanna river.

Whereupon RESOLVED, That Alexander Contee Hanson, James Houston and John Montgomery, Esquires, be and they are hereby appointed commissioners on the part of this state in pursuance of, and for the purposes mentioned in, the said resolution.

By order,

NINIAN PINKNEY, clk. Coun. COUNCIL CHAMBER, Ioth January, 1803. Gentlemen, HIS excellency the governor having communicated to the council a letter addressed by him to the general assembly, on the subject of appointments made by the council on Saturday evening, in his absence, the undersigned deem it a duty they owe to themselves to state the circumstances of that transaction. It was discover. ed on Saturday morning, in the course of conversation, that a difference of opinion existed between his excellency and the council, with respect to the persons to be appointed on the part of this state to meet commissioners to be appointed on the part of the state of Pennsyl. vania and the Susquehanna canal company respectively. With a view of obtaining a coincidence of sentiment on this subject, and in order to have a full council, (one of the members intending to leave the city the next day,). an adjournment till 5 o'clock P. M. of the same day, was,

in the presence of, and the approbation of, the governor,
agreed to. At that hour the council met, and after having
waited until all expecłation of his excellency's att.nd.
ance was exhausted, proceeded to make the appointments,
The undersigned solemnly aver, that in this proce-
dure they neither intended, nor do they feel themselves
justly chargeable with, the slightest degree of personal
disrespect toward the governor. The general assembly
cannot fail to perceive, that the real difference between
the governor and i he council, is with regard to the right
of nomination. The undersigned believe, that ever since
the adoption of the constitution of this state, this right
has been exercised concurrently by the governor and the
council, and the undersigned will be permitted to add,
that in their opinion the construction of the constitution,
thus evidenced by the practice of every former execu.
tive, is a correct one. Were the right of nomination
exclusively veșted in the governor, the undersigned can.
not suppose, that the governor, whoever he may be,
will nominate any other than such persons as he himself
wishes to be appointed. A construction that " the ad.
vice and consent” of the council is thus limitted to the
governor's nomination, would in effect be conferring upon
the governor a negative upon all appointments, and
would reduce the constitutional powers of the council
to a simple assent to the governor's propositions. The
undersigned submit this diversity of opinion between
his excellency and the council, as to their respectars
powers, to the wisdom of the general assembly.
· And are,

With the highest respect,
Your obedient servants,


Which were reade

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