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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 offered under that sig nature in vindication of the conduct 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 acted uniformly under the impression, that difference of political opinion is more frequently the result of attachment to, than dereliction of, the principles of moral rectitude.

April 14, 1803.

A CIVIL OFFICER, of Maryland.

RESOLUTIONS

OF THE

GENERAL ASSEMBLY

OF

MARYLAND.

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 appointed 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 advice 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

1

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 Maryland, enclosing them, and his Reply, will appear in the Appendix.

HOUSE ON DELEGATES.
MONDAY, January 10, 1803.

THE 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 Saturday 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 appointments, 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 Duvall 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,

GENTLEMEN,

Your obedient servant,

JOHN F. MERCER.

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

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 compact, 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, 10th 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 discovered 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 Pennsylvania 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 expectation of his excellency's att ndance was exhausted, proceeded to make the appointments, The undersigned solemnly aver, that in this procedure 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 the 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 vested in the governor, the undersigned cannot 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 advice 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 respective powers, to the wisdom of the general assembly.

And are,

With the highest respect,

Your obedient servants,

FRANCIS DIGGES,
ALLEN B. DUCKETT,
EDWARD HALL,
REVERDY GHISELIN,
DAVIDSON DAVID,

Which were read,

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