This claim against the United States was presented and has been actively followed up by the Adjutant General, although this is not among his prescribed duties. Some of the States have not only employed agents or attorneys, but have had a number of clerks aiding the Auditor's Department in Washington.

While the money ($101,080.04) thus far collected has been paid into the Treasury of the State without any discount or abatement whatsoever, the work of the Adjutant General in prosecuting the claim was with the understanding, as he supposed, that he should proceed in consideration of the increased pay to be received by him, under the assignment and order of the Governor hereinafter referred to, during his tour of special duty which ended on November 21, 1898. Although the increased pay was withheld on and after September 1, 1898, the Adjutant General has, nevertheless, been performing the work he undertook.

In an interview with the outgoing Attorney General and the Comptroller about this increased pay, in which the work of the Adjutant General during his tour of duty as commanding officer was fully explained, the Attorney General said that, while he did not feel at liberty to reverse the opinion of his predecessor who had sustained the position taken by the Comptroller in withholding this pay, he thought the Legislature should, and he believed it would, award compensation for the work of prosecuting the State's claim against the Government of the United States, and thus adjust the claim of the Adjutant General for increased pay fairly and equitably. I shall not discuss the question at this time further than to say that the Comptroller stated that, although constrained to pursue the course he did pursue upon his and the former Attorney General's interpretation of the meaning of the law, he thought the claim for increased pay was "equitable." The Governor admitted it was "just and fair." I shall later beg leave to call the attention of the General Assembly to this matter, with a particular account of all things relating thereto, as it is a matter which, while somewhat personal to myself, concerns the public as well. I have not desired, and do not desire, anything to which I am not legally and justly entitled, according to my conception of law and right, and I shall be content to rest the determination of the matter with the representatives of the people.

The statement appended to the Acting Quartermaster General's report, above referred to, is one of the most valuable contributions of its kind ever published in Maryland, and, as stated in that report, much time was consumed in collecting the information from which this, statement is compiled.

The expenditures for re-equipping the Maryland National Guard have been heavy this year. As some off-set to this we have, as will be noted in the fiscal report, an unusually large sum to our credit out of the apportionment of the appropriation to Maryland by the United States Government for the benefit

of our militia. This sum should be sufficient to meet all demands during the coming year for tentage, ordnance and such other material as is usually furnished by the Government.

It was originally proposed that this Department should not go further in submitting the reports herewith, especially as the reports of officers give such information as will be of interest. Nevertheless, as it has been suggested that a more particular account should be given of the operations of this Department during the late war, and of matters relating thereto, the more so in that upon the head of the Department, not only as Adjutant General, but as Commanding Officer and representative of the Governor, devolved responsibilities of a delicate and trying nature, I shall proceed. I shall endeaver not to repeat what has been treated of in reports of officers herewith, and shall, not merely of necessity, but for the good of the service, omit many details and incidents, seeking to avoid criticism and comment as far as may be, and making this communication as brief and impersonal as it is possible to make it.

It may be well to state in the beginning, in view of some misconceptions that have prevailed, that the object in incorporating into the Act of 1896, Chapter 89, known as the "Militia Law," the provision authorizing the governor to "assign, delegate and order" the Adjutant General to assume command of troops in the case of riot, as set forth in the Act, and "in all other cases of internal disturbance, war and invasion," was to avoid the complications and injustices which occurred in the riots of 1894, when not only did my distinguished predecessor hold, according to the opinion of the learned Attorney-General at that time, a very doubtful authority, to say the least, in the military "Department of Maryland," but, while bearing the burdens and responsibilities of Commanding Officer, he received, very much against his protest, the pay of one of his First Lieutenants. It may be added that neither the General Assembly which passed the bill nor any officer who proposed the provision above referred to, so far as has been ascertained, could have foreseen the war with Spain in 1898, two years later.

Towards the close of the session of 1898, when rumors of war prevailed, a member of the House of Delegates offered a bill to appropriate $200,000.00 in the event of war. This was not encouraged at the time, but later, when other States were making large appropriations, a bill was prepared by me which, at the Governor's request, was delivered to him, and after some emendation it was offered in the Senate by the President of that body, referred to the proper committee and passed with great unanimity after an amendment had been added in committee, as I have been informed, authorizing the members of the Board of Public Works to borrow money if necessary. I was not asked to appear before the committee nor was I present in either branch of the Legislature at any time when the bill was under

consideration. The Act clearly states the purposes for which the money appropriated should be used, and clearly defines the duties of the Adjutant General in issuing warrants and accounting for its disbursement, the only duties imposed upon this officer by the Act.

On April 16, 1898, the Adjutant General of Maryland, in accordance with a request contained in a letter to the Governor from Mr. Hull, Chairman of the Military Affairs Committee of the House of Representatives, appeared before said committee in Washington with military representatives from a number of other States in the Union. The object of this meeting seemed to be to ascertain the views of these State representatives, as well as the views of certain army officers present, as to the advisability of passing what was known as the "Hull Bill" for the increase and practical reorganization of the army upon such a scale as would insure a sufficient number of officers and men to meet, in the first instance, any requirement in the event of war. Incidentally, or it may be primarily in the minds of some, the object was to show that there was no immediate necessity for the proposed increase, but that the so-called National Guard organizations of the several States were sufficient and adequate to co-operate successfully with the army. This latter view was supported earnestly and sincerely by many of those present. Maryland's representative, speaking for himself, without any previous instruction, and for what he believed to be the position of Maryland, warmly advocated the "Hull Bill" which, had it been enacted into law at that time, would have avoided the alleged necessity of calling upon the National Guard. While claiming for the Maryland National Guard as much patriotism, loyalty, devotion to duty and efficiency as that of any other State, I did not think its training and experience had been such as to fit it for service in a war which might require invasion of a foreign country. Moreover, I did not think it fair that officers and men who had been mustered in in the State service with no other purpose than to serve their State in ordinary emergencies should be placed in the dilemma of having to sacrifice their business and other interests at a moment's notice or be branded as unpatriotic or cowardly.

The committee adjourned to meet at the office of the Secretary of War in the afternoon with the State representatives and the Army Officers who were present at the earlier meeting. At the latter meeting it was officially declared that war was certain, and it was determined that practically the entire National Guard of the country should be called out and that the committee should forthwith prepare a bill containing provisions giving the President authority to so call out the National Guard upon the declaration of war. Such a bill was subsequently passed with a supplemental bill passed later.

It is important to bear in mind these preliminary matters as an

explanation of the meaning of the provisions of the Act of Congress for calling out the National Guard, of the subsequent course of events in the preparations by the States for war and the volunteering of the National Guard, and of the peculiar status of these organizations while in the United States service. It is proper also to add that there was apprehension, at that time, of actual invasion of our waters by the Spanish fleet.

So much having been determined at Washington in relation to the National Guard, against such protest as was made and implied by the position taken by the Adjutant General of Maryland, the afternoon and night of that Saturday were spent in a careful consideration of these new and unusual conditions, and General Orders Nos. 6, 7 and 8 were prepared. There was question whether or not a "retired list" could be created. Although the Board of Officers who prepared the Militia Law of 1896 agreed that the authority proposed to be vested in the Governor by Section 3 "to make and publish all needful rules and regulations' would be ample for this purpose, when officers of both the Fourth and Fifth Regiments as early as the summer of 1896 asked that a regulation creating a retired list should be made and published, the Adjutant-General, after a more careful study of the law, refused to make the regulation on the ground of its doubtful legality. But the present being a case of "threatened invasion" and "certain war," Section 2 which authorizes the Governor "to make all needful rules and regulations therefor" was deemed to apply. There was ample authority in Section 23 to revoke commissions, for "qualification" applies to physical as well as to mental incapacity. The method prescribed in the latter section is not only cumbersome but somewhat harsh, and it was thought every officer would gladly accept this method of "retirement," which, as a matter of fact, was generally accepted at the time General Orders No. 6 went into effect.

The information gained at Washington on April 16, as hereinbefore set forth, with copies of General Orders Nos. 6, 7 and 8, was laid before a number of officers called together at the house of Brigadier-General Lawrason Riggs in Baltimore, on Sunday, April 17, 1898. The officers present were General Riggs, General Thomas S. Mumford, Major Clinton L. Riggs, Captain C. Baker Clotworthy, Captain Charles D. Gaither and Lieutenant J. Markham Marshall. It was proposed to have at least two officers of the Fourth Regiment, but there attendance could not be secured at the time of the conference.

There was no expression of objection at this conference to the provisions of these General Orders nor to anything that had then been done or that was then proposed. It was understood and agreed that as the Maryland National Guard was to be called upon Maryland would do her duty, and that every preparation should be made in advance, as far as praticable, for the situation that confronted us. There was no enthusiasm. It was a matter of duty and of State pride, for the most part.

General Orders Nos. 6, 7 and 8 were therefore promulgated on April 18.

During this week, besides the activity in the First Brigade, the First Naval Battalion received special orders to prepare for war upon inquiries and requests from the Navy Department. It may be stated in this place that the whole course of conduct of the officers and seamen of this battalion during the continuance of their service in the war and on their return to the service of the State was such as to gain for them the approbation of the United States and the State authorities. It may also be stated

that the "Extract from Log of First Prize Crew from U. S. 'Dixie'" and other appendices to Commander Emerson's report on file at these Headquarters are of great interest, but it was impracticable to print them with the report.

On April 21, war being declared, the Governor placed the Adjutant General in command of the Maryland State forces by a duly authenticated commission. A copy of this special commission was filed at the War Department, and it was recognized there during the period it was in force. The authority so vested in the Adjutant General was fully approved by the War Department as simplifying the relations between that Department and this, for the commission not only placed the Adjutant General in command, but gave him "full power and authority to do and to act in all respects as the Governor and Commander-inChief could or might do in the premises," thus making him the Governor's representative as the law prescribed.

The officers at Brigade Headquarters in Baltimore requested that the troops should be ordered into camp to facilitate the equipping and organizing for the war. Orders were accordingly issued on April 22.

On April 23, upon the request of the Secretary of the Navy, the first contingent of the Naval Battalion was ordered to Norfolk, and subsequently another contingent was called for and ordered to Norfolk to complete the complement of the "Dixie." The celerity of the movements of the Naval Battalion in thus reporting for active duty, as more fully set forth in Commander Emerson's report herewith, was among the creditable achievements of this well-disciplined State organization.

On Monday, April 25, 1898, the entire First Brigade reported for duty at Pimlico, in accordance with orders previously issued, under the immediate command of Brigadier General Lawrason Riggs. The promptness of the movements in this case also deserves high commendation. (See General Riggs' report). Most of the events at the Pimlico Camp are stated by General Riggs in his report and explained by the orders issued during the encampment. Not only was delay caused by the weather, as shown by General Riggs' report, but by the frequent changes in numbers required and in the method and manner of organizing prescribed from time to time by the War Department. Nine changes were made after the call for troops.