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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 346   View pdf image
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346

long course of years in which tobacco has been
so low as not to pay the expense of production,
continued the cultivation of it, to abandon the
cultivation now, when the article has become
very high and will rapidly enrich its producers.
I illustrate by tobacco planters, because it is apt
to the purpose, and there are many gentlemen
around me engaged in its cultivation.
Tie the hands of the Legislature as fast as you
please, in regard to contracting further debt, or
engaging in other works of internal improvement,
but leave them the power to take advantage of
the coming change in affairs, by paying off as
much of her existing debt as they can, by new
stocks bearing a less rate of interest. Every
dollar we can save, is important to the people,
and if the opportunity offers, as I believe it will,
I wish to see the Legislature have the power to
substitute for our present six and five per cent.
stocks, stocks bearing only three or three and a
half per cent,, thus saving several hundred thou-
sand dollars annually, until the whole debt is
paid off.
Mr. JENIFER desired to offer an amendment,
(which was not now in order.)
Mr. J. gave notice of his intention to offer it
at the proper time. He believed that the time
might come when it would be extremely impor-
tant that such a power should be in the hands of
the Legislature. Its exercise might be impor-
tant to the prosperity of the State. At the same
time it was necessary to guard such a power as
rigidly as possible. The past experience of the
State demonstrated the necessity of this. It might
be possible that danger might be apprehended to
the State from the very prosperity which would
result from these works, if the state of things
which gentlemen anticipated should be realised.
He would therefore place proper restrictions
upon the power, though he believed that its ju-
dicious exercise might be attended with benefit
to the State.
Mr. J. then read his amendment.
Mr. SPENCER said, the gentleman from Charles,
had indicated no opposition, by his argument, to
any portion of the proposition of the gentleman
from Anne Arundel. The proposition met with
his entire opposition. He looked upon it, as one
of the most dangerous he had encountered. It
positively opens the door to further specula-
tion in works of internal improvement, and is
advocated by the mover, for that very reason. In
the Constitution which we are about to amend,
no such express power is found. It was assumed
by construction. And now when the people are
sore upon the subject, and wholly opposed
to all such schemes, and actually expect at our
hand, a restriction on the legislature in this parti-
cular, the gentleman from Anne Arundel pro-
poses, by express provision, to give the Legisla-
ture the power to do so. Adopt his section, and
the Legislature will have the power to subscribe
to any work, and to provide the ways and means
at their discretion, to support it. I beg the gen-
tleman to turn to the Constitution, and lay his
finger, if he can, on any part of it, which author-
ized the Legislature to embark in such works.
From the very beginning of this system of legisla-

tion the power had, by many, been denied. He,
[Mr. S.,] had at all times denied that the Legislature
could make appropriations of money or
State credit, for such purposes. And when the
Legislature found it necessary to impose a direct
tax upon the people, the unprecedented outrage
was practised of inverting a provision in the law,
denying to the people the benefit of the wisdom
and learning of the court of appeals, on the constitutionality
of the law. Yea, sir; by the act of
Assembly imposing the tax, the court of appeals
were directed not to entertain any question as to
the constitutionality of the law.
The gentleman from Cecil, had eloquently pic-
tured the delusions under which the people voted
when this system was imposed upon. He had
beautifully painted its evils, and he, (Mr. S.,)
would not follow in the same field. He would
content himself, by saying, he was opposed to
the whole system of internal improvements,
whether there be a surplus in the treasury or not.
He was opposed to it because it opened the door
to abuse and corruption. It was well known,
that they had already assumed a party cast, and
were used for party purposes by the legislature.
Originally, the Governor had the appointment,
with the advice of the Senate, of the State's
agents. The power was taken from him and
given to the legislature, and in order to prevent it
from passing out of the hands of the party then
in the ascendant, by an act of the legislature, the
agents then in office were to continue in, until re-
moved by a concurrent vote of the Senate and
House of Delegates. Every body understands
the effect of such legislation.
It was not his purpose now to dwell on the
evil of the system. He had been always opposed
to it. It needed no argument now to expose it,
and he was well satisfied that this Convention,
instead of authorising the legislature to encourage
them, would inhibit the authority of the Legisla-
ture altogether.
Mr, THOMAS expressed his readiness to vote
for the amendment of the gentleman from
Queen Anne's, (Mr. Spencer.) To that extent
he was willing to go; but nothing less than that
would satisfy the people he represented. If
there was any one sentiment against which, over
all others, they felt an unmitigated hostility, it
was that of the power exercised by the legisla-
ture to make appropriations for the construction
of roads and canals. And in this sentiment he
had fully and uniformly concurred, from the year
1837 to this hour; and such was the feeling of
the leading men of the part of the State which
he represented. And the confidence which his
constituents felt in the accordance of his senti-
ments with theirs, had been the cause of the hon-
or he now enjoyed in being their organ on this
floor.
He had never considered the construction of
roads and canals as coming within the legitimate
duties of government. To cherish the interests
and protect the rights of the people constituted
its great duties. And in the performance of
those duties, he would ever be ready to render
all the assistance in his power. But never would
he give his consent that the legislature should



 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 346   View pdf image
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