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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 340   View pdf image
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340
contingencies which they did net expect now,]
the Act of Assembly looked to the fact that what-
ever might be coming from these works of inter-
nal improvements should be distributed among
the counties and the city of Baltimore for the
purposes of education. He supposed that the
feeling was then, as now that some system should
be adopted by which the principle of education
should he carried but generally through the whole
State, and reference was had in the Act of As-
sembly of 1834 to this principle.
in 1836 came what was called the eight mil-
lions bill. He had examined this for the pur-
pose of seeing if there was any particular appro-
priation in the law of 1836 He had found none,
but had found that when it became necessary to
meet the interest upon the debt which had hern
created by the law of 1836, by a tax upon the
people, that there was a provision incorporated
in the act of Assembly, of 1840, which required
the treasurer to keep an accurate account of the
money paid into the treasury by the counties
and the city of Baltimore, with a view to an
ultimate distribution of that particular fund.
from that particular source, to each and every
county in the State, and the city of Baltimore, in
proportion to the amount that they had contrib-
uted. For the purpose of carrying out the views
entertained by the Legislature, by different individuals,
and by the people of the State at large.
upon whom these laws had been made to ope-
rate, it was proposed to introduce a clause in
the Constitution, which should require the Legislature
to carry out in good faith, substantially,
all of these various acts of Assembly and resolutions
in relation to this fund. He would read
it for the information of the Convention, before
proceeding to make any further remarks. This
was the clause he proposed to incorporate:
"SEC. 43. That it shall be the duty of the
Legislature to carry out in good faith the seve-
ral acts of Assembly, and the several resolutions
passed by the General Assembly in relation to
the disposition of the school fund, and also ill
relation to the disposition of the revenues aris-
ing from stocks of the State in works of internal
improvement."
It seemed to him that there could be no di-
versity of opinion in the Convention, about the
propriety of adopting such a proposition. The
argument which had been used in opposition to
the other proposition, was that by some means
or other the control of these works of internal
improvement, might pass out of the hands of the
State into the hands of private individuals or of
corporations.
No such objection could possibly apply to the
article which he now proposed to incorporate,
because his sole object was that each and every
county in the State and the city of Baltimore.
should receive their just proportion in conformity
with the contract which had been entered into
between the State and people, because he con-
sidered it as a. contract, for the people had paid
their money with the expectation of getting it
back at some time, when he would require the
Legislature to do no act by which these world of
internal improvement might be made unprofitable
by the action of individuals, or corporations, in
the State of Maryland. This would do no injustice
to any portion of the State. It would give
every portion a fair proportion of revenue from
these sources and at the same time reserve to the
State a controlling power over these public
works. This was very important; indeed, he
looked upon it as one of the most important acts
of the Convention. They should give the people
an earnest—they who had been so long patiently,
and if not willingly, certainly very promptly,
praying their taxes for the purpose of redeeming
the character of the State—it was necessary that
they should have an earnest, and one about which
there could be no mistake—an earnest beyond the
possibility of cavil, that they would ultimately,
(if they should go on as they heretofore had,) re-
lieve the State from debt, that they will ulti-
mately realize the benefit they would have real-
ized anterior to this from these works of internal
improvement. The people had heretofore been
disappointed, and if in addition to this, when they
had been told that by making an appropriation of
two or three millions dollars for works of inter-
nal improvement, they would advance the pros-
perity of the State, instead of giving them a re-
muneration, they should call upon them for additional
taxes, when they had made the promise
at the time the money was asked, that they were
ultimately to derive benefit from them, if they
should add this to their disappointment, and thus
give them reason to believe that they had no right
to expect that the State was acting honestly toward
them, he apprehended it would raise a state
of feeling which no one present would like to see
manifested.
He sincerely hoped that this section would be
adopted by a unanimous vote, because the only
effect, the only tendency, the only intention and
purpose of the proposition, was to carry out, in
good faith, to the people of the whole State, the
several contracts, implied or expressed, which
had been entered into between them and the
State, with a view to induce them willingly to
put their shoulder to the wheel, to get the car of
State out of the mire, and to place it on terra
firma. The people had done this, and had a right
to expect that the contract should be fully car-
ried out.
Mr B. then withdrew the proposition hereto-
fore offered by him, and substituted in lieu there-
of, the following:
Section 43. That it shall be the duty of the
Legislature to carry out in good faith the seve-
ral acts of Assembly, and the several resolutions
passed by the General Assembly in relation to
the disposition of the school fund, and also in re-
lation to the disposition of the revenues arising
from stocks of the State in works of internal im-
provement.
Mr. GWINN desired to ask the gentleman a
question, in order that he might understand the
proposition. He believed that the proposition,
as it originally stood, provided that these stocks
should be divided among the counties and the
city of Baltimore in proportion to their contribu-


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 340   View pdf image
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