this Convention has nothing to do. I am deci-
dedly of opinion that it is improper, injudicious
and unwise for this Convention to interfere with
the duties of the Legislature, or to cumber the
Constitution with matters not essential in the
organic law.
For the reason assigned, I am opposed, Mr.
President, to all the propositions presented to
this Convention. I have no objection to the
Legislature making provision for the election of
the agents by the people. For such a proposition
I will cheerfully accord my vote, but as a provis-
ion in the Constitution, I will never consent so
far as my vote is concerned.
Mr. BROWN said that the gentleman from Fred-
erick had requested him to move to fill the
blanks, although he had not stated the numbers
with which they should be filled.
On motion of Mr. BROWN,
The 2d article in the substitute was amended
by filling the blanks therein with "five."
On motion of Mr. BROWN,
The 3d article in the substitute was amended
by filling the first blank therein with "four," and
the 2d blank with "two."
Mr. BROWN then moved to strike out the re-
port of committee No. 14.
Mr, SCHLEY had been struck with the
pertinent interrogatory of the gentleman from
Montgumery, (Mr Davis,) in regard to the duties
to he imposed upon the Board of Public Works.
It seemed that much more space was devoted to
the mode of appointment than to the definition of
their duties After the statement just made by
the gentleman from Allegany, (Mr. Smith.) the
Convention must have come to the conclusion
that the duties of the State agents for the future,
whatever they might have been in the past,
would he exceedingly light. How could the
Board of Public Works exercise any supervision
over the public works in the State? That pro-
vision in the bill was based upon the assumption
that the State of Maryland was proprietor of the
works, and could exercise entire control over
them. From 1826 to 1832, there had been a
Board to ascertain what works of internal improvement
would develop the resources of the State..
At that time the creation of such a Board had
some propriety in it. The gentlemen constitut-
ing it, men of high character and acknowledged
talent, were expected to examine carefully and
minutely into these various objects. But in
1832, the system had been changed, and three
agents employed to represent the State as a
stockholder. In but one of these works did the
State exercise even a controlling influence,
whilst with regard to all the rest, she was a mere
stockholder. It would be a misnomer to call this
a Board of Public works, when there were
no public works to be constructed, and when the
Constitution which we are how framing abso-
lutely forbade any future public works. He
should prefer that they should be called, as styled
in the act of 1844, State's agents. Their whole
duties for all time to come, if this Constitution
should be adopted, would consist merely of two
acts; first, in all meetings of the stockholders, to |
cast the vote of the State; and second, to act
concurrently with the President and Directors of
the Chesapeake and Ohio Canal upon the reduc-
tions of tolls. Under the act of 1834, granting
the two million loan, the President and Directors
of that Canal were inhibited from reducing the
tolls without the consent of the Legislature; and
under a resolution passed at the same session,
these State's agents were authorised to act upon
the subject instead of the Legislature. The as-
sent of the State's agents must be given, because
the State being the largest stockholder, and look-
ing in part to the future revenues of that Canal
to relieve the people from taxation would not
agree that any action should be taken upon so
important a subject without her consent express-
ed in some form or other. These were the only
duties he could assert without fear successful
contradiction of those agents. They were now
appointed under the provisions of the act of 1841,
by the concurrent vote of both branches of the
Legislature. The. mode of appointment seemed
to be the great objection of the gentleman from
Frederick. He was himself nut tenacious upon
that point; but was perfectly willing to leave the
matter with the Legislature, if the present mode
was not satisfactory, they had the power to
change that mode, and provide for their election
by the people, and if five were too many, they
could reduce it to three. If they preferred joint
vote, he had no objection to that. in any view
that could be taken, it would amount to that; for
if one be taken from the House of Delegates,
another by the Senate, and the third by the joint
vote of both branches as proposed by the gentle-
man from Charles, (Mr. Merrick,) which ever
party had the ascendancy on the joint vote would
have the vote of the Board upon any question;
and would have as much control over it as if the
Board were elected altogether by joint vote.
The. two could select whatever President and
Directors they pleased, regardless of the other
one. He thought the Legislature was the pre-
ferable mode of appointing the State's agents,
and of acting in reference to this whole subject.
In 1846 the attention of the Legislature had been
called to it by the Governor of the State in his
message. A bill was introduced for the purpose
of creating a Board of Public Works; but it did
not become a law. In 1849, the then Governor
of the State, in his message also called attention
to the subject, and recommended a Board of
Public Works, and a bill was again introduced,
and again failed. If the people had desired a
change, that change would undoubtedly have
taken place. It was no movement then upon the
part of the people which had originated this mea-
sure. The people so far as we were informed
desired no change. The State agents performed
their duty most faithfully and punctually, guard-
ing the interests of the State in every conceivable
point, as would be seen by the record of their
proceedings. Their duties during the last year
had been arduous. They had met some thirteen
times at the cities of Baltimore and Washington,
during the progress of the contract for the com-
pletion of the Chesapeake and Ohio Canal.
They had various difficult duties imposed upon |
