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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 403   View pdf image
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403
their views in reference to men and measures.
He would say, therefore, that he could see no
public necessity for the exercise of this power
on the part of the Legislature, and he could see
no difficulty in the way of its exercise by the peo-
ple themselves. Now, in reply to what had been
said by the gentleman from Washington, who
first addressed the Convention, he would tell him
that Baltimore city could exercise more influ-
ence in the Legislature, than she could if the
power was in the whole people of the State.
Why look at the history of the public works. If
the gentleman really feared the influence of Bal-
timore city, then he, [Mr. B.,] would not have
that gentleman vest this power in the legisla-
ture.
When he looked around him, he was almost
ready to conclude that the present system had
drawn a line between the political parties of the
State. Now he really did not waul to say much
about politics in this body, but this he would say
there was a great deal more certainly about the
past than what was to come. And it was a mat-
ter of history, too late now for speculation, that
while the Legislature exercised the power, party
lines were drawn from one extremity to the
other. Gentlemen would not deny that. He
was not going to analyze any of those views.
Well, there was another argument the gentle-
man used, and really if there was time to go into
it, he could show that it was a bad argument for
himself. The argument was, that one single man
had been in the employment of that company
from its first organization, as chief engineer,
till the present time, with the exception of some
two years.
Mr. SCHLEY. Not under the present organization.

Mr. SMITH said the present engineer was em-
ployed at the very commencement of the work,
and had been continued in office ever since, as he
understood.
Mr. BROWN continued. Ever since Mr. Fisk
had been the engineer, if gentlemen looked at
his estimates upon which the work was done,
and compare them with the actual cost incurred,
it would be found that he had made mistakes and
errors sufficient to turn out any engineer, no mat-
ter to which party he belonged. He, [Mr. B ,]
had voted upon his estimates, and invariably they
had fallen short more than one-half, and finally
they involved the State in debt to the amount of
$7,000,000. There was no mistake about that
fact.
Mr. SCHLEY observed that he would make a
few remarks in reply to those which had fallen
from the gentleman from Washington, (Mr. Har-
bine,) and particularly to that portion of them
intended to have more effect elsewhere than here.
Allusion had been made to matters before the
people, and it had been asserted that all officers
were to be elected by the people, and the impli-
cation was, that what had been pledged to the
people at home was repudiated by me here.
Now, if one subject more than another had been
discussed in Washington county, it was that Bal-
timore should not have a representation larger
than the largest county in the State. And he
found, from looking at the newspapers published
there, that all, with one single exception, de-
nounced the representation bill as one of the
most unjust ever introduced.
Mr. GWINN rose to a point of order.
Mr. SCHLEY. State your point of order.
Mr. GWINN. My point of order is, that you
are discussing a. question not now before the
Convention.
Mr, SCHLEY proceeded. When he had talked
before the people, he had alluded to the officers
known to the Constitution, such as clerks, regis-
ters, judges, &c. Bill did it ever enter into the.
conception of the people of Washington county
that such officers as State agents were embraced
within that term? They were never mentioned
nor alluded to by any speaker nor by the people.
They were not "officers" in any sense of the
term, but the mere agents or proxies of the
Slat" for specific purposes. Their original pow-
er consisted in the right to vote the stock of the
State in the various joint stock companies, until
the Legislature by resolution in 1834, invested
them with the further power to give it, assent to
or dissent from a reduction of tolls on the Chesa-
peake and Ohio canal. Every argument that
had been used by his friend from Washington
county, (Mr. Harbine,) in regard to State agents,
would apply with equal force to the Directors in
the various banks in which the State held stock.
They hail also charge of the interests of the
State, it depended whether the banks were successfully
managed or not what dividends would
bo declared, and according as they were large or
small would they pro tanto effect the taxation of
I the people of the State. And, therefore, if the
principle was correct in large matters, it was
equally so in reference to small; and the argu-
ment, in this view, was equally cogent, that Di-
rectors of banks and all other companies in which
the State held stock should be elected by a vote
of the people—by the whole people who were
interested in the matter. And, if gentlemen pre-
ferred the district system, then the people in the
several districts should have the privilege of elect-
ing bank Directors. Directors in banks &c. had
heretofore been appointed by joint resolution of
the Legislature to act as State agents. We had
never heard, from 1832 to 1846, and then only in
the Governor's message, of the creation of a
board of public works. And what was his argument?
It was, that all those works should be
conducted as one system, and should not be regard-
ed as rival works, because, if they became rivals,
a competition might be provoked that might jeop-
ardise the interests of the State. If there was any
soundness in the argument, it ought to have been
adopted. But, the Legislature did not adopt his
suggestions. The same thing was done by Gov.
Thomas and it met the same fate. If the people
of Maryland desired the election of those officers,
their voices would have been heard before now.
When they desired any thing, they sent their pe-
titions to the Legislature or instructed their dele-
gates. Last winter a bill was passed to elect
clerks and registers, because the people desired


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 403   View pdf image
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