and demanded it. And how he, (Mr. S.,) would
ask, did his friend from Washington county know
that the people wanted these officers to be elected
by the people? for he, (Mr. S.,) had never heard
it mentioned until the attention of the Convention
had been called to it by the gentleman from Al-
legany, (Mr. Fitzpatrick.)
He (Mr. S.,) would say that there was no feel-
ing on the part of the people at all on this sub-
ject. This was merely an attempt to anticipate
the supposed feelings and wishes of the people.
The gentleman from Carroll, [Mr. Brown,] had
said he was opposed to giving patronage to the
Legislature. What patronage, he (Mr. S.,)
asked, had the Convention to give to the Legisla-
ture? What patronage was it, voting for A, B
and C? The moment the legislature elected the
State's agents, it had discharge its entire duty.
He was not disposed to attribute the any gentle-
man party action and party motives, although he
thought he could see party results. We were told
there was nothing like party feeling here, because
there would be a board to consist of two whigs and
two democrats. Suppose this board to be thus
composed, and suppose also, its members could
not agree upon a man to act as President of the
Chesapeake and Ohio Canal Company, what was
to be done then? This is to be done:
"And in case of an equal division in the board
of said commissioners on any subject committed
to their charge, the treasurer of the State shall
have power, and shall be called upon to decide
the same,"
The Convention had not, as yet, acted on the
report of the treasury department, and he did not
remember its provisions,
Mr. DONALDSON it was to elect their trea-
surer by joint ballot of the Legislature.
Mr. SCHLEY. But was there any probability
of that mode being sanctioned by this body? If
the State agents, whose duly it is simply to vote
the stock of the State, and to act in the reduction
of toll, must be elected by the people, were
there not stronger reasons why the Treasurer,
who managed the entire finances of the State,
should he elected by the people of the State?
Then, if we took the Governor's election as any
criterion, the probability was that the Treasurer
would be a democrat, and thus we would have in
this board three democrats and two whigs. The
Convention could judge whether or not party re-
sults might, or would grow out of this scheme.
But, he had another objection to this project, and
it was in the amendment :
"In the event of a tie vote for any two of the
candidates for the office of Commissioner in the
same district, it shall be the duty of the Governor
to commission one or the other of the candidates
having an equal number of votes."
Why, the Governor was to select for the people
when they could not make a choice between two
individuals; and he would decide, as a matter of
course, on his political aide of the question.
This, therefore, was a surrender to the party to
which the Governor belonged.
And again:
"If the Governor doubts the legality or result
of any one election held for the choice of said |
commissioners, it shall be his duty to send the
returns of such election to the House of Dele-
gates, who shall be the judge of the election and
qualification of the candidate at— such election."
Here was a provision that if the Governor en-
tertained a doubt as to the legality or the result
of any one election, then the effect of his entertaining
a doubt, was to destroy the election, and
rend it to the House of Delegates. Why select
the House of Delegates? And why not send it
to both branches of the Legislature, and let them
decide?
The provisions in this substitute would, of
themselves, compel him to vote against this pro-
position, or at least against this feature of it—for
he had no idea of giving the Governor the power
to decide when the people could not decide. The
proper plan would be to have another election.
The Governor might doubt about a mere quib-
ble, and because he doubted the result of the
election, was to be sent to the House of Dele-
gates. He [Mr, S.,] was not opposing the elec-
tion of officers by the people, and he had risen
chiefly to make this remark, in order that it
might go forth with the debates. He was in
favor of it, when the people, the fountain of
power, asked it, and the proper time to give it
was when they did ask it. He was opposed to
another feature of the proposition, and at the
proper time, if he could do it, he would offer an
amendment to it. He alluded to the salaries of
the officers being left to the Legislature, when
the office was to be fixed by the Constitution.—
He would fix it in the Constitution at $100 each.
He [Mr. S.] contended that the people had not
the necessary information on the subject, to en-
able them to act intelligently and discreetly,—
The Legislature was the recipient of all the re-
ports and other information relative to it, as it
was brought before it when in session, so that
they could form a correct judgment, but the peo-
ple at present, could not do that The gentle-
man from Carroll, (Mr. Brown,] said he was
opposed to it because there was a consumption
of time. What consumption of time was there
in the Legislature balloting once or twice, or in
passing a resolution to elect three State agents.
Why it would not take more than Three minutes,
Mr. HOWARD said, it was perfectly manifest
that we were not discussing the original proposition,
but the proposition of the gentleman from
Frederick, (Mr, Thomas,) therefore, he thought
we had better take it up, and dispose of it in
some way or another.
Mr. TUCK desired to submit one or two re-
marks, because the views he entertained had not
been stated. He supposed that every gentleman
would be glad, if any thing can be done to keep
the public works out of the voetex of politics.
It was a sad day for the Canal Company when
it became involved in partisan strife. When
General Eaton was elected President in place of
General Mercer in 1833 or 1834, it was said that
it had been done to conciliate General Jackson,
and through him, to procure aid to the Company
from the General Government. Then, for the
first time, its conduct and affairs had entered into |
