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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 427   View pdf image
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427
dent and Directors were elected by the State's
agents. The tolls could not be reduced without
the sanction of the Maryland State agents. So
that the law already gave them all the control it
was practicable to exert. This control might
be made more extensive, if the Company should
apply to the Legislature for further aid; but this
was not likely to occur, as it could not obtain it
tinder this new Constitution.
Now, insert this amendment, that the Board
should have the power, &c., and it would be confering
powers which it could not exercise. The
agents would not displace the Board for reducing
the tolls, because the tolls cannot be reduced
without their sanction. And, to remove the
Board for a reduction of tolls, would be a censure
upon the acts of the State agents themselves.
The object of his remarks was to show that the
State had already all the control it was possible
for her to attain. Then, again, how could the
State agents known whether the rate of tolls was
right, or wrong? They could only tell from the
facts that came before them, and such other
knowledge as they had upon the subject. Sup-
pose that persons engaged in the transportation
of a certain article, notify the Company that the
article is taking another course to market, be-
cause the toll is too high, and suppose upon in-
vestigation, it is ascertained that another route
is prefered and used, simply because it is cheaper.
Upon such a state of facts, the question would
arise, is the Canal to lose or retain the revenue
derived from the trade in that article? If the
toll be suffered to stand, the effect in, that the
trade is lost—if the toll be reduced, the trade is
not only regained, but enhanced in amount. Un-
der such circumstances, could any board be cen-
sured for a reduction of toll?
He did not intend to embark in this subject of
tolls, (which he supposed would be irrelevant,)
except in reference to the amendment of the gen-
tleman. now under consideration,
Upon the subject of coal, in which the State
had a deeper interest than in any other, a committee
was appointed on that subject, and was engaged
two or three months in obtaining facts the price
of and demand for the article in the Estern mar-
kets, the various kinds of coal that came into
competition with it, the cost of mining, transportation,
&c. &c. All these and many other mat-
ters of minutiae were carefully collected by the
order of the Board of Directors, and laid before
the Board, by whom they were scrutinized with
great care.
Upon a review of all those facts, the Mary.
land State agents might come to the conclusion
that it would be necessary to reduce the tolls on
a given article on the canal, which rate to one
not cognizant of the subject in all its bearings,
might appear to be too low.
It seemed to him that no well-thinking man
could cavil at such action, under such circum-
stances. We all knew that the Baltimore and
Ohio Railroad was never constructed as a coal
road. It had never been able to bring to market
more than 146,000 tons a year, and it might be
a ruinous thing for the Chesapeake and Ohio
Canal Company to have its tolls so adjusted as
to enable the railroad company to prosecute this
trade. You might, and probably would, regard
a rate of toll adapted to the business of the ca-
nal, as ruinous to the railroad. In other words,
the experience of all the canals upon which this
subject had been fairly tested, was that in pro-
portion to the reduced rate of toll, in that same
proportion did you augment the revenue. Upon
the New York: canals the reduction of 20 and 25
per cent, had invariably increased the trade in a
greater ratio. Agents of Maryland had now all
the control which he apprehended his friend from
Baltimore county desired to give them by his
amendment. They had a supervisory power;
they had, in fact, a veto upon the power to re-
duce the tolls on the Chesapeake and Ohio canal,
and it was impossible that this Convention could
go further. The rights of that company being
secured by charter, could not without its con-
sent, be further interfered with. For these rea-
sons he should vote against the amendment.
Mr. DORSEY said:
It was with no small degree of embarrassment
that he rose to take part in the warm and exci-
ting debate now taking place, before this Con-
vention. He witnessed with regret the warmth
and apparently personal interest or feeling, with
which the amendment of the gentleman from
Frederick, had been assailed by many of his,
[Mr. D.'s.] most intimate and esteemed friends,
who seemed to speak and act as if they were de-
fending themselves against unjust and disparag-
ing charges made against them; in which their
honor, their motives or their character were in-
volved in our decision. He begged leave to state
in the outset, that he preferred no such charges ;
that he heard none made by others, that he en-
tertained no such opinions of their conduct; that
the great sensibility and excitement which they
had evinced, were uncalled for by the occasion.
In sincerity declared that for the State's agents
and fur the president and directors of the Chesa-
peake and Ohio canal company, as far as he
knew them, he entertained the most profound
respect and regard. And as for his friend from
Montgomery, with whom, from his early boy-
hood, he had ever been on terms of the most in-
timate, affectionate and confidential intercourse,
a suspicion of intentional dereliction of duty or
perpetration of any act that he believed to be
wrong, never for one moment entered his imagi-
nation; and tthat he entertained the same opin-
ions, as to the conduct of all the persons to whom
he had referred. But great as was his confidence
, it had not made him blind—he could not
shut his eyes against the light; he comes here
elected by the people of Anne Arundel, under no
promises, no pledges, but the untrammeled re-
presentative of the State of Maryland, deter-
mined, to the best of his feeble judgment, con-
scientiously, faithfully to discharge his duty,
without fear, favor or affection. He was resol-
ved, as far as his vote could effect it, to do equal
justice to all, to protect the weak against the ag-
gressions of the strong; to secure and protect the
rights and interests and promote the prosperity


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 2, Debates 427   View pdf image
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