till then does the power of the board attach
to sell. Certainly that was the intention of
the committee, and they have already ex-
pressed it. They intended to put the power
of sale into the hands of this board, so far as
Baltimore and Ohio railroad stock was
concerned, at once and without any restric-
tion. We have therefore guarded the State's
interest as much as it possibly can be guarded
in that section.
We have first created a proper board, of the
governor, comptroller and treasurer. And
then we' have authorized that board to sell
the State's interest in the Baltimore and Ohio
railroad at once. But the sale, by this board,
of the interest which the State may have in
all the other works of interrral improvement,
is made possible only under such rules and
regulation's as the legislature of Maryland
may prescribe. I say that the board cannot
move one inch, cannot sell or exchange one
cent's worth of the State s interest, except in
the Baltimore and Ohio railroad, until the
legislature of Maryland shall prescribe rules
and regulations for that purpose. That is
clear and certain.
Now what more power does this convention
want to give to the legislature? We are all
agreed as lo the propriety of making these
men the board, because two of them are the
sworn and bonded financial agents of the
State. The gentleman from Baltimore city
(Mr. Stirling) said that the had no objection
to the immediate disposition of the State's
interest in the Baltimore and Ohio railroad.
And if there is no objection on all hands to
the disposition of the State's interest in that
work, then I ask in what way can you pos-
sibly put this matter more within the discre-
tion of the legislature than is provided by
this section? It expressly provides that this
board shall go on and make these sales or
exchanges from time to time, only under such
and subject to such regulations and rules as
the legislature may prescribe.
Mr, STIRLING. Does it say "under such?"
Mr. NEGLEY. "Subject to such regulations
and conditions as the general assembly may
from time to time prescribe to sell the State's
interest," &c. Here is a condition precedent
which must be performed. It is just like the
stipulation of a condition precedent in a con-
tract before certain rights can attach to par-
ties. So it is in this case. The legislature of
Maryland must pass some rules or regulations,
or prescribe some conditions to which the
action of this board becomes subject. What
does the word "subject" mean? "Subject
to such rules and regulations as the general
assembly of Maryland may from time to time
prescribe" To do what? Why, " to sell."
Can anything be more clear? Can the Eng-
lish language make anything clearer? Cer-
tainly not.
Then by the appointment of this board we
have a proper board. Then provision is made |
for the immediate exchange of the State's in-
terest in the Baltimore and Ohio railroad,
about which we all seem to agree. And then
we have the disposition of the Staate's interest
in all the other works of internal improve-
ment expressly put under the control and
direction of the legislature of Maryland.—
Now, in the name of common sense, what more
can you ask?
But this amendment does what? It goes
away beyond everything else. The majority
of the legislative committee started out with
a mandatory order to the legislature to sell.
We had a great difficulty about that. This
special committee comes in and reports apro-
vision which leaves it optional with the legig-
lature to sell, and only indicates the board.
And now this amendment comes forward and
absolutely prohibits lhe legislature of Mary-
land from se^lling either of those three canals,
for all time lo come, without an alteration of
the constitution. Now we certainly do not
intend to go that far.
This provision originally stood that the
sale of the Chesapeake and Ohio canal, and
all other works of internal) improvement,
must only he. made subject to such regula-
tions and conditions as the legislature might
prescribe. So that they could not be sold,
under this section, without previous action
of the legislature first had and obtained.
Then for a special guarantee in favor of the
Chesapeake and Ohio canal, the g'entleman
from Frederick (Mr. Schley) proposed that
even that sale, under the rules and regulations
prescribed by the legislature of Maryland,
shall not be valid unless it is ratified by a
subsequent legislature. Is not that precau-
tion enough? One legislature prescribes the
rules and regulations, aand another legislature
has to ratify the sale made under those rules
and regulations.
Now I am willing to vote to put the Dela-
ware and Chesapeake canal, ane^ the Susque-
hanna and Tide Water canal in the same
category with the Chesapeake and Ohio canal.
But I will never vote for any provision in
this constitution to tie the hands of the legis-
lature from selling any of these works ofinter-
nal improvement. And yet that is what this
amendment does. The gentleman from Prince
George's (Mr. Clarke) has an amendment to
offer, which I think will cover the whole
ground.
Mr. CLABKE. I move to amend the amend-
ment as amended, by striking out all after
the word "provided," and insert—
"That no sale or contract of sale of the
State's interest in the Cbesapeake and Ohio
canal, the Chesapeake and Delaware canal,
and the Susquehanna and Tide Water canal
companies, shall go into effect until the same
shall be ratified by the ensuing general
assembly."
Mr. HEBB. I rise to a point of order: that
after an amendment has been adopted, it is not |
