But when you come to the disposition of
the State's interest in the other works of in-
ternal improvement, that discretion is en-
tirely taken away from the board. They are
clothed then, not with the power to ex-
change, but with the power to sell subject to
such regulations as the legislature from time
to time may prescribe. Now I think it is
perfectly clear that the power to sell is coup-
led with the condition that the legislature
shall prescribe the regulations and conditions
under which the sale shall be made. I do not
think there can be a reasonable doubt about
that construction. The gentleman from Bal-
timore city (Mr. Stirling) says that the word
"subject" does not mean "under," that the
word "under" is not in there.
Mr. STIRLING, it does not say " such reg-
ulations and conditions only."
Mr. MILLER. If the power to sell is a power
subject to the conditions which the legisla-
ture may prescribe, they have no power to
sell unless those conditions are prescribed by
the legislature I think there cannot be a
doubt upon that question. What is the effect
of it then? The legislature has the power
to prescribe the rules and regulations under
which the sale is to be made, and no sale can
be made without such rules and regulations
being laid down by the legislature. Are we
doing, by the passage of that, anything more
than the legislature now has the power to
do? Certainly not. If nothing is said in
this constitution about the sale of if, the leg-
islature may sell all the State's interest in
these works for $5 if they choose, and put
the money into the State treasury. Is it not
wise and proper that we should put a re-
straining power upon the legislature in that
respect ?
We say that they shall not sell the interest
themselves. We say that they shall not
constitute the board. We say that they
shall not go aground among the people of the
State and select a board by which the property
shall be sold. But we saay that this sale
shall be confided to officers of the State, in-
trusted with the management of the financial
affairs of the State, the credit of the State and
the honor of the State; that they shall be
the parties that shall exercise this power to
sell. But we say the legislature shall pre-
scribe the rules and regulations under which
they are to act, and not this board.
That gives the legislature less power over
the sale of these works, or of the State's in-
terest in them, than if no provision at all
were put in. But it does not authorize a sale
until the legislature say whether it shall be
sold. it does not authorize the board to sell
unit as regulations are passed by the legisla
ture authorizing the sale. And above all
it does nothing of which gentlemen interested
in theChesapeake and Ohio Canal, or repre-
senting constituencies living along the line of |
that canal, can have the slightest reason to
complain. Unless you take the broad propo-
sition of the gentleman from Bailtimore city,
that this work shall never be sold through
all time, or so long as tfiis constitution exists,
the adoption of the majority report gives no
occasion for any claim in reward to the sale
of the State's interest in that work.
The gentleman from Cecil made an argu-
ment that it would operate against the adop-
tion of this constitution, if this majority re-
port was passed, if he would go home and
tell his constituents, and if all those gentle
men living along the route would go home
and fell their constituents, that the passage
of this majority report does not affect in any
degree the power of the legislature, except to
restrain it with regard to a sale; that the
sale, if made, is to be made by officers of the
State, and not by a board selected arbitrarily
by the legislature; thait the legislature would
have power to sell if such a provisicora were
not put in; if their constituents are wise and
reasoniable men, it would seem to me that
there need be no apprehension iliat the adop-
tion of the majority report would create any
opposition among the people otthosecoiinties
to the andoption of the constitution.
It is a question, says the gentleman from
Cecil, about which he was not instructed
when he came here. He came here, he says,
for the adoption of one greatt measure, and
nothing else. it may be true that that was
the controlling thing in the public mind, that
about which the public mind was especially
engaged at the time of the fbronaation of this
convention. But everybody knows that gen-
tlemen were sent here to make aa ne^v consti-
tution. The argument that tloey were not
instructed upon that, if valid here, would be
an argument thaat they should do noticing in
any branch of the constitution, except that
which relates to shivery. We most not touch
the judiciary, we must not touch the execu-
tive, or any other branch of the constitu-
tion, if that argument is worth anything at
'all.
The effect of passing the majority report as
it stands, without tying down the legislature,
by prohibiting through all time, or until this
constitution is amended, any sale whatever
of the State's interest in th^sework^, will be
simply to leave it to future legislation. The
question 'will go belore tire people—How
these works shall be disposed of? Under what
regulations shall they he disposed of? And
then the question will agaain come before th^
people at the next election, if t^e people of the
^tate desire that these works shall be sold,
they will elect represeuta^iv s to the next
legislature, who will pri scribe the regulations
and conditions under which the sale shall be
made. If the majority of the people are op-
posed to the sale, they will elect members
who will refuse to pass any such regulations
or conditions of sale; and the sale caannot |
