that their constituents will not sanction this
constitution because this language is adopted.
If they will remember that the sale is not
ordered by the constitution, and that they
will have the full chance of discussing it in
the election of the legislature that is to act
upon it, that argument comes to nothing at
all. The sale cannot be made until the con-
ditions and terms have been prescribed by the
legislature, it is the only argument I have
heard of any weight against this proposition ;
but if you put in a provision here that for all
time hereafter, so long as this constitution
stands, the State's interest in these works
shall not be sold, the same reason will apply
to all the other unproductive works, I cannot
vote for the adoption of the majority report
with this provision in it for these three works.
Another argument has been made that there
is danger that the Baltimore and Ohio Rail-
road will buy up this canal. Now it seems
to me that if they buy it at all they will have
to come into the market as a purchaser in
competition with every other purchaser.
Those gentlemen who own the coal lands in
Allegany county have invested thirty mil-
lions in another work, and they will be the
persons most interested in' purchasing this
canal, if it is to be profitably worked at all.
I do not think there is any danger of the
Baltimore and Ohio Railroad Company try-
ing to pet the control of it, because the ca-
pacity of that road for the transportation of
coal has been worked I think tor the last
eight or nine years almost to its utmost
extent. There is coal enough in Allegany
county, if the transportation of it comes this
way to tide water, to Baltimore or to Alex-
andria, to keep up both these great works.
There need not be any competition between
them.
Mr. PUGH. I have said upon this subject
all that I desire to say, I only hope that the
convention will adhere to the vote of last
Wednesday, and adopt again what they have
already adopted, prohibiting the sale of these
three works.
Mr, CLARKE demanded the yeas and nays,
and they were ordered.
The question being taken the result was—
yeas 20, nays 47—as follows :
Yeas—Messrs. Annan, Baker, Cunningham,
Ecker, Farrow, Galloway, Greene, Hebb,
Hopkins, Hopper, Keefer, Murray, Pugh, Rob-
inette, Smith, of Carroll, Stirling, Stock-
bridge, Todd, Wickard, Wooden—20.
Nays—Messrs. Abbott, Audoun, Belt,
Blackiston, Bond, Brown. Carter, Chambers,
Clarke, Daniel, Davis, of Washington, Del-
linger, Earle, Gale, Harwood, Hatch, Henkle,
Hoffman, Hollyday, Horsey, Johnson, Jones,
of Cecil, Kennard, King, Lansdale, Larsh,
Lee, Mace, Marbury, Maybugh, McComas,
Miller, Morgan, Negley, Nyman, Parker, Par-
ran, Purnell, Ridgely, Russell, Schley, Scott, |
Smith, of Worcester, Sneary, Turner, Val-
liant, Wilmer—47.
The amendment was accordingly rejected.
Mr. CLARKE moved to amend the section by
striking out the laist clause, being all after
the word "and,"in line fifteen, and insert-
ing "provided further, that no sale or con-
tract of sale of the State's interest in the
Chesapeake and Ohio Canal, the Chesapeake
and Delaware Canal, and the Tide Water
Canal Companies, shall go into effect until
the same shall be ratified by the ensuing
general assembly."
Mr. SCHLKY submitted the following amend-
ment to the amendment:
Amend by adding: "and provided further,
that the State's interest in the Chesapeake
and Ohio Canal Company shall not be sold
for less than five millions of dollars."
Mr, CLARKE. My amendment places the
section in this condition; that the governor,
comptroller and treasurer constitute a board
to make the sale. They have the power to
exchange the stock and bonds of the Balti-
more and Ohio Railroad Company for the
indebtedness of the State at par value. It
further provides that the State's interest in
the other works, the bank stocks, &c., may
be sold, subject to such regulations and con-
ditions as the legislature may prescribe, ex-
cepting the Washington Branch of the Balti-
more and Ohio Railroad. Hence they have
first to pass a law providing regulations and
conditions before the board can sell. With
reference to these three canals, it further pro-
vides that after the sale shall be made by this
board, subject to those rules and regulations,
then the sale of those three works shall be
ratified by the legislature afterwards, lo pre-
vent the possibility of the board exceeding its
power, and not complying with the condi-
I tions prescribed by the legislature. That is
an additional safeguard,
Mr. DUVALL. I give notice that I will
offer the following amendment to the amend-
ment of the gentleman from Prince George's
(Mr. Clarke) to add the following :
" And unless the said purchaser or pur-
chasers of the Chesapeake and Ohio Canal
shall in proper form secure to the holders of
scrip and other creditors of said company
the payment of such scrip and debts within
twenty years from the date of such sale, with
annual interest at,six per cent."
Mr. SCHLEY. I have heard the amendment
just submitted by the gentleman from Prince
George's (Mr. Clarke.)
Mr. CLARKE (in his seat.) It is exactly
your amendment, to be ratified by the ensu-
ing general assembly.
Mr. SCHLEY. I know it is; and to that
extent lean give the section my support. I
halve already stated that I would not consent
to any sale of the Chesapeake and Ohio Canal
at a sacrifice. While advocating the general
policy that the State should divest itself of |
