Mace, Marbury, Mayhugh, McComas, Miller,
Morgan, Murray, Negey, Nyman, Parker,
Pan-ran, Purnell, Ridgely, Robinette, Russell,
Smith, of Carroll, Sneary, Turner, Valliant,
Wilmer—47.
As their names were called,
Mr. ABBOTT said: As I think that is a mat-
ter belonging to the legislature altogether,
and not to this body, to fix the price, as the
legislature may think it is worth $15,000,000,
1 vote "no."
Mr. HEBB said: I vote " aye" upon this
proposition; but I shall vote against the
whole section.
The amendment was accordingly rejected.
Mr. DUVALL submitted the following
amendment:
Add to the amendment the words :
"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 gale, with
annual interest at six per cent."
Mr. CLARKE. I do not understand whether
that would force the purchaser to pay every
creditor whatever debt the canal may owe.
The purchaser only buys the State's interest.,
and of coarse he takes the carnal with all the
liens the State may have; but yon could not
force them to paly off liens which might exist
prior to the State's. There are $36,000,000
or $37,000 000 which may properly be due
by the canal. Must the purchaser wipe out
all that ?
The CHAIRMAN (Mr. Parnell.) Every gen-
tleman will give his own construction to the
amendment.
The amendment was rejected.
The amendment submitted by Mr. CLARKE
was agreed to.
Mr. HEBB submitted the following amend-
mit:
Strike out all after the word " the" in the
first line and insert:
" General assembly shall so soon as the
public debt shall have been fully paid off,
cause to be transferred to the several counties
and the city of Baltimore stock in the internal
improvement companies equal to the amount
respectively paid by each towards the erec-
tion and completion of said works, at the then
market value of said stock,"
Mr. HEBB. That will make the section
precisely as it is in the present constitution,
where it is section 42d.
Mr. MILLER submitted the following amend-
ment to the amendment:
Insert before the words "general assembly"
ill the first line, the words:
" General assembly shall pass no law pro-
viding in any way for the sale of the State's
interest in any of the works of internal im-
provement but the."
Mr. MILLER. I offer that amendment to |
the amendment of the gentleman from Alle-
gany in order to obviate all difficulty here-
after with regard to the power of the legis-
lature to make this sale. Under the provi-
sion that we have adopted in the present
constitution there has been a question raised
whether or not the legislature has the power
to sell. This amendment will bring the con-
vention square up to the question of sale or
no sale. If the convention accept the amend-
ment the property cannot be sold; but if it
is the wish of the convention that it should be
sold in the mode and manner prescribed
here, the amendment will not pass.
Mr NEGLEY vailed for the previous ques-
tion, and the call was sustained.
The question being first upon Mr. MILLER'S
amendment,
Mr. MII.LER demanded the yeas and nays,
and they were ordered.
The question being taken, the result was—
yeas 3, nays 65—as follows :
Yeas—Messrs. Duvall, Miller, Stockbridge
—3.
Nays—Messrs. Goldsborough, President;
Abbott, Annan, Audoun, Baker, Belt, Black-
iston, Bond, Carter, Chambers, Clarke, Cun-
ningham, Daniel, Davis, of Washington, Del-
linger, Earle, Ecker, Farrow, Gale, Galloway,
Greene, Harwood, Hatch, Hebb, Hoffman,
Hollyday, Hopkins, Hopper, Horsey, John-
son, Jones, of Cecil, Keefer, Kennard, King,
Lansdale, Larsh, Lee, Mace, Marbury, May-
hugh, McComas, Morgan, Murray, Negley,
Nyman, Parker, Parran, Pugh, Purnell,
Ridgely, Robinette, Russell, Schley, Scott,
Smith, of Carroll, Smith, of Worcester,
Sneary, Stirling, Todd, Turner, Valliant,
Wickaird, Wilmer, Wooden—65.
When his name was called, Mr ECKER
asked to be excused from voting, but being
refused, voted "no."
The amendment was accordingly rejected.
The question recurred upon Air. HEBB'S
amendment.
Mr, HEBB demanded the yeas and nays, and
they were ordered.
Mr, CLARKE. I understand that voting to
adopt this amendment strikes out all these re-
strictions upon the sale of the public works,
and would leave the public works at the dis-
posal of the legislature.
Mr. HEBB. I presume so. It would be as
it is in the present constitution.
Mr. CLARKE, It only provides that after
the public debt shall be finally paid off, at
that remote period, these stocks shall be trans-
ferred
Mr. HEBB. I did not make the section in
the original constitution. I suppose the
courts will interpret it. As the people were
satisfied with it before, I think it would be
better to leave it as it is.
Mr. CHAMBERS. There is some difficulty, I
apprehend. I understand that the proposi-
tion of the gentleman from Prince George's |
