1876.] OF THE SENATE. 463

application for a patent, I cannot now make public a detailed
explanation of the devices and combinations which make up
my claim to patent the new method of constructing and im-
proving canals; and as the public interests require speedy
action on part of the Maryland Legislature, in advance of
such public explanation, it becomes necessary to procure from
you in writing the opinions you have heretofore verbally ex-
pressed, that I may exhibit them as the basis of legislation,
which cannot be delayed without detriment to an eminent
public interest.

Under the Constitution of Maryland, no sale or transfer
of the interest owned and held by the State iti the Chesapeake
and Ohio Canal can be made until it has been sanctioned by
the deliberate judgment of two successive legislatures. The
largest interests of the State and of the City of Baltimore how-
ever, require, that initiatory steps should be promptly taken
to procure this legislation, or otherwise a delay of two years
in the prosecution of this important work will be unavoidable.

The emergency must plead my excuse for calling on you
for expression of your professional opinions in relation to the
merits of the proposed new method for construction and im-
provement of canals. I will ask you to state broadly, and
with as much confidence as your candor and truth will justify,
your judgment as to the efficiency, the practicability and
economy of this new plan or method of improving canals.

Most respectfully,

A. J. MARSHALL,

BALTIMORE, March 1st, 1876.
A. J. MARSHALL, ESQ.:

Dear Sir.—In answer to your's of the 20th February, we
have to say that there is much difficulty in giving our pro-
fessional opinions on the merits of your new method of im-
proving canals, restricted as we are by the terms of its sub-
mission, and forbidden to make explanations which would
fortify and sustain our judgment. The emergencies of the
occasion, however, are such, and the public interests involved
are of such magnitude, and the question of time to be saved,
is so important, that we will not evade the responsibility of
expressing a decided opinion, which we can hereafter uphold
when at liberty to give the full argument.

With these preliminary remarks, we do ndt hesitate to fur-
nish you with a general endorsement of your new method ol
improving canals, now in operation. We do not hesitate to
say that the plan may be applied with most valuable results
to the improvement of the Chesapeake and Ohio Canal. By
raising the embankments of the levels, and the walls of the