The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-02-22

Mr.. KnDoURN argued against the bill in sub
stance the same yesterday.
Mr.. LANDING asked him if the debt now asked tc
be paid was incurred before after the framing o
| the Constitution?
Mr.. KILBoURN.-If the trainers of the Constitu
| ton were legally authorized to make a Constitu
tom II they made laws to regulate these appropri
atoms and those laws against payment of the
deot, you cannot go behind it. There is no higher
law than the Constitution, and if it prohibits any
appropriation, in section % Of article 3, we can
not go behind it. The Convention would seem tc
nave had an eye single to these appropriations
alone, IN framing the section of the Constitution
quoted.
Mr.. DENNIS, for one was not to be deferred from
DONG right action because there was another
claim before the House equally right. Let us dc
right though the heavens fall; let see if the mea
sure is right-ifit be right, he would 90 into it
even though it involved a direct tax as long and
twice as long any other that has prevailed in for.
mer times. He quoted the law of 1888. He did not
see IN the Constitution one syllable, word. or one
sentence prohibiting the payment of this lust claim
He read the constitutional objections of Mr. Kill
bourn. He asked if the provisions of the article
were retrospective or prospective. Can it be de-
hoerately tortured to mean that this proud old
commonwealth repudiates her just debts? that all
CHAINS incurred In the past are to be wiped out? By
no means The section expressly says that hereafter
no debt shall be incurred. The single word here
otter throws food of light upon the matter.
Again, another section which provides for paying
VII Ie pulic provides Tor such claims
as this. Again in 7th section, art TO- we find it ex-
pressly provided that call debts and all vested liza
bllities incurred by the State shall remain as if
TINS TINS Constitution had never been adopted The
State OF Maryland is sovereign-she cannot be
sued like individual for debt but she has never
theless plighed her faith that this debt which she
has contracted should be paid. Taking the sec
tions all together, it would seem that one could
come to conclusion against the appropriation
Besides, let us observe faith; let the Eastern Shore
not lose faith in the West; let us not loose conf
dence in the Western; let us, who have sustained
the West, be not denied what ask
MIR. BRIsCoE could not agree with the proposi-
tons of either gentleman Mr. Freaner or Mr..
Dennis). The claim of the Eastern Shore is predi-
Gated upon the great act of 1885, which is the
landlords box OF our community. In the last Re-
form convention, men from the Eastern Shore look
ed upon the act of '35 as wrong under the old Con-
sttutl0n. That was the doctrine of the Eastern
Shore in '3S. Previously the power for the Legfs-
iature to make appropriations on State credit was
denied That was the doctrine he asked the gen.
temen from the Eastern Shore to remember. That
was the doctrine entertained by her people in the
convention of so. On what grounds do the gentle
men predicate their claims? Simply on the art. 10.
sect. They say, for the future we shall not make
appropriations, but that all appropriations hereto
fore made should stand. He asked how this conclu.
sion comported with the opinion Of her people in
1850.
As regards the pighted faith of the State--was
1t regarded in the case of the Washington county
and 39, the Legislature assumed the debts of the
bankrupt Eastern Shore Railway The debt was
cancelled by act of lS39-and the State was reliev
ed of all further claims in this particular They
make another railway-the Maryland and Della
ware Railroad they come in 1856 and 1858 and
ask Tor money foEthi concern, which had also be-
come bankrupt. Besides this, in 1925, 5000 900
was appropriated to laying of bitches, &c. on the
Eastern Shore. This appropriation was made on
as fair and equitable grounds. Shall we who have
had so many lessons in these mad schemes of inter
nal Improvement, rush into them again (? believe
the act OF 1888 was conceived and brought forth
IN fraud. The eight million appropriation was
clearly IN opposition to the old Constitution |
could not under any circumstances vote to sustain
any such law. The Eastern Shore has already had
enough money. He would like to see such enter
prises as contained vitality in themselves encoura-
ged, but he believed the money would be sauander-
ed to no purpose.
Mr.. DENNIS did not want to know whether the
eight million appropriation was conceived in fraud
or born IN iniquity From all that he could see in
the laws, every contingency and requirement of
the act of 1885 was complied with. The act of '39
proves it; papers in the Comptroller's office will
prove it. The act of '39 provided for the winding
up OF the Railroad-the Directors on the part of
the State obliged to wind it up by their votes
The concern was not bankrupt.
Mr. DENNIS then read the opinion of the late
Chancellor of Maryland, Mr.. John johnson who de-
cided that the right of the Eastern Shore to the
million was a vested right-it was bindino-in
good faith and morals.
MIR. FREANER offered the amendment to test the
state faith, so loudly talked of by gentlemen on
this floor. He did not offer it upon any constitu.
tlonal right, bat simply test to see how far
gentlemen will act, when other sections of the
State are concerned. The failure of the Baltimore
and Ohio Railroad to make Boonsboro' and Ha-
gerstown section, caused forfeiture of 81 900 600
The gentlemen from the Eastern Shore came up
here and voted to remit the penalty and rob the
county of Washington. They repealed the law
and absoived the road from its forfeiture. If YOU
are disposed to sustain State faith, come up and
vote Tor the amendment. No one has dared to say
that the claim OF Washington county is not lust
1t has been acknowledged by the House that it is
pertinent and within the perview of the Eastern
shore CLAIM, Why then do they not vote for the
amendment? Why do they not stand up for State
falth--sustain it in all cases?
Mr.. DENNIS answered that the gentleman has
been warning against his bill, and he did not see fit
to admit his amendment. Besides. the Court of
Appeals has decided against WASHINGTON county in
their claim. The Legislature did not recognize if
and he did not see how the Eastern Shore could
include 1t and cucumber their bill with what the
Courts and Legislature did not allow. If our bill
is untrammelled with the Washington county
amendment, and the claimed is put upon its
own merits, he would express himself in favor of
the claim in the abstract. Yet he must admit the
right OF the Legislature to DENY it,
MIR. GORDON said the people of Allegany were in
favor OF the bil they authorized their representa-
tives to vote for it if they could conscientouslv do
so. We are told that we must make no apuropria-
tions now, because other claims will flow in They
attempt to frighten us with these visions He said
that, far from our State being injured by iberay
subscribing to works of internal Improvement her
best interests had been advanced. MARYLAND made
the first railway built the first turnpike, and made
the first telegraph. The entire Union is indebted
to her tor improvements; are in advance of
them all He not for receding at this time
She was in debt; but she up manfully to their
liquidation. There is no stain of reputation on
her fair escutcheon. By her internal improve
ments her true resources have been brought out
villages and towns have sprung up the basis of tax
alton has been increased from thousands to mil
lions, and our State rendered most prosperous.
Is 1t policy for statesmen to dwarf the energies
OF the State? By no means. Her energies should
be brought out. Liberality is what we need He
was in iavor of it. The State should be developed
and liberality should characterize her conduct
While he was not prepared to vote for the bill it
stood, he was willing to do so when it met his
views. As to the Washington county claim, he
believed the action of 1910, in the Legislature was
wrong. Washington county had voted for the ap-
preparation to the Baltimore and Ohio Railroad, on
condition that the railroad passed through their
territory. He thought the action of the Legisla-
ture unjust in this case, and at proper time he
would vote to make it all right-f there were no
constitutional objections.