The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-02-23
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The vote was then ordered upon the amendm,

the Eastern Shore. | believe, on the oath have
taken at your side, that the Constitution inbibits
both, and therefore cast my vote against my own
amendment. put the amendment as test TO see
how far State faith was taken into consideration by
the gentlemen here. l am satisfied and as nv
amendment is now of no further use, | vote
| against it.
| Mr. SMITH, of Baltimore arose to explain him
self. He had voted for the amendment, having
been convinced by the eloquence of the gentleman
that the county of Washington was as much enti-
tied to her claim as the Eastern Shore. He felt
| somewhat stutiiied now that the gentleman should
turn against the amendment. 1t put him in an
| awkward position.
The vote was then taken as follows, and lost:
-, feas-Messrs. Kilbourn, Speaker; Smith, Eakle,
Nays-Messrs. Durant, Raisin, Medders, Briscoe,
Parran, Compton, Burgess Ford, Worthington,
Dennison of Baltimore county, Jones of Talbot,
| Chaplain, Dennis of Somerset, Stanford, Lawson,
Linthicum, Keene, Holland, Wilson of Cecil, Max
well, Miller, Bryan, Wootten, Jones of Prince
Georges Legg, Starkey, Jacobs, Landing, Dennis
OF Worcester, Kessler, johnson, Salmon, Naill,
| wilson of Hartford, Bayess, Straughn, Mccoy,
Goldsborough, Booze, Seth, Berry, McAllister,
Turner of Baltimore city, Denison of Baltimore
city, Brning, Freaner, Griffith, Gordon, Beall,
McCleary, Gordon, Mills, Turner of Howard 54
The lst section was slightly amended by the
| friends of the bill
To the fourth section Mr.. BR1sCoE offered the
| following amendment:
And whereas, doubts exist as to the constitution
foregoing sections; therefore, that said question
may be fully tested, tried and finally settled it is
hereby further provided that before any bond shall
De issued IN the name of the State, money paid,
| or In any manner appropriated through any of its
ohcers, as provided in the bill, it shall be incum-
bent on the several companies hereinbefore men
toned, to sue out from the Circuit Court of Anne
Arundel county a writ of mandamus, directed to
| the Comptroller, to show cause why he refuses 70
| comply with the said foregoing provisions of the
act and 1t Is provided and enacted that it shall be
ms duty to refuse to comply with the same until he
shall be directed to do so by the Judgment of the
Court; and if such Judgment be awarded to the
right OF the several companies as aforesaid then
this act shall be deemed and taken as of no effect
put as null and void; otherwise to remain in full
| force.
Section s. And be it enacted that right of ap-
peal from the decision of the Circuit Court be au-
| thorized
Mr.. GoRDoN addressed the House upon the con-
| sututlonal questions involved. He spoke against
the amendment. He argued that the Constitution
was but a law, nothing more. 1t is part of the
| law OF the State, and he could not look upon it
with so much reverance others. The gentleman
then went into an elaborate diScussiOn-defining
the term Constitution, and the terms construction
and interpretation. He was listened to with atten
| tion
| Mr.. FREANER replied to Mr. Gordon He was
amazed to hear the gentleman regard the Constitu-
| ton IN so light manner. He held it as the law
supreme, before which all other laws must give
| way-to the provisions of which all other powers
|
State was pledged to pay the debt nowin ques-
ton, but contended that the Constitution had alb
solved it from any liability, and considering the
instrument, as he did, sacred he never would lend
his voice against it. As regards the Eastern Shore
Railroad he thought it was commenced by private
parties before the State had a hand in il. The
State pledged her faith to the appropriation under
conditions that it should not be commenced, and
when the condition violated the State was abb
solved, and when the subscriptions of private indi
vlduals did not keep pace with the State subscrip-
tions, then the faith could not be preserved.
Every antecedent upon which the State vested
her faith failed; and the pledge Of faith did not
| therefore become and remain binding. She was
released IRON its exactions. Mr.. +. then drew a
comparison between the action of Washington
county, in advocating her claims, and that of the
Eastern Shore. He asked why do not the Eastern
| Shore men do as Washington county did-go into
the Courts? If this is vested and legal right
why did they not go into the Courts and claim it
Justice can be had in our Courts-the ermine
OF our Judges of the Court of Appeals has never
yet been tainted. He thanked God that corruption
had never crept into their midst, and there was at
least one place in the State where justice was to be
obtained. Don't come in here, when YOU can po
| into the Courts accept this amendment, and give
the people fair chance of testing the constu-
tionality of the bill. He thought combinations had
been formed by which this bill would be passed,
and the legislation of the State be made barter
and trade. He hoped this not So yet it looked
very much like truth
MIR. LONG, of Somerset, replied to Mr.. Freaner
lie dwelt short time upon the several questions
| involved, and fastened to conclude his remarks
! In relation to the Eastern Shore Railroad he ey-
| planned that when the road was wound up, the
very last session of the winding up acknowledged
the original claim OF the Shore. He urged gentle
that if they would make an invidious discrimi-
nation, not to put it the Eastern Shore He had
heard it said that corrupt means were used to put
this bill through the House. In reply he stated
that if this was so, now the time to investigate
the matter Don't, said he wait until, like the act
OF 3d. years have elapsed and then allow asper-
sions to be cast upon our characters, when perhaps
we are dead let AT least names be free from re-
proach. L. Maryland stand forth and meet her
| engagements; what is the faith the plighted faith
OF Maryland, to million of dollars? 1t called upon
members, Marylanders, to stand up for this bill
He did not appeal to them as an Eastern Shoreman
out as Marylander, and asked his right as an
Eastern ShOrcman.
| Mr.. Lone was listened to with marked atten-
| tion.
Mr.. BRIscoE thought it his duty to respond to
| the gentleman from Somerset, Mr.. Long, He
would only detain the House a few minutes The
amendment he proposed, he said, covered all the
| constitutional grounds. If there was objection to
the bill on this point, the amendment provided a
way for getting out of the serious difficulty He
thought the right of appealing to the proper tribu
nal in this matter would be conceded to those who
had conscientious scruples. The Court of Appeals
was the proper place for such decision The
House is involved in doubt and that tribunal was
the proper place to try the issue If the claim was
just and constitutional the friends Of the bill
maintained, why were they afraid to go before the
| Court. No, the gentlemen knew too well that
there Is tribunal in Maryland which would right
| y construe the Consttution-not so literally how
| ever, the gentleman from Alegany Mr.
Gordon is wide latludinarian in all that pertains
10 construction. IhIS same latitude to cOnstruc-
tion upon points involving great interests has
brought most of the evils upon our common n country
ofwhich we now with reason complain. If the cues
ton, however, is brought before the Court of An
peas it will meet with a somewhat different treat
ment. The constitutional provisions will be strict
| ly construed.
As to the intentions of the trainers of the Const-
tuition, in points bearing upon this subject he cited
the vote and argument of Mr. Spencer, from the
| Eastern Shore, in the Reform Convention of 1850
Mr.. Spencer most distinctly and emphatcalIy ad-
yocated the complete binding up of appropriations
| by the Legislature. For the completion of all
works of internal Improvement then begun he ar
gued and voted in direct opposition the members
| from the Eastern Shore in this House. His course
| clearly showed in what manner the Eastern Shore
| claim was held by her own people at that time.
| How widely different was their policy now, when
| they had almost dozen greedy railroads to feed!
In concluding, Mr.. b. contended that the passage
of the bill would necessarily relard and embarrass
! future Legislatures for years and years.
The question was then called for from all sides Of
the House, and great anxiety seemed to be mani
tested in bringing the bill to a final vote
The question was then put on the amendment of
| Mr.. BriscOe and lost The ayes and nays were as
| follows:
Yeas-Messrs. Kilbourn, Speaker; Durant, Mac
| kubin, Brscoe, Parran, Compton, Burgess, Worth
| ington, Bryan, Wootton, Kessler, Clagett Rnut-
zahn, Salmon, Coudy, Eakle, Brining, Griffith
Harding, Roop, GOrsuch, Turner of Howard-22.
! Nays-Messrs. Rasin, Medders, Ford Dennison of
| Baltimore county, Renshaw, Jones of Talbot, Chal-
lain, Dennis of Somerset, Long, Stanford, Lawson,
Keene, Holland, Wilson of Cecil, Maxwell Miller
| Legg, Starkey, Jacobs, Landing, Dennis of Wor-
cester, Wilson of Hartford Bayless, McCoy.
Straughn GOldsborough, Kraft Booze Seth Ber-
ry, McAllister, Smith, Turner of Baltimore CITY.
| Denison of Baltimore city, Stake, Gordon, Bernard
Beall, McCleary-39.
Mr.. BURGESS, of Charles, offered an amendment
to the fourth section, providing that in case a tax
is to be imposed upon the people pay this appro-
pratiOn, that the counties Of Charles and Calvert
| be exempted from the taxation.
Mr.. BURGESS asked to relieve the counties named
| from further taxation in this matter They have
| already been burdened to death by taxes.
| Mr.. DURANT asked to amend so that St. Mary's
| county shall be exempted from taxation.
Mr.. BURGESS accepted the amendment
! The vote on it was follows:
| Yeas-Messrs. Durant, BrscOe Parran Comm
ton, Burgess, Ford, Worthington, Bryan, Routzahn
| 3
| Nays-Messrs. kilbourn, Speaker; Rasin, Med
ders, Mackubbin, Dennson of Baltimore county,
| Renshaw, Jones of Talbot, Chaplain, Dennis of
Somerset, Long, Stanford, Lawson, Linthicum,
| Keepe, Holland, Wilson of Cecil, Maxwell, Miller
Wooton, Jones of Prince Georges, Legg, Starkey,
| Jacobs, Landing Dennis of Worcester Kessler
johnson, Salmon, Wilson of Hartford Bavless
| Mccoy, Straughn, Goldsborough Booze Seth.
| Berry, McAlister, Smith, Turner OF Baltimore
city, Cowdy, Eakle, Brining, Stake Griffith Hard
ing, Gordon, Barnard, Beall, McCleary, Roop Cor