32 Board of Public Works
it had to prevent "injurious competition," and to report annually to the legislature).
The Dorsey amendments, which were accepted by Howard, (1) qualified the power to
appoint directors by adding the phrase, "where such power can be constitutionally
exercised," and (2) allowed the board to report to the legislature "annually or biennially
as the case may be";32 (3) set as the criterion with regard to reviewing tolls the "in-
terests of the State" instead of the "interests of the treasury of the State"; and (4)
required the board to keep a journal of its proceedings and "if they deem it necessary
to recommend such Legislation as they shall think requisite to promote or protect the
interests of the State in the Public Works hereinafter mentioned."33
Following this and some additional sparring with Dorsey, Davis succeeded in
adding to the Howard amendment, against Howard's wishes, a requirement that "in
the adjustment of tolls, due regard shall be had so to adjust them as to promote the
agriculture of the State." With these amendments the Howard amendment itself was
adopted by a close vote of 38 to 36.34
After rejecting a number of other proposed amendments as not being timely offered
(the previous questions having been called), the convention approved the Thomas
substitute, as amended, by a somewhat greater margin and then formally adopted it
as the committee report. In a "last ditch" effort Schley moved to reconsider the vote
and to substitute a proposal for the popular election of three state agents—one from
the Eastern Shore and two from the Western Shore. His motion was tabled, as were
two others by William H. Tuck and Curtis W. Jacobs dealing with the salary to be
paid the commissioners.35
The vote on the Thomas-Howard proposal was largely regional. Although a num-
ber of delegations were split, most of the delegates from the western and central sub-
divisions voted for the proposal, whereas the southern counties were solidly against
it, as were most of the Eastern Shore delegates. The final provisions adopted by the
convention became sections 1, 2, and 3 of article 7 of the 1851 Constitution (Sundry
Officers). In summary they:
1. provided for the election, by district, of four "Commissioners of Public Works";
2. created for that purpose four districts: the First District comprising Allegany,
Washington, Frederick, Carroll, Baltimore, and Harford counties; the Second
District, Montgomery, Howard, Anne Arundel, Calvert, St. Mary's, Charles,
and Prince George's counties; the Third District being Baltimore City; and the
Fourth District the entire Eastern Shore;
3. provided four-year semistaggered terms for the commissioners, with two of the
initial members serving for two years and two for four years, any midterm
vacancies to be filled by the governor with the advice and consent of the Senate;
4. authorized and directed the state treasurer to break a tie vote among the com-
missioners "on any subject committed to their charge"; and
5. charged the commissioners with the following responsibilities:
32. This was evidently in reference to the convention's determination to limit the General Assembly to
biennial sessions after a transitional period of annual sessions. Art. 3, sec. 7, of the constitution proposed
by the convention (and later ratified by the people) provided for annual sessions in 1852, 1853, and 1854,
and thereafter for biennial sessions.
33. Reform Convention Debates, 2:446. See also note 22 above.
34. Reform Convention Debates, 2:448, 449. Davis's amendment was by no means an afterthought. The C
& O Canal Company initially relied on agricultural trade but soon recognized the need to stimulate other
forms of commerce as well, principally mining and manufactured goods. It tried to do this by categorizing
and manipulating its toll rates. In 1841, for example, it increased the rates for agricultural products. To
the extent that the new board would have anything to say about toll rates, the agricultural interests wanted
some assurance that they would not be disadvantaged. See, in general, Sanderlin, Great National Project,
pp. 189-91.
35. Reform Convention Debates, 2:449-52. The three proposed sections of the Thomas proposal were voted
upon separately. Art. 1 concerning the creation and duties of the board was approved by a vote of 40 to 34;
art. 2 regarding residence requirements of the commissioners passed by 47 to 31; and art. 3 establishing
election by district and terms passed by a similar vote of 47 to 31.
