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the federal constitution, the power of congress to regulate commerce with foreign nations and among the several states, and the grant of the immunities and privileges of citizens of the several states, to the citizens of each state. These principles are irrelevant to this case, and the claim cannot be sustained upon either of them.
Remonstrance to the legislature of Pennsylvania, as heretofore, is, in my opinion, the only proper measure that can be taken. Measures of coercion or of compulsion, cannot with propriety be adopted, or legally enforced. If the right to continue, or to reconstruct the dams shall continue to be asserted and redress refused, there is no remedy. The subject matter of complaint proceeds from the local regulations enacted by Pennsylvania, in aid of her internal improvements, and cannot be noticed by the judicial tribunals. The exclusive right of sovereign jurisdiction within the territorial limits of a state to enact municipal laws, regulating internal improvements and domestic police, and declaring public highways by land or water, to be opened, obstructed, changed, altered or improved, is a power reserved to the states and not inconsistent with the constitution. Maryland and every state of the union claim, and have exercised the same prerogative. The Pennsylvania acts of 1801 and 1827, which gave rise to the present contest, are of this character, and cannot be judicially impeached.
The power vested in congress to regulate commerce with foreign nations and among the several states, has never been construed to confer any constitutional right to control, impede, preventer interfere with the municipal laws, and internal regulations of either foreign nations or of the states. They have been respected and held inviolable.
The clause of the constitution granting to the citizens of each state, the privileges and immunities of the several states, has never been construed to confer any such power or authority, but its construction has been strictly confined to the subject matter to which it relates, and to none other.
The report of the commissioners admits, that the act of Pennsylvania, 1801, is not a compact, agreement, or contract, within the meaning of the constitution, and that the acts of 1801 and 1827, are constitutional; if so, they are subject to repeal, amendment, or modification, at the will and discretion of the legislative power, and the exercise of such authority cannot be controverted by any judicial tribunal.
The right of a state to those parts of navigable rivers, creeks or other waters within the territorial bounds of other states, claimed or derived from the law of nations, or by prescription, may be well questioned. If such rights are tenable and can be sustained, why did Maryland and Virginia, in 1785, make a compact upon that subject, and thereby ascertain and establish their respective rights, as may be seen by reference to the act of confirmation, passed at November session, 1785. If the right was sufficient, the compact was unnecessary.
Why has the general government, in admitting new states into the union, cautiously required and imposed a fundamental provision reserving such rights to the citizens of other states, as the indispensable and unqualified condition of their admission? If the right existed and was valid by the law of nations or by prescription, such provision and indispensable condition would be
unnecessary. Congress has thought otherwise.
Why were the Maryland act of 1799 and the act of 1813, passed? If the Susquehannah river in Pennsylvania, was at that time a public highway, these acts were unnecessary, and could give no additional right; but these acts, in connexion with others, incontestably prove, that at that time the river was not navigable, according to the common acceptation of the term; that individuals or bodies corporate,had no authority to remove the natural obstructions impeding the navigation within the limits of Pennsylvania, without her assent; and that a right by the law of nations in prescription, was not claimed or relied on by Maryland. After a careful consideration of the subject, I conclude, that remonstrance to the proper authorities of Pennsylvania, is the only measure; I cannot advise any other.
Legislation.—1833.—The message of governor Howard was transmitted to the legislature on the 3d of January. In consequence of the probable fate of the United States bank, the governor recommends the immediate chartering of a state bank, to be founded upon the funds of the state. In regard to the works of internal improvement in progress within the state, he states that an unexpected obstacle to the prosecution of the Baltimore and Ohio rail-road had arisen, in the refusal of the canal company to permit the rail-road to pass the difficult and narrow places in the valley of the Potomac in company with the canal. Besides refusing the permission requested by the state of Maryland, the directors of the canal have changed its original location along the narrow passes between the point of rocks and
Harper's ferry, and have occupied the ground in such a manner as to prevent the possibility of the railroad being extended through that part of the valley. The governor complains of this discourtesy on the part of the canal company, and suggests measures for inducing the company to retrace its steps. Notwithstanding this impediment, there is no fear that the rail-road will not be completed, though with considerable additional expense.
Lotteries are denounced, and it is proposed to procure the co-operation of all the states to abolish them throughout the union.
The legislature of Maryland at its session, begun on December 31, 1832, passed three hundred and eighteen acts, and eighty-nine resolutions.
Academies.—Five academies were incorporated.
Amkkican Colonization Society. An act was passed to repeal the act of 1826, making appropriations for the benefit of the American Colonization Society; the reasons given are that, on account of the restrictions of that act, the society had not drawn on the treasurer for the appropriation, and that the state had now embarked in the work of colonization on her own resources.
Appeals.—An act was passed granting appeals from the court of chancery, and from the several county courts, as courts of equity ,^to the court of appeals in certain cases.
Another act was passed respecting appeals in cases of issues sent for trial from the orphans' courts.
From and after September 1, 1833, where any judgment of any county court shall be affirmed by the court of appeals, and it shall appear to the latter court that the appeal or writ of error was taken, or sued out merely for delay, the Gourt of appeals shall award, over and above the interest, damages for delay, at the rate of four per cent, per annum, for the time between the rendition of the judgment in the county court and the affirmance thereof.
Attachment.—An act was passed to subject stocks and funded property to attachment and execution for debt.
Canals.—Acts were passed to incorporate the Beaver Dam and Harrington Branch Canal Company; and the Lewis and Pocomoke Canal Company.
Colleges.—The Mount Hope Institution, in the vicinity of Baltimore, was established and constituted a college; an act was also passed to incorporate the Washington Medical College of Baltimore.
Constitution Of The State.— Whereas doubts have arisen in regard to the true construction of the constitution of this state, in relation to persons holding offices of trust or profit, under the authorities of this state, who may hold an appointment under the general government, and for the more fully explaining the same, therefore it is enacted that no postmaster or his deputies, no marshal or his deputies, shall hold any office under the government of the state, or exercise any of the functions of any office which he now has or may hereafter receive from the executive of this state, after May 1, 1833, under the penalty of $50 for every such offence.
Corporations The provisions of the several acts prescribing the manner of suing out attachments, are to apply to all debts due from, and claims against, and judgments recovered against, and to all debts due, and claims accruing to any corporations, in all cases of debts
from, or claims, &c. against any corporations in favour of, or belonging to any minor, feme covert, or lunatic, the guardian, husband, or committee respectively, is to be competent to make the oath or affirmation required by the acts above referred to; in cases of debts, &c. accruing to any corporation, the president, treasurer, cashier, or other officer of such corporation, for the time being, shall be compe. tent to make such oath or affirmation; where any attachment shall issue against the property of any corporation, such corporation may in cases where a natural person if defendant might, by entering special bail to the action, dissolve such attachment, dissolve the same, by entering into bond with security for paying and satisfying the judgment that may be rendered against said corporate body.
An act was passed to regulate the mode of proceeding against corporations, in case of the abuse or non-user of their powers and franchises, for the purpose of vacating and annulling their charters.
The governor with the consent of the council, is required to appoint three suitable persons to represent the state at all meetings of the stockholders of any and all joint stock companies, which have been, or may bej hereafter incorporated to make roads and canals, and to vote therein according to the interests of the state.
Courts,—This is an act further to regulate the proceedings in the several courts of equity. The 7th section provides, that where any infant feme covert shall, in respect to her dower, unite with her husband in any conveyance or lease, executed and acknowledged in form for passing feme covert's real estate. and the court of chancery, or any county court, as a court of equity shall deem such conveyance or lease expedient, such court may, according to the rules of equity, proceed to adjudge that such conveyance or lease be confirmed and declared valid. Where the defendants in any suit shall be infants, residingin any other state, on the petition ofthecomplainant a commission may be issued to any two persons, in the discretion of the chancellor, or any judge of the equity court, as commissioners, authorizing them, or either of them, to appoint a guardian to answer for such infants, and to take the answer of such guardian; and the answer of every infunt so taken, in any case, shall be as effectual as if taken under a commission duly executed within the jurisdiction of such court.
Imprisonment For Debt.—The act of 1830 to abolish imprisonment for debt, on certain judgments, rendered by justices of the peace, was repealed; but this is not to be construed to extend to judgmentsobtained before March 20, 1833.
Taxes.—This act was passed to facilitate the collection of taxes on the estates of deceased persons, requiring executors and administrators to render an account in writing to the commissioners, &c. of the property of deceased persons, which is liable to assessment &c.
Divorces.—Twenty-five acts of divorce were passed.
Free-masons.—An act to incorporate the Cambridge Lodge.
Hat, &c All hay and straw sold by weight in this state, shall be sold by the net hundred, and every twenty hundred pounds net weight shall be considered a ton.
Horticultural Society An
act was passed to incorporate the Horticultural Society of Maryland.
Inspection Law.—An act was passed to provide for the inspection of plaster of Paris in Baltimore.
Insurance Company The General Insurance Company of Maryland was incorporated with a capital of $300,000, which the company is authorized to increase to #1,000,000.
Licences—This act provides that nothing therein contained shall ba construed to require persons to take out a license for the sale of cider or small beer made by the person offering to vend the same, or to prohibit the distiller of spirituous liquors from selling without license, in quantities less than a quart, the spirits distilled by the seller.
Notaries Public—Notaries are empowered to administer oaths and affirmations, in all cases of a civil nature in which they may be administered by a justice of the peace;and a certificate under the notarial seal of any notary public, is to be sufficient evidence of his having administered such oath.
Odd Fellows.—Three lodges of the order of Independent Odd FeU lows were incorporated.
Oysters.—It is provided, that whenever the sheriff* of any county shall have summoned his posse comitalus, with the intention to proceed to the capture and arrest of any boats or vessels, which may be engaged in taking oysters in violation of the law, he shall have power and authority to seize upon and take possession of any vessel or steamboat in his bailiwick, which he may find it necessary to employ for such purpose; but in case any injury may be sustained by such vessel or steam-boat, the owners shall be entitled to receive from the state full indemnity for the same, and also compensation and indemnity for the use of, and detention of such vessel or steam.boat.
Passengeks. —An act was passed in relation to the importation of passengers into the state; masters of vessels are required to report the names, ages, &c. of alien passengers, and to pay in respect to every such passenger who shall be above the age of five years, the sum of one dollar and fifty cents to the clerk of the county in which alien is landed, or to the mayor or register of Baltimore, if he is landed there; or they may become bound by specialty, with sureties to such clerk, &c. in a sum not exceeding $150 for each passenger, as aforesaid, to indemnify the county, &c. from all expenses which may be incurred at any time within two years for the maintenance of such passenger; penalties are provided in cases of violation of the act.
Pilotage.—Vessels of the burden of 130 tons and under, engaged in the coasting trade, shall not be obliged to take a pilot or pay half pilotage from the port of Baltimore to the capes in Virginia; where a controversy shall arise between the master of any coasting vessel and a regularly licenced pilot, the parties are authorized to take the case before a single justice of the peace for a hearing and settlement of the dispute.
Rail-eoads.—Acts were passed, providing for the continuation of the Baltimore and Ohio rail-road to Harper's Ferry; and incorporating the Somerset and Worcester Railroad Company; the capital of the latter company is f 100,000.
savings institutions were incorporated.
Negroes.—Several acts were passed in relation to free negroes and slaves.
In all cases where the wife or the husband of any slave held and owned in this state, by any citizen thereof, shall be a slave owned and possessed by an inhabitant of any adjoining state, district, or territory, the owner of such slave may purchase, import and bring into this state, from such adjoining state, &c. the said wife &c.; provided the solemnization of the marriage ceremony between such slaves, according to the form of some one of the churches, or religious communities of this state, be proved by the affidavit in writing of the person so purchasing such slave, or by the affidavit of some other creditable white person, and left to be recorded with the clerk of the county court of the county into which such slave shall be introduced; and provided also, that suchmarriage ceremony shall have been performed before the passage of the' act of December, 1831.
Land Companies.—The South Baltimore Land Company was incorporated, with a capital "£of $500,000, and the Toulon Company, with a capital of $2,000,000, for the improvement of lands in the vicinity of Baltimore, the erection of wharves, &c.
Geological Survey.—A resolution provides for the appointment of an assistant to the engineer to be appointed on the subject of a state map; the assistant is to make the necessary geological researches, and report upon the expediency and probable cost of a geological survey of the state.