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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 143   View pdf image (33K)
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Mr. Dobbin would reply, in answer to the question of
the gentleman from Charles (Mr. Stoddert) that in his
opinion, which he thought would be concurred in by every
lawyer in the Convention, the retention or striking out
of this clause would have no effect whatever, moral or
legal, on the claim for indemnity which the late slave-
holders have for the wrong committed upon them. It was
not that reason which influenced him in the vote which
he was about to give. If he had been on the committee
which reported the Declaration of Rights, he should not
have agreed to place that article in it, but it could do no
harm and cannot affect any right of property, and he
hoped the Convention would leave it in.
The discussion was further continued by Messrs. Stod-
dert, Goldsborough of Talbot, and Marbury, in favor of
striking out.
Mr. Peters argued at length in favor of striking out,
and said he had received a letter from Charles O'Conor
agreeing with him (Mr. P. ) that slavery had not been
lawfully abolished, and the amendment to that effect had
no place in the constitution.
Mr. Farnandis did not object to the provision, but to
its position. The question of slavery was finally settled,
and there is no necessity for this article. He suggested
that in lieu of it a clause should be inserted in the consti-
tution proper, prohibiting the Legislature from re-estab-
lishing slavery. This would be superfluous, but would do
no harm and guard against the anticipated danger of mis-
representation. The same views would govern his vote
on the witness question.
Mr. Jones again took the floor and argued eloquently
in favor of retaining the clause, as conducing to a good
effect upon the public mind of the country.
Mr. Brown said he rose reluctantly to speak on this
subject. For himself, he was glad the article had been
reported, and that it is placed where it is. He did not
see how the committee could do otherwise. They found
a similar article in the constitution of 1864, coupled with
the wrong inflicted on the State by the manner in which
slavery was abolished. He ventured to say, however,
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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 143   View pdf image (33K)
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