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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 160   View pdf image (33K)
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Mr. Buchanan called Mr. Brewer to order. He did not
come here to listen to such language.
The President said the gentleman from Baltimore had
no right to question the motives of others.
Mr. Mitchell replied to the views expressed by his col
league (Mr. Stoddert) and said he believed if this article
was put in the Bill of Rights a majority of the people of
Charles county would go against the constitution, no
matter what else was put in it.
Mr. Stoddert was perfectly willing to submit the issue
to his people, and had no doubt of the result.
Mr. Brown said the point made and urged by some gen-
tlemen is a technical point as to whether the rule of tes-
timony shall be changed by insertion in the Bill of Rights
or by legislative enactment. If it is the right of the negro
to testify, let us pass it now, and right here. The Legis-
lature had refused to pass it against the voice of the best
men of the State, and, as he believed, against the wishes
of the majority of the people of Maryland. There au
180, 000 people of this State to whom we have given other
rights, and are they to be deprived of the only way to
maintain those rights? Is not this monstrous? He de-
sired to see this clause inserted as it came originally from
the committee.
Mr. McKaig was opposed to excluding negroes from tes-
tifying. The negro now being free, he should be allowed
to testify. He had known many negroes he would believe
far sooner than some of their white neighbors.
Mr. Wickes regretted to differ with gentlemen for
whose opinions he had so much regard. This question
struck deeper down into the popular heart than many im-
agined. He entered his solemn protest against the adop-
tion of the majority report. He had yet to hear of any
popular voice for the change of the law. We are to!<
that it was adopted in 1717 as necessarily incident to the
state of slavery then existing. Have not free negroes
existed in this State for fifty years? The Convention of
1851 did not extend the privilege of testifying to the
30, 000 or 40, 000 free negroes then in the State. The
Convention of 1864 did not give it—a Convention held
160


 
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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 160   View pdf image (33K)
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