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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 138   View pdf image
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138

perhaps, obviate the difficulty, and he explained
its purport.
Mr. BISIR with a view to allow an opportunity
of testing the practical operation of the existing
rule, moved to lay the motion to amend on the
table, but withdrew the motion at the request
of—
Mr. BLAKISTONE, who replied to Mr. Brent.
After some further remarks from Mr. BRENT,
The motion to lay the proposition of Mr.
BLAKISTONE, on the table, was renewed, and was
decided in the affirmative — ayes 40, noes 30.
So the proposition was laid on the table.

THE LEGISLATIVE DEPARTMENT.

Mr. PRESSTMAN, from the committee on the
legislative department, submitted the following
additional provisions:
"No person shall be imprisoned for debt.
"The Legislature shall not pass any law abol-
ishing the relation of master and slave, as it now
exists in this State.
"That the Legislature at its first session after
the adoption of the Constitution, shall appoint
one Commissioner to revise, digest and arrange
the statute laws of the State, civil and criminal,
and one commissioner to revise, simplify and
abridge the rules and practice, pleadings, forms
and proceedings of the courts of record of this
State.
"The Legislature shall have power to protect
by law from forced sale, a certain portion of the
property of all heads of families.
"Taxation shall be equal and uniform through-
out the State."
Mr. P. repeated the statement which had been
made on a former day by the Chairman of the
Committee on the Legislative Department of the
Government, (Mr. Johnson) lhat it was under-
stood that no member of the committee was in
any way bound to adhere to the provisions re-
ported.
Mr. STEWART, of Baltimore city, (to the Pre-
sident.) Will the report go on the journal un-
der the order adopted yesterday ?
The PRESIDENT. It will go upon the journal,
and also be printed in bill form.
Mr. JOHNSON suggested whether it would not
be well that all the reports should go upon the
journal, including those which had been made
before the order of yesterday, as well as those
which might be made subsequently ?
Some conversation followed, in which Messrs.
SPENCER, COST JOHNSON and the PRESIDENT took
part, when
Mr. MCLANE suggested that the reports refer-
red to should be recorded on the journal when
they came up for consideration.
Ordered accordingly.

Mr. BROWN moved that the Convention pro-
ceed to the consideration of the order of the day
— the Report of the Committee on the Executive
Department — but waived the motion at the re-
quest of Mr. JENIFER.

MASTER AND SLAVE.

Mr. JENIFER asked the Convention to take up

at this time, by unanimous consent, the article
which he bad reported on Saturday last, from the
Committee No. 14, on the subject of master and
slave.
The report was read as follows :

"The relation of master and slave in this State
shall not be abolished, unless a bill to abolish the
same shall be passed by a unanimous vote of the
members of each branch of the General Assem-
bly , and shall be published at least three months
before a new election of delegates, and shall be
confirmed by a unanimous vote of the members
of each branch of the General Assembly, at the
next regular constitutional session, after each new
election, nor then without full compensation to
the master for the property of which he shall be
thereby deprived."
Mr. JENIFER said, he supposed that the Con-
vention would not occupy more than five minutes
in the discussion of this report. It was a mere
re-enactment of the provision of the old Consti-
tution. It had been reported under the unani-
mous sanction of the committee, and there would
not, he presumed, be a dissenting voice in the
Convention. The prompt and ready action of the
Convention upon a pioposition which he believed
would unite all voices, would be attended with at
least this advantage — it would shew that one de-
cisive step had been taken towards the enactment
of a new Constitution.
Mr. BOWIE said, he hoped that his friend from
Charles (Mr. Jenifer,) would consent to let this
report lie on the table for the present. He (Mr.
B.) much preferred the substance of the order
introduced a day or two since, by the gentleman
from Baltimore city, (Mr. Presstman,) which de-
clared that the legislature should not have the
power to abolish slavery in this State.
Mr. JENIFER, repeated the statement he had
made, that the report had been made by the
unanimous vote of the Committee.
Mr. BOWIE said, he was not the less opposed
to it on that account. He thought that the Leg-
islature had just as much right to take his farm
and give it to another man, by a unanimous vote,
as they had to take any other property. He
could see no distinction between the two cases.
If no other gentleman, (continued Mr. B.) moves
a substitute, I will.
Mr. JENIFER. I think my friend from Prince
George's, (Mr. Bowie,) on looking over the re-
port, will find that the provision is as compre-
hensive as any thing can be.
Mr. BOWIE. My objection to the clause is not
captious. I do not quarrel with the phraseology,
but with the idea. I regard it, as contrary to
the bill of rights. I hold that no State or Gov-
ernment has the right to take private propeity,
except for public use, and then only upon com-
pensation made. 1 hold that the Legislature .
has no right frora mere motives of caprice, mere-
ly in the exercise of a false and arbitrary power,
to deprive a citizen of his property, and that it
can only be done when the exigencies of the
Government require that that property should be
converted to its own use. I say, I know of no
principle short of that, upon which this power can