They beg leave further to report that they
have understood that two citizens of the State
of Pennsylvania who acted as agents of James
S. Mitchell, in capturing his slaves, have been
convicted of the crime of kidnapping, and sen-
tenced to the Penitentiary of that State. Be-
lieving, as your committee do, that the taking
and delivering to the said Mitchell, by the said
agents, of the child of the fugitive slave woman
of the said Mitchell, was not a crime under the
federal constitution, but in strict conformity
thereto; and feeling as they do, the deepest
sympathy for the said agents, they beg leave to
report the following resolutions:
Resolved, That the Executive of this State be
requested to instruct the Attorney General to
cause such proceedines to be set on foot, as that
the case of said agents may be brought before
the Supreme Court of the United States for its
adjudication.
Resolved, further. That one thousand copies of
correspondence between the Governor of this
State and the Governor of Pennsylvania, with
the accompanying documents, be printed for
the use of the members of this Convention.
Mr. PHELPS called for the reading of the
above report and resolutions, and they were
read accordingly.
Mr. CHAMBERS said, he rose for the purpose
rather of suggesting the propriety of referring this
business to the Legislature, than with any view to
present a distinct motion.
It was very true the Convention had on one
occasion assumed a sort of irregular organization,
when they expressed their opinion, in the shape of
a series of resolutions, in regard to certain most
important political questions. They then assumed
somewhat the character of representing the peo-
ple in their political relation to the rest of the
United States. It might be said, they were not
exercising powers properly belonging to any par-
ticular department of the Government. He held
it proper that we should not assume a duty which,
in the regular distribution of powers and duties
amongst the different departments, was veiled in
one of them.
He would therefore suggest, whether the mat-
ters to which these resolutions relate were not
properly within the range of ordinary legislative
cognizance? and if so, whether it would not be
best to turn Over the whole subject to the Legis-
lature? It probably will happen that further ac-
tion must be had in regard to this movement.
Indeed, the movement now suggested for our
adoption looks to a consummation by means which
Will necessarily require further legislative action.
He was as willing and as ready as any one, when
the occasion should offer, to act with becoming
earnestness and decision; but having some doubt
as to the effect of any measure adopted by us as
a Convention, he had made these suggestions to
receive what consideration they are entitled to.
Mr. SOLLERS said, that the committee to whom
this subject had been referred, deemed it of such
paramount importance, that they thought it their
duty not only to adopt a report, but resolutions
also. The Convention would see by the resolu- |
tions that they did not instruct, the Governor, bat
merely made suggestions to him, He [Mr. S.]
did not know whether this Convention had the
power to act in the matter, but the question might
arise whether we were not the people in Conven-
tion assembled. We were the agents, at least, of
the people, and this was a mere request, made by
this body to the Executive, to cause certain pro-
ceedings to be commenced in the Supreme Court
of the United States. And if this subject was re-
ferred to the Legislature, they could not do more
than we had proposed to do. They could not
command the Governor to do more than we had
suggested—for, what the Legislature could do,
this Convention could do. Prompt action was re-
quired, and it was not only our desire, but that of
the people of Maryland, that immediate measures
should be adopted to protect the man who cap-
tured the fugitive slaves.
Mr. SPENCER had felt a great interest on this
subject ever since it had come to his knowledge.
He (Mr. S.) thought we had a precedent, if not
in this form, in another, for our guidance. The
members of this Convention had met, it was
true, to form a constitution, but at the outset of
their proceedings they had passed strong reso-
lutions connected with this subject, expressive
of their sense of the value and perpetuity of the
Union, and complimentary to our Senators and
members in Congress. He presumed that none of
our constituents found fault with us for doing so.
He had had occasion, at an early stage of those
proceedings, to refer to this very case, and to
express his opinion that it was proper, when
men were seized and put into the Penitentiary
of another State, for services rendered our citi-
zens in arresting their fugitive slaves, that the
State should take some course to shield them
from injury; that if this was not done, we might
as well give up our properly.
If the resolutions were so couched as to express,
as a mere opinion of this Convention, that the
Governor would be fully authorized to exercise
the power he now had, he (Mr. S ) thought that
would be sufficient, if the gentleman (Mr. Sol-
lers) would alter the resolutions so as to read
"ought to exercise," instead of as they did at
present, every purpose would be answered.
Mr. SOLLERS. I have no objection at all,
There is no difference of opinion whatever; we
only request the Governor to exercise his power.
Mr. HOWARD. Do I understand the gentle-
man from Calvert (Mr. Sollers) to agree to
the modification? I should prefer the present
phraseology.
Mr. SOLLERS. So would I.
Mr, HOWARD said, he preferred the language
of the resolution as it was at present, because
tt was stronger than the modification suggested
by the gentleman from Queen Anne's (Mr.
Spencer) would make it. He (Mr. H.) felt
anxious that this Convention should act promptly
in this matter, and not postpone it till the next
meeting of the Legislature, because he thought
there was a most urgent claim upon every body
in the State of Maryland, in a public capacity,
in any way in which their interest could be |
