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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1001   View pdf image (33K)
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1001
ray, Negley, Nyman, Pugh, Purnell, Rus-sell, Sands, Sneary, Stirling, Swope, Sykes, Valliant—32. As their names were called, Mr. BARRON said: I believe there is no property in man; and therefore I vote " no." Mr KING said: I feel bound to Vote for this, as we are instructed to receive from the government all that we can justly obtain with regard to this thing. Therefore I vote "aye." Mr. MULLIKIN said: I think it is competent for every man to keep an account of his own property, whether a slave or anything else. I therefore vote "no," Mr. STOCKBRIDGE said; Considering this the necessary sequel, and the only way to give practical effect to the amendment offered by my colleague (Mr. Stirling) yesterday, which received the unanimous consent of all sides of the house, I vote " aye." Mr. THOMAS said: For the reason given by my colleague (Mr. Stockbridge,) I vote " aye." Mr. TODD. For the reasons in part assigned by the gentleman from Baltimore city (Mr. Stockbridge,) I vote ''aye." I am in favor of compensation from the general government; and as this proposition provides the means of knowing hereafter who were the owners of slaves at the beginning of this rebellion, and at the time of the adoption of this constitution, I hold that something of this kind is necessary, and vote "aye." The amendment was accordingly adopted. Mr. BELT. I desire to offer an additional section to tbis report, upon which I wish to say a single word in explanation. I suppose, from the temper which the convention has exhibited upon this question, there will be but little hope of the passage of the proposition I have to make. But at the same time it may be truthfully said, that this will pass if anything of the sort will pass at all. We are all aware that since the beginning of the war, the cases to which I refer in this section, have arisen among us. Every family has persons who have contracted debts; and the owners of negroes have died, and the settlement of their estates has consequently become necessary. And it is now proposed, between the death of the party so dying, and the time of the complete settlement of his estate, that the State of Maryland shall step in and destroy a considerable portion of the assets belonging to the estate, and upon which bona fide creditors have to rely for the purpose of having their claims satisfied. 1 propose to meet the difficulty by this additional section: " Section —. In all cases arising before the adoption of this constitution, where inventories of negro slaves shall be returned by executors or administrators, and in which it shall happen that the estate in their hands would be insolvent without the appraised 17
value of said negroes, the general assembly shall make provision at its first session after the adoption of this constitution, to pay such executors or administrators, for the benefit of said estates, the amount of the appraised value of such negro slaves, in each case re-spectively, or so much thereof as may be sufficient, together with other assets, to render the said estates solvent as to bona fide creditors, and the general assembly shall pass all laws necessary to carry this section into effect." In offering tbis proposition, I am, of course, very far from saying that it contents me to the extent to which it goes, because 1 go as far as any one in holding this whole thing to bean unjustifiable outrage upon the rights of property. But there is one point of difference in reference to the class of cases embraced in tbis amendment. The robbery of a man who is living cannot be said to be so hard a case as the robbery of a man who is dead. The living man, as long as be has health and strength, may repair his fortunes, and may make composition with his creditors. Although stripped of his earnings up to the time you rob him, he may by subsequent labor acquire property to pay his debts. But when a man has o,wned this property under the laws of the State, upon the plighted faith of the State that it shall be protected, and has incurred indebtedness based upon that property, when his estate after his death is in course of administration, when this property has been returned with his other property, appraised in most cases at a very low value; if the State of Maryland then steps in and destroys this portion of the assets of the estate, it is destroying the credit of the dead, it is saying to the people who became his creditors during his life time, that the State will break their faith with them. I offer this amendment to this report. Mr. STIRLING. I wish to say one word. I believe the proposition which has just now been adopted by this house, is contrary to the sense of this convention; because 1 find there are a sufficient number of members present to change that vote. I would suggest, therefore, that some member who voted for that proposition, should move a reconsideration of the vote. For 1 now give notice, that if that vote is not reconsidered, I will move to reconsider the section adopted on my motion yesterday, so that the legislature shall not be able to receive any appropriation from the general government. Mr. HEBB. And I will second that motion. Mr. CLARKE. Of course, whenever any member, voting in the affirmative upon that proposition, chooses to move a reconsideration it is his right to do so; and it is in the power of the house to determine whether or not it shall be reconsidered. But, under the circumstances, when the house had determined to abolish slavery, and has determined to



 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1001   View pdf image (33K)
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