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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1015   View pdf image
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1015
many inconveniences public and private, in-
dependent of the loss of labor or property at
this particular time.
I therefore call upon this convention simply
to supply a defect which will otherwise exist
In our law by virtue of the aboliton of
slavery. Simply to provide by a law of the
legislature a mode of preserving proof and
evidence of title in this property, for what-
ever purposes and reasons that may be de-
manded hererafter. I ask it as an act of Jus-
tice to us, as the only mode in which our
people may be delivered, I may say, from
Innumerable difficulties, legal and otherwise.
I ask the convention to act upon this pro-
position independent of all consideration of
the rebellion, or from whence the compensa-
tion is to be derived, or how it is to be ap-
portioned hereafter. I ask them simply to
address their minds to the justice of pro-
viding legal safeguards for the rights of the
people.
Mr. SYKES called for the previous ques-
tion.
Mr. JONES, of Somerset, moved that the
convention adjourn, and called for the yeas
and nays upon that question, which were or-
dered .
Yeas—Messrs. Abbott, Berry, of Prince
George's, Blackiston, Bond, Briscoe, Brown,
Carter, Chambers, Clarke, Dail, Davis, of
Charles, Duvall, Edelen, Harwood, Hollyday,
Horsey, Jones, of Somerset, King. Lansdale,
Lee, Marbury, Mitchell, Miller, Morgan, Par-
ran, Peter, Smith, of Dorchester, Wilmer—
28.
Nays— Messrs. Goldsborough, President ;
Annan, Audoun, Barron, Cumningham,
Cushing, Dellinger, Earle, Ecker, Farrow,
Galloway, Hatch, Hebb, Hopkins, Hopper,
Jones, of Cecil, Kennard, Larsh, Markey, Mc-
Comas Mullikin, Murray, Negley, Nyman,
Parker, Pugh, Purnell, Ridgely, Russell,
Sneary, Stirling, Swope, Sykes, Thomas,
Todd, Valliant, Wooden—-37.
The motion to adjourn was accordingly
rejected.
The question recurred upon the call for the
previous question by Mr. SYKES.
The call was-seconded, and the main ques-
tion was ordered.
The first question was upon the following
-amendment to the proposed section, sub-
mitted by Mr. TODD.
Amend by adding:
"Provided, that the expense of such census
and registration in each cafe be met by the
owner of such slaves."
Upon this question Mr. MARBURY called the
yeas and nays, and they were ordered.
The question was then taken, by yeas and
nays, and resulted—yeas 17, nays 46----as fol-
lows:
Yeas—Messrs. Blackiston, Clarke, Dail,
Duvall, Harwood, Horsey, Jones, of Somer-
set, Lansdale, Lee, Marbury, Mitchell, Miller,
Morgan, Peter, Smith, of Dorchester, Todd,
Wilmer—17.
Nays—Messrs. Goldsborough, President
Abbott, Annan, Andoun, Barren, Belt
Brown, Carter, Cunningham, Cushing, Davis
of Charles, Dellinger, Barle, Ecker, Edelen
Farrow, Galloway, Hatch, Hebb, Hollyday
Hopkins, Hopper, Jones, of Cecil, Kennard
King, Larsh, Markey, McComas, Mullikin
Murray, Negley, Nyman, Parker, Pugh, Pur
nell, Ridgely, Russell, Sands, Smith, of Car-
roll, Sneary, Stirling, Swope, Sykes, Thomas,
Valliant, Wooden—46.
The amendment was accordingly rejected.
Pending the call of the yeas and nays, the
following explanations were made by mem-
bers as their names were called:
• Mr. CLARKE. I do not think the phrase-
ology of this amendment is exactly what it
should be. But I have no doubt the legisla-
ture would construe it to mean that whatever
might be the mode of proof for perpetuating
this title, it should be done at the expense of
the owners. Believing that it would be so
construed, and that the owners ought to pay
this expense, I shall vote " aye,"
Mr. JONES, of Somerset. I think it is a
rather small business for the convention to
occupy its time with; the expense cannot be
a very great deal. Still I think it a very im-
portant matter that the evidence should be
perpetuated. And if that expense is the only
obstacle, I do not think that any person who
has lost a slave would object. If be does,
then he can forego the privilege of having the
testimony. I am willing to take it even
upon these terms, and therefore I vote
"aye."
Mr. NEGLEY. Under the operation of this
section and this amendment the people in our
section of the State who have sustained losses
are effectually cut out, I therefore vote
"no."
Mr. BELT. I would like to say, in expla-
nation of my vote, that my natural impulse
is to vote in the affirmative, for the reason
stated by my friend from Somerset (Mr.
Jones,) and because the general impulse and
the general practice of my people is not to
stand upon any mere small question of ex-
pense of this sort. If the slaveholders of Ma-
ryland were agitating this question, and ad-
vocated this change; if they were those who
wanted to exchange their negroes for money,
or wanted slavery abolished for some purpose
or other, I should feel myself compelled,
upon every principle, to vote that tbey should
bear the expense of any incidental procedure
like this. But since it ia not they, but others
wbo are forcing this thing upon them against
their will, and against their interest, I think
this incidental expense should be borne by
the State. I shall therefore vote "no."
Mr. JONES, of Somerset, moved to adjourn.
MR. CUSHING. The house is engaged in a
vote under a call of the previous question.—


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1015   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


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