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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1056   View pdf image (33K)
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1056
State. I do not think that gentlemen, in ex-
amining the book of constitutions, which has
been furnished by the liberality of the con-
vention to its members, can find any such
basis of representation in any State in the
Union.
Mr. STIRLING. If the gentleman will al-
low me, I will say that I examined the vol-
ume of constitutions this morning, and find
that at least one-half of the States, if not
two-thirds have this basis of representation.
Mr. HEBB. I have made out a list of the
States, and with the permission of the gen-
tleman I will read them. The following
States have a white basis: Indiana, Missis-
sippi, Illinois, Alabama, Missouri, Michigan,
Arkansas, Texas, Iowa, California, Oregon
and West Virginia.
Mr. JONES, of Somerset. I do not recog-
nize that as a State.
Mr. HEBB, Kentucky has a basis of quali-
fied voters; Tennessee the same.
Mr, JONES, of Somerset, So far as Indiana
is concerned, she does not allow negroes to
live in her territory at all; therefore her's is
necessarily a white basis. Most of the other
States were slave States, and there the white
basis represented the holders of property.
There are very few, if any, free negroes in
those States. But in our State representa-
tion has always been based upon population.
Now, if this constitution goes into effect,
there is to be no slavery in Maryland. All
the people of Maryland then are to be free-
men, and I presume, from the estimates of
the census, there will be 180,000 free blacks
in Maryland after this constitution shall have
gone into operation. And those gentlemen
who base the action of the convention in
abolishing slavery upon the equality in
rights of all men, who go to the extent of
declaring that the relation of master and
slave shall no longer exist; that negroes are
so far capable of exercising the rights of free
and independent men and women, that they
shall not be in subjection to any one, but
shall go free in the community to work or to
play just as they may please—there these
advocates of the rights of man stop. They
say that this race is oppressed, and that they
come to bring them the year of jubilee, and
to put them upon the platform of their natu-
ral rights, and to restore them that of which
they have so long been deprived. And there
they propose to leave them, without one soli-
tary political right of any sort or description ;
lo leave them utterly ignored in the consti-
tution as if no such population existed in
the State, having neither actually, poten-
tially, or in any other mode, a recognition as
persons to be protected in any way what-
ever.
Now no such exclusion is attempted by this
convention to be made in respect to any
other class. It is true there are a majority
of white persons excluded from the right of
voting, as well as all these colored freemen.
There can be no question that in the State of
Maryland the white women, and infants, and
minors constitute a majority of the white
population, and they are excluded from
voting. Therefore it is not the right of
voting that forms the basis of representation.
You exclude them as much as you exclude
the blacks from voting; and yet you make
them the basis of representation. Why?
Because it helps to carry out the purposes
which the majority of this convention has of
oppressing and disfranchizing of their political
rights the white population that inhabits
that portion of the State where the black
population lives and where when they be-
come free they will continue to live for many
years, until they die out, or shall be driven
out by the introduction of white labor.
Now, sir, what consistency is there in that?
If these men who have, according to the the-
ory of these gentlemen, been so long de-
prived of their rights, are sufficiently ele-
evated in the scale of political being as to be
set free from the control of owners of their
labor, how is it that these gentlemen stop
there, and say that these freemen are not fit
to be represented upon this floor, even by
those living in their midst who have the in-
telligence to cast a ballot, whose interests
are identified with those who live among
them, who occupy the same territory, and
who will ultimately have no protection
whatever?
The gentleman from Cecil (Mr. Pugh)—
I am sorry be is not now in his seat—in re-
ply to a question, said that the reason of this
exclusion of that population from the basis
of representation, was because they would
be put in the power of their enemies; that
the white population in the counties where
they exist are in antagonism to the black.
Sir, is that so? Is there a conflict of inter-
ests when they are all set free; when there
is no control whatever over them by any
one; when they may work or play as they
please; when they may steal if they are not
caught at it, and if they were caught your
penitentiaries will not contain them? What
is to be done with them? Heretofore for
offences of that sort they have been sold
into slavery. But when they are set free
and become demoralized, what are you to
do with them? Will they work any bet-
ter then than now? What are you to do
with them? Where is the remedy? Yon
give them no political rights whatever; yon
declare by your action here that they are not
fit to be trusted with the exercise of any po-
itical rights. You do not propose to give
them the right to vote, to sit upon
juries, or to hold any office. You do not
propose to give them any rights whatever,
not even the right of testifying, except for
one another, and then not against a white
person. And what is the boon that is con-


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1056   View pdf image (33K)
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