or at the time of the adoption of this consti-
tution, or during the intervening period,
may perpetuate the evidence of the number,
names, ages and sex of the slaves so owned
by them respectively, and by which those
persons who have sustained losses of prop-
erty by reason of the invasion of the State
by the public enemy, may perpetuate the evi-
dence of the ownership, value, and loss of
such property.
Mr. CLARKE said: We had a proposition be-
fore the house the other day with reference
to perpetuating the title to negro slave's.
That proposition was first adopted, then re-
considered, and then rejected. I do not now
move to reconsider that vote, but I oiler a
section somewhat different in form, which
can be acted upon without reconsideration.
When I offered my amendment the other
day, the gentleman from Baltimore city (Mr.
Stirling) offered an amendment somewhat of
the same character, and I expressed a willing-
ness at the time to accept it, presuming of
course that the gentleman would have a vote
upon the proposition, and it would therefore
be attached lo this proposition. But instead
of bringing the house to a vole upon it, it
was withdrawn.
This raises up no question at all of com-
pensation, one way or the other. That is a
question which may arise hereafter. It is
well known that in the first place there is
one species of property lost or destroyed,
gone off in some way. It is desirable, not
only to enable parties to claim compensation
hereafter, but upon legal questions arising
upon bonds in which slaves were security,
&c., to perpetuate the title of parties, to en-
able them to relieve themselves from obliga-
tion upon these questions. That embraces
one point.
There is also a large portion of other prop-
erty which has been lost during this war by
the invasion of the State; and I said the other
day too gentlemen from the western counties
that I had no objection whatever to extend-
ing the same rule of equity and justice to
them that we asked for ourselves. Whatever
may be the question which may arise here-
after, of the responsibility of the State or of
the federal government for these losses—for
that is a different question entirely from the
perpetuation of the evidence of value—it
may be many years before this question can
be brought up and adjusted. I am willing
to vote tor a proposition of this sort, to ena-
ble the western counties, Montgomery or
any part of the State, to go into the courts
and place on record in some form in a dura-
ble shape, the value of the property lost. by
the invasion, and their title to it, the charac-
ter of it, and value of fences, crops, houses,
or whatever it may be. There it will stand;
and then hereafter, if the general govern-
ment shall undertake to pay tor it, if they
Shall think it due to compensate the parties |
who may have lost that property, they will
not be debarred from receiving this compen-
sation, from whatever source it may come
hereafter, if it comes at all, by the failure to
establish by evidence their title and the value
of the property,
It we do not adopt some such provision as
this, it will be perfectly futile hereafter for
the general government or for the State to
provide any compensation. Who can prove
twenty years hence that A or B at such a
time owned so much fence, or such a house,
which were destroyed? Who will undertake
to prove then the value of them? It will be
impossible. Unless you adopt some such
provision as this it will be equivalent to cut-
ing off the people of all sections of the State
from reaping the benefit of any appropriation
of any sort which may be made. I do not
know that any appropriation will be made. I
do not pass upon the right which either class
of property may have to compensation, because
that is a subsequent matter. This is merely
to enable owners to reap the benefit if there
should be anything appropriated for either
purpose.
Mr. CLARKE demanded the yeas and nays,
and they were ordered.
The question being taken, the result was—
yeas 17, nays 31—as follows :
Teas—Messrs. Belt, Brown, Clarke, Duvall,
Harwood, Henkle, Hollyday, Lansdale, Lee,
Marbury, Miller, Negley, Parran, Peter, Ridgely,
Sneary, Todd 17.
Nays—Messrs. Goldsborough, President ;
Abbott, Annan, Audoun, Baker, Cunning-
ham, Daniel, Davis, of Washington, Dellin-
ger, Earle, Ecker, Farrow, Galloway, Greene,
Hebb, Hopkins, Hopper, Keefer, King, Mar-
key, Mayhugh, Murray, Nyman, Parker,
Pugh, Purnell, Robinette, Russell, Schley,
Scott, Smith, of Carroll, Smith, of Worces-
ter, Stirling, Stockbridge—34.
So the amendment was rejected.
Mr. CLARKE. I have another section which
I wish to offer, but do not propose to debate.
I gave notice that before the legislative re-
port should be finally acted upon I would
offer it. I move to add the following sec-
tion :
"Sec. —, No free negro or free mulatto,
except while in the military service of the
United States, shall come into or settle in
this State after the adoption of this constitu-
tion,"
Mr. MARBURY submitted the following
amendment to the amendment:
Add the words " except those freed by this
Constitution."
Mr. RIDGELY. I suggest that that article
would more appropriately belong to some
other article. It makes no provision with
reference to the legislature.
Mr. CLARKE. I do not know where else it
should come in unless under the head of
" miscellaneous." I originally proposed to |
