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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 126   View pdf image (33K)
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126
by that sword which those in authority have
determined shall pass upon it. But if the
gentleman insists upon his amendment, I will
move to add to it these words—" or any one
now living north of Mason's & Dixon's line,"
so as to get rid of both extremes, the dis-
unionists of both sides.
Mr. JONES, of Somerset. I do not desire to
enter into any argument upon this matter. I
rise merely to express my amazement at the
manner in which this proposition has been
met here it is to me most extraordinary
that gentlemen will talk as they do concerning
excluding free negroes from a Maryland, as
if they were profoundly ignorant of the fact
that for at least a quarter of a century past,
that has been the settled law and policy of
this State. Why, sir, more than thirty years
ago the evils of the free negro population had
go grown upon the public mind that a law
was passed prohibiting the increase of that
population in Maryland by the manumission
of the slaves then in the State, And mure
than a quarter of a century ago, a law was
passed prohibiting the very tiling which the
gentleman from Prince George's (Mr. Clarke)
now proposes for the Convention to consider.
He proposes no new subject for consideration.
It is merely the question whether the settled
policy of the State for twenty-five years past
shall now be abrogated, the doors be thrown
wide open, and the State of Maryland be made
the receptacle for all the free negroes of the
North. That is the question; whether this
Convention will submit to the people of Maryland
a Constitution which shall take away
these barriers, and notify them that it is to be
their fate to be overrun by this class of per-
sons I was not aware, before this discussion
arose, that there was any idea on the part of
anybody is this State to open the doors to
the admission of the negro population into this
State. I halve never met the first man in the
section of the State where I reside, nor in my
intercourse" with gentlemen from other pans
of the State's, who proposed to open the door
and let all the free negro population of the
country come and settle in Maryland if they
choose. I merely desired to state these facts,
not to enter into any argument upon the
subject.
Mr. SCHLEY. I deplore very much the character
of the amendments which have been
offered to this proposition. For my own part
I am very willing, as I have stated before, to
submit the proposition of the gentleman from
Prince George's, (Mr. Clarke) or any other
proposition deserving consideration, to their
respective committees, and shall behappy at
all times to favor such reference.
I arose however, for tine purpose of sug-
gesting an amendment to the original proposition,
which, since this debate has occurred,
I supposed would not only be acceptable to
the gentleman from Prince George's, but
would entirely neutralize any supposed par-
tizan purpose that he or any other gentleman
might be imagined to entertain upon the sub-
ject. My amendment relates to the very first
section of his order, and is only meant to in-
clude what I understand he has expressed a
willingness to accept. That first section now
reads:
" No free negro or free mulatto shall come
into or settle in this State after the adoption
of this Constitution."
' I propose to add to the section these words :
"Unless such free negro or mulatto be a
Federal soldier, engaged in the military ser-
vice of the United States, or comes into this
State by the authority of the same."
Now so far as the settled policy of this
State is concerned, to which reference has
been made by the gentleman from Somerset
(Mr. Jones) that policy is not necessarily
obligatory upon us here. We are here to
consider, and to alter or amend as we may
think best. In regard to the political ques-
tions to which this matter has given rise, 1
do not desire to meet them now, and do not
desire at any time to refer to them. But 1
shall content myself with offering this amend-
ment, which I trust the gentleman will ac-
cept.
Mr. CLARKE. I am perfectly willing to ac-
cept the amendment; but I must say I thought
no such provision was necessary, or I would
have put it in my own draft of the proposition.
1 considered that of course any person in the
service of the United States would have the
right to go through this State.
Mr. SCHLEY. I am aware of that, but that
right might be contested.
Mr. CLARKE, I have no objection to ac-
cepting the amendment.
The original order was modified accord-
ingly.
Mr. MARBURY. I desire to make one re-
mark before this vote is taken. I leave a sin-
gles suggestion to make to the mover of this
order. I approve or this order almost entirely
; but I would like the gentleman to ex-
cept from its operation negroes who may
have left this State, There are a great many
slaves, who have gone off. If this Constitu-
tion shall abolish slavery in this State—if
there is anything of that kind contemplated,
which I trust there is not, for I cannot conceive
that any sane man would ever seek to
have that done—but if it should be done, 1
ask the gentleman to except negroes who
may have left this State, and may be freed
by this Constitution. I do not understand
exactly whether the negroes who halve left
the State will be considered as haying lost
their residence here or not—Ilrose for in-
stance who are now in the District of Colum-
bia, and there are a great many there from
all parts of the State. If they are to be con-
sidered as not having lost their residence
here, then there will be no necessity for the
amendment I propose. Now I want to pro-


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 126   View pdf image (33K)
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