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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1576   View pdf image (33K)
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1576
tion has adopted the principle of electing
county officers on alternate years to the elec-
tion of State officers. It would be very" odd
to elect clerks and registers on general ticket
tor State officers one year, and the next year
on the ticket for county officers. I think my
amendment is the proper one.
The question being then taken upon the
amendment of Mr. STIRLING, it was adopted.
Mr. DANIEL. In the sentence which now
reads "until his successor is elected and
qualified," I move to strike out the words
"elected and." We provide in the section
that the register may be removable for cause,
and another appointed to fill the vacancy
thus created. We ought not therefore to say
"until his successor is elected and qualified,"
but "until his successor is qualified." I
therefore move to strike out the words
"elected and."
Mr. STIRLING. How can he come in any
other way than by election ?
Mr. DANIEL. By appointment to fill a va-
cancy.
Mr. STIRLING. This clause is to fix the
term of office for a man elected by the peo-
ple, which is to be for six years, and until
his successor is elected and qualified, if he
dies or is removed that takes the matter out
of that provision entirely, and it comes un-
der the next provision.
The question being taken on Mr. DANIEL'S
amendment, it was rejected.
No further amendment was offered to the
section.
NEGRO APPRENTICESHIP.
Mr. TODD Before we pass from this part
of the report I wish to call the attention of
the convention to an amendment, of which I
gave notice several days ago, and which I
think would properly come under the part
relating to orphans' court. I desire to move
an additional section to come in before the
section last adopted. It escaped my notice
at the time, and I therefore offer it now. It
is as follows:
" Sec —. It shall be the duty of the
orphans' court of the several counties and
the city of Baltimore, to duly apprentice to
Borne business all negroes emancipated by
the adoption of this constitution, who are
minors, subject to such regulations as are now
or may hereafter be prescribed by law; and
in all cases the preference shall be given to
their inasters while in a state of slavery,
when in the judgment of the said courts they
are suitable persons to have charge of them."
Mr. STIRLING. I would suggest that it
would be better to put this off until we get
through with the organization of the courts.
This breaks right in upon our work in, that
respect.
Mr. PUGH. I think we might as well take
action on this matter now. as at any other
time.
Mr. TODD. I propose to modify my amend-
ment by striking out the words "masters
while in a state of slavery," and insert the
words "former masters."
The amendment was modified accordingly.
Mr. PURNELL. I move to amend the clause
which now reads " duly apprenticed to some
business "by striking out the words " some
business " and inserting the word " labor."
1 offer this amendment because as it now
stands it might confuse the orphans' court in
binding out this class of people; they might
suppose it their duty to bind them out to ar-
tizans.
Mr. STIRLING. I move to postpone infor-
mally the further consideration of this pro-
posed section.
Mr, MILLER, I hope that motion will not
prevail, if we are to have any such provi-
sion as this, tins is the proper place for it. It
imposes a certain duty on the orphans' court,
and we have those courts and their organi-
zation now under consideration. We have
had from time to time promises given that
some such amendment as this should be in-
troduced. It was first proposed to be put in
the article on the legislative department, but
the objection was raised that the report on
the judiciary department was the proper
place for it. And now when it comes up as
an amendment to the judiciary report it is
moved to postpone it until some other de-
partment is considered, or until we get
through this. I think this is the proper
place and now is the proper time to consider
and determine whether or not such a pro-
vision is to be inserted.
Mr. TODD. I do not. see what is to be
gained by postponing the consideration of
this matter. It appears to me that we are
as well .prepared to act upon it to-day as we
will be at any other time. The motion to
postpone will only tend to delay the business
of the convention. I hope the convention
will act upon this matter now, and if they.
are disposed to vote it down, let them do so
and have the matter settled.
The question being then taken upon the
motion to postpone, it was not agreed to.
The question recurred upon the motion of
Mr. PURNELL, to strike out the words " some
business" and insert the word "labor."
Mr. TODD accepted the amendment, and
the proposed section was modified accord-
ingly.
Mr. SCHLEY. I move to amend by insert-
ing after the words "in all cases the prefer-
ence" the words "with the consent of the
parents or next friend of such minor."
The question being taken, the amendment
of Mr. SCHLEY was rejected.
Mr. GALLOWAY. I move to amend by
striking out the words "duly apprenticed to
labor " and insert "bind out, until they ar-
rive at the age of twenty-one years for
males, and eighteen years for females."


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1576   View pdf image (33K)
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