show an indication of the sentiment of this
convention that these children shall be bound
out under existing laws. And I believe
there will be hardly one case in fifty where
the orphans' court will not, as a matter of
justice and right, give the masters and own-
ers the preference, wherever they are suitable
persons. And therefore it is not necessary
for us to so positively provide for it, especi-
ally as we may run counter to some laws, and
thus do injury. I propose to say simply :
"All minor slaves emancipated by this
constitution, that is to say, males under the
age of twenty-one, and females under the age
eighteen years, shall be subject to the pro-
visions of existing laws, or such as may here-
after be passed by the general assembly, re-
lating to free negro apprenticeship."
Mr. CHAMBERS. Has that any meaning,
sense, or operation whatever?
Mr. DANIEL. Yes, sir.
Mr. CHAMBERS. It is saying that the law
shall exist; it is just exactly nothing at all.
Mr. DANIEL, Very well; I mean a little
more. I have no doubt the gentleman would
have it mean nothing, because he wants to
get something else. I think it does mean
something, it may be true that existing
laws do, and I believe they would take hold
of these people and bind them out. But
a great deal has been said about these eman-
cipated negroes being thrown out upon the
community to get their own living, with
nobody lo take care of them. As I have said
before, I want this convention to say in em-
phatic terms that it is their design that they
shall be bound out, and that the provisions
of existing laws simply, and nothing else,
shall apply.
Now what are those provisions? Under
the present laws, where they have parents
living a mother, for instance, the choice of
that mother is selected. And yet the or-
phans' court is not bound by that choice.
And if they believe that, under all the cir-
cumstances that choice is unreasonable, they
may override it notwithstanding, and bind to
such persons as they may think proper. I
think it would be rather a hardship to de-
prive the mother of all choice and selection
in this matter. I believe, as I have said be-
fore, there may be some cases where it would
not be proper to bind to the present masters.
I have some in my own eye, where I know
the mother and children have been cruelly
treated; and I believe to bind them to their
old masters would he saying that that system
of cruelty should be continued. Therefore I
do not wish to take away all choice from
the parent. And, as I have said, as the or-
phans' court ultimately have the right to
override the choice of the mother, I think the
mother or the parents ought to select,
It is a provision under the old law that
whenever the orphans' court may deem that
the habits of the children would be improved |
by binding out, they shall have the right to
have every such child brought before them
and bound out. Is not that sufficient lati-
tude? But, living in one of the counties of
this State, I have seen that law as much
abused as any law that I have ever seen upon
the statute book. I have had something
do with it, I have seen certain parties wait
until children were raised, so that they were
able to earn a living. The fathers and
mothers being left to take care of them until
they were of some use, and then I have seen
these constables and other parties go and
inform the orphans' court that there were
such persons living idle and lazy, boys of
from twelve to fourteen, and girls of from
ten to twelve, and have them brought up
and bound out, just as they were able to
render their fathers and mothers some ser-
vice. The parents had taken care of them
and raised them until they were able to be of
some service, and then just at that very nick
of time they were deprived of them, and the
children were bound out to masters who got
their services for the balance of the time,
without' being at any expense in raising
them, or paying one cent for their services.
1 say) therefore, that this system is liable
to abuse. I confess that the objection does
not apply in this case so strongly, because
the masters are supposed to have raised them,
and to have some title to their services, 1
am willing, and I think it best, to leave it to
existing laws. And, as I have said before, 1
believe these children would be bound to
their masters, wherever it would be right to
do so. I think it would be proper to rive
the masters the preference in all cases, where
they were suitable persons. I believe the
orphans' court would very fully exercise that
right, and I think it is useless to put in any
more legislation upon the statute book in
reference to the matter,
Mr. PUGH. I am astonished this morning
in more ways than one. in the first place, 1
am astonished to find such difference in senti-
ment to-day in regard to the orphans' court,
from that which was manifested here yester-
day. It was only yesterday that there seemed
to be a universal disposition not to let the
orphans' court have too many duties to per-
form, especially where the interests of white
orphans were concerned. Yet it is proposed
here to-day, and very many of the legal pro-
fession are in favor of it, to give the or-
phans' court additional powers, at least
where the interests of the black children of
the State are concerned. I am astonished to
see to-day that some of these legal gentlemen
are in favor of increasing the powers of
that court. However, I cannot say that 1
am so very much astonished, because we see
a great many curious things as we pass along
through the world, and I am ready for almost
anything.
i have also beard remarks here to-day by |
