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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1588   View pdf image (33K)
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1588
Held them as slaves; in a political point of
view, what is that but continuing the exist-
ence of slavery for ten or more years ?
What are the provisions of the law as it
stands at present, in relation to the apprentic-
ing of colored persons? The orphans' court
has the power to bind out the children of any
free colored person, if in the opinion of the
court it will better their condition. They
have the absolute discretion over the matter
now. In my opinion it is an extreme power.
It amounts to saying that even if the child is
old enough to work for his own living, or the
parents are able and willing to support him,
still if in the judgment of the orphans' court
it is better to put him somewhere else, under
other control than that of his parents, they
shall have the power to do so.
Now the effect of the proposition before us
is to neutralize the proposition which we have
incorporated in this organic law, and in
which we have said that this class of involun-
tary servitude shall no longer exist in this
State—to neutralize it by another provision
in the same organic law, which cannot be re-
moved except by aconstitutional amendment.
What do gentlemen mean by saying that there
shall be no involuntary servitude in this
State? If without the consent of either par-
ents or children you apprentice a whole class
of people by a broad general description, what
is that but involuntary servitude? And what
is the difference between that involuntary ser-
vitude and slavery? What was the reason
for putting in the twenty-fourth article of the
declaration of rights, the words " involuntary
servitude" in addition to the word "slavery?"
That article says "there shall be
neither slavery nor involuntary servitude."
What does that mean?
Now, while I will consent to leave the law
as it stands upon the statute book, I cannot
consent to adopt any such provision as this.
What is the actual state of facts? I do cot
pretend to deny that if a master has been left
by this emancipation clause in the possession
of helpless children two or three years! of age,
and he undertakes to support them and rear
them, I admit that there is some reason in
their remaining with him and rendering ser-
vice until they are twenty-one years of age.
But that is not the scope of this proposition;
it is not confined to that class; but embraces
those who are just as able to take care of them-
selves as is anybody else. And what is to be-
come of the parents? If the master does not
choose to employ the parents, and you take
away the children who are able to support the
parents, them the parents must go upon the
county, if they from any cause are unable to
support themselves. If not that, then what
does it amount to? You not only force the
minor who is emancipated to remain in the
custody of the same man who before held him
as a slave, but yon force the parents to stay
there also. Because if they have no support
except from the child, then they must remain
with the child; so that both parents and chil-
dren will be put back into the same condition
practically as before.
The whole scope and effect of this proposi-
tion is to keep from disturbing to some ex-
tent the foundations of that great deep which
we have broken up. Now as I am opposed to
anything that is reaction, as I am in favor of
going straight forward in the work we have
begun, I cannot support this proposition.
With all due deference to the views of my
friends here who support this measure, I hon-
estly believe that if at this late day we put
this into our constitution, it will be regarded
as an evidence of a reactionary feeling in this
convention. It will be considered as evidence
that we have begun to quail before the work
we have undertaken to accomplish; that as
our State has been invaded, that as the threats
of collision and demands for peace are re-
sounding through the atmosphere, we, the
representatives of the people of Maryland, in
our halls of legislation, upon the soil of our
native State, begin to hesitate about carrying
out our great work. It will be so understood
from one corner of the State to the other, by
those men upon whom we must rely to carry
this constitution. You can get no support
by this or any other similar measure from the
other classes. You must carry this constitu-
tion through upon the broad shoulders of
those men who have looked the future in the
face, and who are willing, under the provi-
dence of God, to abide by that future. And
if they do not support it, then your constitu-
tion will go down with the weight attached
to it, and which will sink it so deep that no
hand of resurrection can ever raise it again.
Now I hope to put this constitution before
the people of Maryland, and invite and be
able to obtain, the support of all of our people
who are prepared for the emergencies of the
future. And I expect no other support than
theirs. And if they are not able to carry
through this constitution it will go down only
to be raised by some other state of circum-
stances, which I fear, if this constitution is
defeated, will never occur.
I have said about all I wish to say upon
this subject. I have made these remarks with-
out any disrespect to any gentleman who dif-
fers from me. I see and I appreciate the mo-
tives which have induced them, I think mis-
takenly, to support this measure. But I do
submit that such will be the tendency and
effect of it. This is its political effect. As
my friend from Cecil (Mr. Pugh) has said, it
is to give something to which the political
managers upon the other side can cling for
the purpose of maintaining their political or-
ganization; something which is to form the
basis for this great reconstruction which we
are told is to be accomplished. Now I want
nothing to do with any such reconstruction.
I am not afraid of revolution. I believe the


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1588   View pdf image (33K)
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