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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1601   View pdf image (33K)
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1601
principle contained in the proposition sub-
mitted by the gentleman from Baltimore city ;
but for the reason assigned by the gentleman
from Washington (Mr. Negley,) I shall be
compelled to vote against it. if there was
any provision made for the education of the
negro, I should have no objection to it. It
would be impracticable in Talbot county.
For that reason only, I vote '' no."
The amendment was accordingly rejected.
The question recurring upon the adoption
of the amendment submitted by Mr. TODD ;
On motion of Mr. PUGH,
The subject was divided,
The question then being on the first clause
of the amendment, as follows :
"It shall be the duty of the orphans' court
of the several counties and the city of Balti-
more to bind, until they arrive at the age of
twenty-one years for males and eighteen years
for females, all negroes emancipated by the
adoption of this constitution, who are mi-
nors, and incapable of supporting themselves,
or whose parents are unable to maintain
them, subject to such regulations as are now
or may hereafter be prescribed by law."
Mr. PUSH demanded the yeas and nays,
and they were ordered.
The question being taken, the result was
—yeas 51, nays 20—as follows :
Yeas—Messrs. Goldsborough, President ;
Annan, Belt, Billingsley, Blackiston, Bond,
Briscoe, Chambers, Crawford, Cunningham,
Daniel, Davis, of Washington, Dent, Duvall,
harrow, Galloway, Greene, Hebb, Henkle,
Hodson, Hoffman, Hollyday, Hopper, Horsey,
King, Lansdale, Larsh, Lee, Markey, McCo-
mas, Mitchell, Miller, Morgan, Mullikin, Neg-
ley, Nyman Parran, Peter, Purnell, Ridgely,
Sands, Smith, of Carroll, Smith, of Dorches-
ter, Smith, of Worcester, Sneary, Swope,
Sykes, Todd, Turner, Valliant, Wilmer—51.
Nays—Messrs. Abbott; Audoun, Brooks,
Cushing, Dellinger, Ecker, Hopkins, Keefer,
Kennard, Murray, Parker, Pugh, Russell,
Schley, Schlosser, Stirling, Stockbridge,
Thomas, Wickard, Wooden—20.
When their names were called,
Mr. AUDOUN said: I shall vote against every
proposition looking to placing in the organic
law of this State anything which tends to-
wards slavery of any kind. There is sufficient
law now upon the statute books to provide
for negro apprenticeship, I voted against
open unvarnished slavery; I now vote against
slavery whitewashed. I vote "no."
Mr. ECKER said: As I have not bad an op-
portunity to speak on this question during
its discussion before the house, I would take
this opportunity to explain my vote. When
the proposition of my friend from Caroline
(Mr. Todd) was introduced, I was favorably
impressed with it, and was inclined to vote
for it, but on examination I find in the Code
all laws necessary in the case. And after
hearing a number of speeches from gentle-
men on both sides, and also observing that it
had created quite a sensation with the oppo-
sition, they put me in mind of trout fishing
on a warm summer's day; for no sooner
was the " bait" thrown out, than every one
caught at it. I vote "no."
Mr. NEGLEY said; Regarding this as no
system of slavery whatever, being as distinct
from it as light is from darkness, regarding it
as a measure for the good of the free negro
himself, and not at all reinstating him in any
condition of slavery, not affecting his status
of freedom under the 23d article of the bill of
rights, but calculated to operate for the bene-
fit of the section of the State where it will
exist, I vote "aye."
Mr. PUGH said; I called for a division of
this question simply because it contained two
distinct substantive propositions. I do not
intend to support either. I vote "no,"
Mr. SANDS said: The proposition as mod-
ified is exactly in substance that which I of-
fered as a substitute. For that reason I vote
"aye."
Mr. SCHLEY said: I have no objection to
the proposition as it stands; but deeming it
superfluous, I vote " no."
The first branch of the section was accord-
ingly adopted.
The question recurring upon the second
clause of the amendment, to wit: "and in
all cases the preference shall be given to their
former masters, when in the judgment of said
courts they are suitable persons to have
charge of them."
Mr. PUGH demanded the yeas and nays,
and they were ordered.
The question being taken, the result was
—yeas 45, nays 27—as follows :
Yeas— Messrs. Goldsborough, President ;
Annan, Belt, Billingsley, Blackiston, Bond,
Briscoe, Chambers, Crawford, Cunningham,
Dent, Duvall, Edelen, Galloway, Henkle,
Hodson, Hoffman, Hollyday, Horsey, King,
Lansdale, Larsh, Lee, Markey, McComas,
Mitchell, Miller, Morgan, Mullikin, Negley,
Nyman, Parran, Peter, Purnell, Ridgely,
Smith, of Carroll, Smith, of Dorchester, Smith,
of Worcester, Sneary, Swope, Sykes, Todd,
Turner, Valliant, Wilmer—45.
Nays—Messrs. Abbott, Audoun, Brooks,
Cushing, Daniel, Davis, of Washington, Del-
inger, Ecker, Farrow, Greene, Hebb, Hop-
kins, Hopper, Keefer, Kennard, Murray, Par-
ker, Pugh, Russell, Sands, Schley, Schlosser,
Stirling, Stockbridge, Thomas, Wickard,
Wooden—27.
When their names were called,
Mr, HEBB said: I prefer leaving it to the
discretion of the courts, and I vote " no."
Mr. NEGLEY said: Seeing no reaeon why
the former owner of the indentured negro
should not have the benefit of his services, if
in the opinion of the orphans' court he is a
suitable person to have them, I shall certainly
vote ''aye,"


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1601   View pdf image (33K)
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