by the people, the provisions contained herein
for taking the soldiers' vote on the adoption
of the constitution, shall apply to all elections
to be held in this State, until the general as-
sembly shall otherwise provide.
JAS. L. RIDGELY,
Chairman,
JOHN A. HOPPER,
PETER G. SCHLOSSER,
JOEL HOPKINS.
NEGRO APPRENTICESHIP.
The convention proceeded to the considera-
tion of the report of the committee on the
judiciary department.
Mr. AUDOUN submitted the following amend-
ment :
"Section —. It shall be the duty of the
judges of the several orphans' courts of this
State, before they shall proceed to bind any
negroes as apprentices, to administer to the
party to whom he or she is to be bound, the
same oath as prescribed for voters by this con-
stitution, in the article on the elective fran-
chise, and upon the refusal of the said party
to take and subscribe to said oath, the said
courts shall hold the person so refusing to be
an unsuitable person to have charge of such
negro."
Mr. CUSHING moved to add the following :
" And the fact of such oath having been
taken by the party to whom such negro has
been bound, shall be expressed in the inden-
ture."
Mr. AUDOUN accepted the amendment.
Mr, RIDGELY. That proposition comes up
in a very small house. The principle decided
yesterday was decided by an unusually large
house. We are called upon in this condition
of things to vote upon it. I move that this
section be informally postponed; and on that
question I ask for the yeas and nays,
The yeas and nays were ordered.
The question being taken, the result was—
yeas 20, nays 37—as follows :
Yeas—Messrs. Blackiston, Crawford, Du-
vall, Hodson, Hollyday, Horsey, King, Lans-
dale, Lee, Markey, Mitchell, Morgan, Parran,
Ridgely, Smith, of Dorchester, Smith, of
Worcester, Stockbridge, Thomas, Todd, Wil-
mer—20.
Nays— Messrs. Goldsborough, President;
Abbott, Annan, Audoun, Brooks, Carter,
Cunningham, Cushing, Daniel, Davis, of
Washington, Dellinger, Ecker, Farrow, Gal-
loway, Greene, Hatch, Hebb, Hoffman, Hop-
per, Mullikin, Murray, Negley, Nyman, Par-
ker, Pugh, Purnell, Russell, Sands, Schley,
Schlosser, Scott, Sneary, Stirling, Swope,
Sykes, Wickard, Wooden—37.
The motion to postpone was accordingly
rejected.
The question recurred on the adoption of
the section submitted by Mr. AUDOUN.
Mr. AUDOUN demanded the yeas and nays,
and they were ordered. |
The question being taken, the result was—
yeas 44, nays 13—as follows;
lens—Messrs. Goldsborough, President ;
Abbott, Annan, Audoun, Brooks, Carter,
Cunningham, Cushing, Daniel, Davis, of
Washington, Dellinger, Ecker, Farrow, Gal-
loway, Greene, Hatch, Hebb, Hoffman, Hop-
per, King, Markey, Mullikin, Murray, Negley,
Nyman, Parker, Pugh, Purnell, Ridgely,
Russell, Sands, Schley, Schlosser, Scott,
Smith, of Worcester, Sneary, Stirling, Stock-
bridge, Swope, Sykes, Thomas, Todd, Wick-
ard, Wooden—44.
Nays—Messrs. Blackiston, Crawford, Du-
vall, Hodson, Hollyday, Horsey, Lansdale,
Lee, Mitchell, Morgan, Parran, Smith, of
Dorchester, Wilmer—13.
The section was accordingly adopted.
DETENTION IN SLAVERY.
Mr, STIRLING submitted the following
amendment to the report,
"Section—. Any person who shall, after
this constitution shall have gone into effect,
detain in slavery any person so emancipated
by the provisions of this constitution, shall,
on conviction, be fined not less than five
hundred dollars, nor more than five thousand
dollars, or be imprisoned not more than five
years; and any of the judges of this State
shall discharge, on habeas corpus, any per-
son so detained in shivery."
Mr. RIDGELY. How can anybody be de-
tained in slavery against the law ?
The PRESIDENT. He can be forcibly held
in slavery.
Mr. RIDGELY. They have the same rights
that I have.
Mr. SANDS. What are petitions for free-
dom for ?
Mr. STIRLING. This section cannot possibly
do any harm; and while I do not think
there is any absolute necessity for it, and do
not coffer it because I think it is necessary for
the final abolition of slavery, yet somebody
might be disposed to exercise the practical
physical power of keeping a person in slavery
who is legally emancipated. He may have the
physical power to prevent a person from assert-
ing the rights this constitution gives. While
1 do not think any judge on the bench would
make such a decision, yet by previous legis-
lation it requires a petition for freedom to
establish the right of emancipation; and 1
want to provide for the punishment of any
man who shall undertake to detain in slavery
those who are freed, and to resist the law we
have undertaken to enact; and I want to
provide for a discharge by a judge upon
habeas corpus, without the formality of a pe-
tition for freedom,
Mr. WILMER demanded the yeas and nay's,
and they were ordered.
The question being taken, the result was—
yeas 42, nays 13—as follows:
Yeas—Messrs. Goldsborough, President ; |
