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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1800   View pdf image (33K)
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1800
When their names were called,
Mr. FARROW said: I moved the reconsid
eration of this section expecting an amend-
ment to be offered. Believing that the present
law would be much more likely to be abused
than this, I vote "aye."
Mr. HEBB said: I desire to state why I shall
now vote against this proposition, when be-
fore I voted for it. An amendment I offeree
was accepted by the gentleman from Caroline
(Mr. Todd) limiting the operation of the ap-
prenticeship system so as to apply only to
those minors incapable of supporting them-
selves and whose parents are unable to main-
tain them. Having told the gentleman from
Caroline that if he would incorporate that
amendment I would vote for the section, I
did so at that time. Believing that the law
is sufficient and will be much better carried
out as it is than with this section together
with the other section adopted on the motion
of the gentleman from Baltimore city (Mr.
Audoun,) I vote "no."
Mr. MCCOMAS said: I voted for this propo-
sition before; but after more mature deliber-
ation I think it is improper matter to incor-
porate into the constitution. It is impossible
to attach to it here those barriers which
should exist against abuse. I therefore now
vote ''no,"
Mr. NEGLEY said: Our friends who are
much more interested in this than we are,
having deserted it, I feel no hesitation in doing
so likewise, and I therefore vote " no."
Mr. PURNELL said: When this section was
before the convention I supported it in a
feeble way. I have maturely considered it
since, and I see nothing whatever objection-
able in it. I voted a few moments since for
a reconsideration of the proposition for the
purpose of giving those who are opposed to
it an opportunity of modifying it, improving
it, or amending it in any form to make it
acceptable to them, preserving the substance
and tenor of the section. They have not
done so. Seeing no cause whatever to change
my tactics in this matter, I shall adhere to
my original vote. I vote "aye."
Mr. RIDGELY said: As I understand the
laws of the State as they now exist, the or
phans' courts have power to bind out such a
class of people in their own discretion as
vagrants and those that are incapable of sup-
porting themselves. The difference between
the existing law and the provision under con-
sideration is this, that this provision restrains
that discretion, and limits its exercise only to
those who are loyal. The house have voted
to strike that out. I think it ought to re-
main there. I vote "aye,"
Mr. TODD said: In offering this proposition
I acted from conscientious motives of right
and justice. I see no reason whatever for
changing my position; and I therefore vote
"aye."
Mr. CHAMBERS said: I understand that this
is the question whether to accept the proposi-
tion originally introduced by the gentleman
from Caroline (Mr. Todd) as it stands, en-
cumbered with loyalty oaths, &c., or to leave
the matter as it was before. Is that the
character of it?
The PRESIDENT. Yes, sir; that is the
character of it.
Mr. CHAMBERS. I vote "no," not to ac-
cept this.
The twenty-ninth section was accordingly
rejected.
Mr. CHAMBERS. I understand that that is
not the section that imposed the restriction.
The PRESIDENT. I suppose that to be con-
sistent the convention will strike out the
other section.
Mr. AUDOUN. When the twenty-ninth sec-
tion was adopted a few days ago, for the
purpose of meeting it, I offered the 30th.
The 29th has been stricken out, and I see no
use in retaining the 30th section. I therefore
move to reconsider the vote by which that
was adopted.
The motion to reconsider was seconded by
Messrs, CUSHING and HEBB.
The section was the following:
" Sec. 30. 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 consti-
tution, in the article on the elective franchise,
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 lo have charge of such
negro; and the fact of such oath having been
taken by the party to whom such negro has
been bound, shall be expressed in the in-
denture,"
The motion to reconsider was agreed to.
The question recurred upon the adoption
of the section, and it was rejected.
Mr. CHAMBERS. Will it now be in order to
offer the original proposition of the gentle-
man from Caroline as a new section, and let
the house vote nakedly upon it?
The PRESIDENT. That amendment has
been virtually voted upon by the house
already.
JUDICIARY REPORT.
Mr. HEBB. I move to strike out the word
' 'associate "in section two, line one, being
anerror. It reads:
"The judges of the several courts, except
the associate judges of the orphans' courts,"
&c.
The amendment was agreed to.
On motion of Mr. THOMAS,
Sec. 42, line 9, was amended by striking
out "thirty-third" and inserting "forty-
first," a change rendered necessary by the
renumbering of the sections.


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1800   View pdf image (33K)
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