tent of the law is that the governor must
give notice that he is going to take the case
up for consideration.
This order does not conflict with that in
the least. If the governor acts upon this re-
commendation, be has the power to give all'
the notice that the law requires to begiven.
Now, in regard to what the gentleman from
Anne Arundel (Mr. Miller) says about cer-
tain persons having been sold, and those who
have bought them having an interest in their
labor—I do not think those cases could come
within the purview of this order. I should
have been better satisfied with the order if it
bad been confined to persons in the peniten-
tiary. So far as I have heard, or believe, I
do not think there is a single negro who has
been convicted for these offences who has not
been sold out of the State.
Mr. JONES, of Somerset. They are all sold
in the State.
Mr. MILLER. I suppose that within the last
year ten or a dozen have been sold in this
county.
Mr. STIRLING. The governor has adiscre-
tion in regard to them. I do not think any
barm can result from the adoption of this or-
der. So fair as my experience goes, the
amount paid for these persons is not much,
and probably full value has been returnee
long ago,
Mr. MILLER. I know persons who have
paid as high as two hundred dollars.
Mr. STIRLING. However, that does not at
all touch the question of power. The gov-
ernor, under the constitution, is not bound
to observe any such obligation as that. No
matter if the criminal in the penitentiary is
bound by a contract to work for those who
contract with the penitentiary, he can be par
doned, and when he goes out, the contract, so
far as he is concerned, it is at an end. I have
never had my attention called to the people of
which the gentleman speaks. I know there
are a great many cases in the penitentiary
involving great hardship—of persons who
have been sent there because the judges of
the courts had no discretion in the matter.
I know of a case in Allegany county
where a man was accused of running off a
number of servants, they being his own
children. It was proved before the court
that he wanted to .keep them from being
taken by the rebels. Yet he was sentence
to the penitentiary for five or ten years.
call upon the members from Allegany to say
whether that is not the fact, or very near the
facts? I may have misstated them some
what, but I am satisfied I have stated then
very nearly right.
Mr. GREENE. The case arose in this way
at. a time when it was supposed the town of
Cumberland was in danger of being taken b
the rebels, this old negro man gathered up his
children, who were slaves, and took them off
to Pennsylvania. He made no concealment |
of what he was doing; the fact was observed
by everybody. Yet he was convicted and sen-
tenced. The judge, the jury, and nearly all
the leading citizens of Cumberland, including
the owner of the slaves that had been run off,
signed a petition to the governor requesting a
pardon.
Mr. JONES, of Somerset. And the governor
has granted it?
Mr. GREENE Not yet.
Mr. STIRLING There is one man now in the
penitentiary under a sentence for forty years,
for an offence of this kind; a man against
whose private character no one entertains a
doubt, but who under mistaken notions un-
dertook to carry out his own convictions in
regard to the law. It is one of that class of
offences which no one regards as malum in se,
but an offence against those laws which were
necessary to keep up the institution of slavery.
He was sent from Prince George's county for
forty years. When there is no longer any
necessity for such laws, why keep him there?
Mr. BELT. What was the case? One of
insurrection?
Mr. STIRLING. No; being engaged in the un-
derground railroad. He was convicted on five
or six indictments, probably more, at the same
term of the court.
Mr. BELT. The most remarkable feature
about this discussion, is this extraordinary
sympathy for the negro. Not satisfied with
devoting nearly the whole of the session of
the convention to the consideration of the
negro in his various interests and relations,
here at the very heel of the session, on the
very brink of adjournment, we are called upon
to stop our legitimate business, and pass an
order recommending the governor to open the
door of the penitentiary to the negro and the
negro stealer; for nine-tenths of the people
tried for these offences against the policy of
slavery are negroes. Why not extend your
clemency and leniency and mercy to white
men? Many a white man is in the peniten-
tiary for other offences, and there unjustly.
I have vainly tried, during the session of the
convention, to have some action taken here
that would release from the penitentiary men
who have been sent there, and who have since
become lunatics. You can get nothing-done
for innocent white people who are confined
for minor offences upon slender evidence.—
Nothing can be done except for Mr. Negro ;
he is to be relieved, it is preposterous, ridic-
ulous, disgusting.
Mr. STIRLING, The gentleman can enter-
tain himself what opinions he pleases about
what is preposterous and disgusting. I choose
to entertain my own. I would like to know
what this convention has to do with partica-
lar cases of wrongful imprisonment? This
order, whether right or wrong, is based upon
the ground that there is a certain class of of-
fences, action upon which is rendered no
longer necessary by the action of this body. |
