the word "free." I wish to restore the old
Magna Charta phrase, " free man."
The amendment was rejected.
Mr. CLARKE. I move to around the article
by adding the proviso which now exists in
article 21 of the old bill of rights, which
corresponds with article 23 in this :
"Provided, That nothing in this article
shall be so construed as to prevent the Legis-
lature from passing all such laws for the gov-
ernment, regulation and disposition of the
free colored population of this State, as they
may deem necessary."
Mr. CLARKE. The wording of that, or the
addition of that clause to this article, does
not at all conflict, as some of the amendments
may, with the idea of emancipation of the
slave population; because, so soon as those
slaves shall be emancipated, they then become
the free colored population of the State.
Therefore, if this amendment is adopted, the
Convention will determine that nothing in
this article shall be so construed as to pre-
vent the Legislature from passing such laws
in relation to these emancipated persons as
may be necessary. Here again I find myself
with President Lincoln. He has expressly
said in his message that his views on emancipation
do not at all come in conflict, and
are not intended to come in conflict with the
regulation of this class of population in the
States. That is, as I understand it, a part of
his policy, that the regulation of that class of
population, when they are set free, should re-
main under State control, and subject to
Legislative action. That is announced by
members of his Cabinet. They have made
several orations which have gone forth to the
country in which this is announced as a cardinal
doctrine and policy to be pursued, in
relation to this population, when they extend
to it the blessings, as they call it, of freedom.
I think this recommendation is most reasona-
ble. Is it to be supposed that the colored
population is to be freed suddenly, as is pro-
posed, by this Declaration of Rights, with-
out a moment's warning, in the midst, it
may be, of the harvest field, without the
Legislature having the opportunity in any
way, shape or form, to control or to supply
the required labor. The young and old, help-
less and infirm, parentless infants with not
even a brother or sister upon whom, if they
bad the power of utterance, they could call
for protection, are thrown upon the commu-
nity; and shall the Legislature have no pow-
er to adopt a system of apprenticeship?
If this amendment is voted down we shall
be placed in this position. This whole population
will be thrown upon the community ;
and if the Legislature undertakes to pass laws
in reference to them, it will be argued that
this proposition having been offered in this
Convention, and having been voted down, it
was the judgment of the Convention that the
Legislature should have no such power; but |
that the free negro population should be left
subject to the same laws which govern the
white man in the State of Maryland. If the
Legislature undertakes to pass a law reg-
ulating their status, after they are set free, it
will be unconstitutional, because the Court
will be allowed to look at the action of this
Convention upon a matter where there is no
express provision. That I think would be
the plain and legitimate argument drawn from
the rejection of this proposition.
if this proposition is adopted, it leaves the
matter in the hands of the Legislature elected
by the people, and their policy can bechanged
if it is unsatisfactory to the people. If there
should be a constitutional provision, or stat-
ute law, lo prevent colored persons from
coming into the State, that would not apply
to those already here, and therefore would
not meet the case. That would merely keep
out colored people from other States; while
this is to give the Legislature a power to be
exercised and used wisely, and beneficially,
and judiciously; and; as I before stated, it is
in conformity with Mr. Lincoln's recommend-
ation, and the elaborate arguments of his-
cabinet ministers and some of his warmest
friends.
Mr. STIRLING. I do not propose to make
any speech, or to enter into any discussion in
regard to the free colored population or the
disposition of the emancipated class after
they shall have been emancipated, because I
do not consider it properly before the Con-
vention at this time. The people of the
State of Maryland lived up to 1850 as a slave
State, under this article as it stands in this
report. The proviso this gentleman wishes
to put in was inserted in 1850; and we have
lived under that for fourteen years. As to any
necessity of providing for tire free colored
population in this State, so as to prevent
crime and idleness, and so as to promote
peace, order and quiet, so far as that is con-
sistent with the status of freemen, the Legislature
possesses it without the proviso. The
only effect of the proviso is inconsistent with
the rest of the article. As to any system of
apprenticeship consistent with personal lib-
erty, the Legislature of this State always had
the power to control that, not only with re-
gard to free colored people but free white
people, and they have exercised it time and
time again.
This "clause of the Constitution of 1850 was
put in simply for the purpose of denying to
the free colored population of the State any
rights whatever.
It was for the purpose of excepting then broadly
from the" provisions of law, and
stating that their condition in Maryland was
to be subject to the absolute discretion of the
Legislature; for the word "disposition" is
a substantive grant of power to reduce to
slavery and means nothing else. To dispose
of a man is to sell him, get rid of him, do |
