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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 239   View pdf image (33K)
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239
insomuch that after a few months' experiment
General Banks had to issue a general order
that that class of colored persons, those freed,
must engage as laborers and have regular em-
ployment, that they should work by the
month, and he went so fair as to regulate the
wages, that first class hands should have eight
dollars per month and certain rations, food
and clothing; the second class six dollars
per month, and the third class four dollars
per month, and the provost marshals were to
see that they worked according to the con-
tract which was made—if we are to deny the
Legislature the power to make such regula-
tions as these, which could not be made ap-
plicable to white laborers, if the hands of
the Legislature are to be tied up so that they
can organize no such system of police regulations
applicable to this unfortunate class in
the community, who, it seems, are to re-
main with us at all hazards, whether they
work or not; if the Legislature is to be re-
stricted merely to the punishment of actual
crime, we should be in a much more lamentable
condition than any State ever yet has
been in this country.
Wherever this system of emancipation has
been tried, it has been found necessary to
have a rigid system of discipline requiring
these parties to have regular employment and
work. General Banks tried it, and Wendell
Phillips denounced General Banks for having
with one hand set them free and with the
other put taskmasters over them. As we
may not have the benefit of General Banks'
experience in Maryland, unless, having re-
stored Louisiana to the Union, be should have
no further employment and should be sent to
this Department, and, even in that cane, it
would not be permanent, I think it will be
best to entrust to the Legislature the enactment
of such police regulations as may be
necessary here, and as were shown to be
necessary in the experience of General Banks
in Louisiana. I think then that we ought to
add to the present Constitution the proviso
moved by the gentleman from Prince George's,
(Mr. Clarke.) I think that would be safe,
and I do not think it would be liable to
abuse. All that would be necessary would
be that the rest of the State should be pro-
tected from the improvidence as well as the
criminality of this class.
Mr. CLARKE demanded the yeas and nays,
and they were ordered.
The question being taken, the result was—
yeas 20; nays 37—as follows :
Yeas—Messrs. Billingsley, Bond, Brown,
Chambers, Clarke, Crawford, Dail, Davis of
Charles, Edelen, Harwood, Hollyday, John-
son, Jones of Somerset, Lee, Mace, Mitchell,
Miller, Parran, Smith of Dorchester, Tur-
ner—20
Nays—Messrs. Goldsborough, President;
Abbott, Annan, Baker, Barron, Carter, Cun-
ningham, Cushing, Davis of Washington,
Dellinger Earle, Ecker, Farrow, Galloway,
Hatch, Hebb, Hopkins, Keefer, King, Mc-
Comas, Mullikin, Murray", Noble, Nyman,
Parker, Purnell, Robinette, Sands, Schlosser,
Scott, Sneary, Stirling, Stockbridge, Sykes,
Todd, Valliant, Wickard—37.
So the amendment was rejected.
Mr. CHAMBERS moved to amend the article
by striking out the word " man," and in-
serting in place thereof, the word " citizen."
Mr. BILLINGSLEY demanded the yeas and
nays, and they were ordered.
The question being taken, the result was—
yeas 20; nays 38—as follows:
Yeas—Messrs. Billingsley, Bond, Brown,
Chambers, Clarke, Crawford, Dail, Davis of
Charles, Edelen, Harwood, Hollyday, Hor
sey, Johnson, Jones of Somerset, Lee, Mitch-
ell, Miller, Parran, Smith of Dorchester, Tur'
ner—20.
Nays—Messrs. Goldsborough, President ;
Abbott, Annan, Baker, Barron, Carter, Cun-
ningham, Cushing, Davis of Washington, Del-
linger, Earle, Ecker, Farrow, Galloway, Hatch,
Hebb, Hopkins, Keifer, King, Mace, McComas,
Mullikin, Murray, Noble, Nyman, Parker,
Purnell, Robinette, Sands, Schlosser, Scott,
Sneary, Stirling, Stockbridge, Sykes, Todd,
Valliant, Wickard—38.
So the amendment was rejected.
The 23d article was read as follows :
Art. 23. That hereafter, in this State,
there shall be neither slavery, nor involuntary
servitude except in punishment of crime
whereof the party shall have been duly con-
victed: and all persons held to service or la-
bor as slaves are hereby declared free.
Mr. STIRLING. I suggest that the 23d arti-
cle be passed over as the 4th article was, in-
formally, cm til we get through the rest.
Articles 24 and 25 were read, and no
amendments were offered.
Article 26 was read as follows :
Art. 26. That no conviction shall work
corruption of blood, or forfeiture of estate.
Mr. STIRLING. I wish to make a slight
change in that article. I do not know that
it will alter the meaning of it; but it is the
form in which it is placed in some other Con-
stitutions. I find by the debates upon the
former bill of rights that this is the form
which was preferred by the chairman of the
Committee on the Declaration of Bights in
that Convention; and it is to prevent a mis-
construction which I do not wish to see placed
upon it, that I move to strike out the latter
clause, ''or forfeiture of estate," and insert :
''Nor shall there be any forfeiture of the
estate of any person for any crime except
treason."
Mr. CHAMBERS. That is an entirely new
proposition I thought the committee bad
reported that unanimously. That is a long
standing doctrine of this State; and I should
like to know why that alteration is proposed
to be made. I think we are entitled to hear


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 239   View pdf image (33K)
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