Legislative Department. And the gentleman
confines the operation of his order to minors.
If it is to be confined to minors, such a pro-
vision in the Constitution cannot give the
Legislature any more power than it now has
over that subject. They have all possible
power over it now, and the only effect of
putting this in the Constitution will be to
control the Legislature in a manner that I
do not want. I am. opposed to put anything
in the Constitution which asserts that any
such tiling is necessary. If it becomes neces-
sary then let the Legislature attend to it.
Mr. TODD. To meet the first objection of
the gentleman, I will change the order so
that it will go to the Committee on the Legis-
lative Department. I was under the impres-
sion when I I drew the order that the Com-
mittee on the Legislative Department had
reported. But I believe I was mistaken in
that fact.
I do not see that there is any force in the
second objection the gentleman has urged. It
is certainly a question whether the Legisla-
ture has the power to provide what is indi-
cated in that order. I think it is very de-
sirable that some provision should be made so
as to better prepare those emancipated ne-
groes, who may be minors, for the enjoyment
of the freedom which we shall give them.
Mr. ABBOTT. I would suggest to my friend
that we better emancipate them first, and
then provide for them afterwards.
Mr. TODD. The Legislative Committee may
report before we do that, and then it will be
too late to refer the subject to them. I think,
however, there is no doubt but what we shall
pass the 23d article of the bill of rights.
Mr. MILLER The gentleman can obviate
that objection by inserting the word "free"
in place of the word "emancipated."
Mr. CLARKE. These orders are mere orders
of inquiry, and I believe have all been passed
and referred to various committees. That
being the case I shall vote for this order being
referred. It does nut commit the Convention
to anything, and to not refer it would, I
think, be showing a discourtesy to the gen-
tleman from Caroline (Mr. Todd) which we
have not shown to other members.
Mr. DANIEL. I hope this discourtesy will
not be extended to the gentleman from Caro-
line, (Mr. Todd,) there having, I believe, been
no order of inquiry of any sort offered here
that has not been referred to an appropriate
committee. We have discussed some orders
which we thought were perhaps not proper
to be considered by committees; yet as a
matter of courtesy, and that we might have
all the light possible on all subjects, I believe
we have referred every order without excep-
tion. I believe this is a very appropriate or-
der, especially alter we shall have decided
upon emancipation; and I think it is per-
fectly proper to refer it to a committee. We
shall be treating the gentleman from Caroline, |
and the order, with discourtesy if we do not
refer it.
Mr. ABBOTT. Make it "free" instead of
"emancipated," and I will vote for it.
Mr. TODD. I am not prepared to adopt
that suggestion, because we already have
laws upon our statute book in relation to that
particular class of persons. The point I wish
to get at is those who may be freed by the
action of this Convention, and of the people
of the State.
Mr. STIRLING. I wish to say but one word ;
and that is, that two-thirds of the members
elected on the majority side of this house are
pledged against the substantive part of that
order, and I am not willing to vote even for
an inquiry upon a subject which am pledged
not to advocate.
Mr. DANIEL. I do not understand that any-
body of the majority of this house is pledged
against any reference, I understand that if
we shall adopt the principle of freedom ill
this Convention then the laws already in ex-
istence referring to apprentices will apply
unless we provide differently. The laws apply
to white apprentices,
Mr. STIRLING. It is not a mere matter of
apprenticeship. That order says ''as a prep-
aration for freedom." That contains the
germ of the whole question.
Mr. DANIEL. I do not understand that the
order commits us to anything; it only calls
for information upon the subject. It may be
that in addition lo the laws now in existence
upon the subject of apprenticeship, if we shall
free the minors, it may properly be neces-
sary to make some provision to meet the
case of those halving been slave's, and sud-
denly turned loose in the community; with-
out increasing—for I would be against that—
the term of apprenticeship, as it is under
the present laws. But we do not know what
additional legislation may be required in or-
der to make the present laws on the statute
book applicable to them, therefore, as amatter
of inquiry, I can see no barm to be done by
this order. I certainly do not consider my-
self pledged to provide for this, when I vote
for the order.
Mr. TODD. In order to meet the difficulty
suggested by the gentleman from Baltimore
city, (Mr. Stirling,) I will insert the words,
"the enjoyment of," before the word "lib-
erty," so that the amendment will thus read :
" Ordered, That the Committee on the Leg-
islative Department be instructed to enquire
into the expediency of incorporating into the
Constitution a provision making it the duty
of the Legislature to provide by law for the
apprenticeship, by courts of competent juris-
diction, of emancipated negroes, who are
minors, so as to better provide for their wel-
fare and preparation for the enjoyment of
freedom."
The question was upon the adoption of the
order as modified. |
