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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 713   View pdf image (33K)
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713
Keefer, Kennard, King. Lansdale, Larsh,
Lee, Mace, Marbury, Markey, McComas,
Mitchell, Miller, Mullikin, Murray, 'Negley,
Nyman, Parker, Parran, Peter, Purnell,
Ridgely, Robinette, Russell, Sands, Schley,
Schlosser, Scott, Smith, of Carroll, Smith, of
Dorchester, Sneary, Stirling, Stockbridge,
Sykes, Thomas, Thruston, Turner, Valliant,
Wickard, Wooden—78.
The journal of yesterday was read and ap-
proved.
ORPHANS' COURTS.
Mr. AUDOUN submitted the following order:
Ordered, That the Committee on the Ju-
diciary be and they are hereby requested to
inquire into the expediency of authorizing
tile several Orphans' Courts of this State to
ratify and confirm the sale of real estate as
fully as any Court of Equity could do, in all
cases of intestacy where the personal estate
is not sufficient to pay the debts of the intes-
tate; and also, in all cases where the sale of
real estate belonging to wards under the care
of the Orphans' Courts, may be deemed to
be to the advantage of any such ward or
wards.
Which was adopted.
DECLARATION OF BIGHTS—EMANCIPATION.
The Convention resumed the consideration
of the report of the Committee on the Decla-
ration of Rights, which was on its second
reading.
The article under consideration was the
following:
"Article 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
labor as slaves are hereby declared free."
The pending question was upon the follow-
ing amendment, submitted by Mr. BROWN:
Add to the 23d Article, the following :
"And the legislature shall make provision
from the Treasury of the State for the com-
fortable support and maintenance of the help-
less and paupers hereby emancipated."
Mr. PURNELL. Mr. President: The order
which was adopted last night, limiting the
debate upon this article of the Declaration of
Rights to two o'clock to-day, has placed me
under the necessity of offering a few remarks
to the Convention this morning, in support
of the article under consideration. I feel a
very great degree of embarrassment in doing
so, from the fact that there have already been
off red some very eloquent and able argu-
ments, to which I have listened with pleasure,
from gentlemen on both sides of this house
upon the subject of emancipation. I have been
instructed and edified by each of these argu-
ments. As amatter of course, this subject.
having been so fully discussed, and so ably
examined and reviewed by gentlemen here,
46
must appear as a mere gleaner the harvest
haying already been secured.
Mr. President: I have abstained from
taking any prominent part in the discussion
of the various articles contained in the report
' of the Committee upon the Declaration of
Rights, which have been considered and
adopted by the Convention. And I should
now content myself by casting a silent vote
for the adoption of the twenty-third article
under consideration, if it were not for the
fact that it embraces a subject, and is decla-
ratory of a principle, in which a confiding
and generous constituency of the county of
Worcester, which I have the honor in part to
represent, are deeply interested. Being also
an humble member of the committee which
reported the article and recommended its
adoption as a part of the organic law of the
State, I feel it my duty to offer a few remarks
in support of that proposition. And in dis-
charge of that duty, I will remark in ad-
vance of anything that I may say on this oc-
casion, that the policy of emancipation
which forms the basis of that article, has
been fully discussed in the county of Worces-
ter, and constituted really the only issue
upon which the canvass was conducted , and
upon the result of which my colleagues and
myself were charged with the high and re-
sponsible mission we now bear to this Con-
vention.
We appear here as the mere agents of a
patriotic and loyal people—reflecting, as we
think, their opinions; and to carry into ex-
ecution their wishes upon this and such other
subjects and principles as they may deem
best adapted to their own peculiar circum-
stances; and, as they believe, for the ad-
vancement of the prosperity and interest of
the State.
In discussing this subject, therefore, I pro-
pose to offer a few reasons why I favor and
advocate the policy of immediate emancipa-
tion in Maryland; and why, at this particu-
lar .period in her history. First, because, in
my judgment, slavery was the principal cause
of this wicked rebellion. Second, because
it has been and is now, a support and mate-
rial aid in carrying on the war. Third, be-
cause it is inconsistent with the prosperity
and true interests of Maryland, and not
adapted to the development of her agricul-
tural and mineral resources. Fourth, be-
cause the institution of slavery has been al-
ready destroyed by the rebellion, and should
no longer be recognized and retained in the
Constitution of the State. And, filth, be-
cause there never will be any permanent
peace between the North and the South, so
long as slavery exists as a disturbing element.
it has been apparent to the most superficial
observer, and well understood by those who
are familiar with the history of the times for
a period of more than thirty years past, that
there have been a misguided and reckless set


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 713   View pdf image (33K)
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