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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 916   View pdf image (33K)
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916
rights before we attempted the formation of
a new constitution. It strikes me that ac-
tion otherwise is inappropriate and opposed
to the best interests of the State and of the
country, and sacrificial lo the rights of a large
portion of the citizens of the State.
I propose by the amendment to leave this
section out of the new constitution, that the
legislature which may be called to assemble
hereafter, may be at liberty, according to the
instructions which they may receive from the
people who shall fend them here, to provide
compensation, or not to provide it, for those
who have been deprived of their property.
Does it not seem to be more feasible, more
practicable, more just, that that should be
left to the people of the State who shall elect
succeeding legislatures, than that we should
tie up their hands by this prohibitory clause ?
It appears lo me so manifest, so plain, so
self-evident a truth, that such should be our
action, if it be determined by the convention
that slavery shall be abolished in the State,
that I could scarcely have supposed that there
would he a hesitating voice in the conven-
tion; The people of the State are as good
judges as we as to their capacity, as to their
duty upon this subject. Although I cannot
hope for any manifestation that I have seen
exhibited in the convention that the amend-
ment will prevail, or that the people of the
State will have such an opportunity, still I
feel it my duty to press it upon the conside-
ration of the convention. I should feel highly
gratified, and that the convention at last had
redeemed itself lo a great extent in my view
from the imputation of a desire or intent ex-
pressly to inflict an irreparable injury and
loss upon some people of the State, whether
they are a minority or a majority, if they
would adopt my motion.
Minorities are entitled to protection, it
should be recollected, as well as majorities.
Majorities, it has been conceded, can protect
themselves. The minority then is the very
party which needs the protection of law.
Let the decision of the matter go before
the people again. Let them say whether they
will insist upon the course indicated by the
present, convention to be pursued by ensuing
legislatures.
Another objection to the section is in its
prohibiting the passage of any law by which
compensation shall be received I submit
that even though the legislature may be re-
stricted from making any appropriation from
the treasury of the State for the purpose of
compensation, they might nevertheless pass
some law providing for the compensation of
persons who have lost the use of their property
or been deprived of their property. Another
source has been referred to by the people of
the State for compensation, besides the State
treasury.. If my motion to strikeout fails
I propose to offer an amendment to strip the
section of that prohibitory clause. I would
beglad, however, I could not do otherwise
than rejoice at the sense of justice which this
convention would manifest by striking out
this section altogether, and leave the whole
subject to be settled by the people when sober
reason may prevail, when a disposition to do
justice to all may return, when we may be free
from the shackles which are now on public
sentiment and on the public mind now that,
it seems to me, public virtue is dethroned.
I had not intended to say anything in rela-
tion to this subject. Indeed I was not pre-
pared for its coming up. And with these
impromptu remarks I yield the floor.
Mr. JONES, of Somerset. Mr. President—
Mr. PUGH. I rise to a point of order. The
motion was made by the gentleman from Al-
legany fur the previous question.
Mr. JONES, of Somerset. He could not
make that motion while the gentleman from
St. Mary's (Mr. Dent) was upon the floor.
Mr. HEBB. The gentleman from St. Mary's
(Mr. Dent) moved to strike out the section.
That motion was seconded by the gentleman
from Somerset, which he could not have done
unless the gentleman from St, Mary's had
yielded the floor. I immediately moved the
previous question, but when I learned that
the gentleman from St. Mary's wished to
speak, as he has not spoken upon this ques-
tion, I did not raise the question of order.
The PRESIDENT overruled the point of
order.
Mr. JONES, of Somerset. I confess my
amazement at the seeming anxiety manifested
by certain gentlemen upon this floor lo cut off
debale by the previous question upon this
most important of all the questions which we
have had under consideration during the ses-
sions of this convention, in my estimation. ,
It the minority of this convention upon a
question of such vital importance as this, are
to besilenced in the debate, and reduced to
the humiliating necessity of merely recording
yea or nay upon such propositions, tor one, 1
take it upon myself to say that from that mo-
ment I shall cease to be a member of this con-
vention. The poor privilege of opposing in
argument the propositions we disapprove of,
is all that we can hope to entertain. I say,
therefore, that I was amazed that upon this
proposition, upon which there has been no
vote, and no intimation of the sense of this
convention by any vote that has been taken,
notwithstanding what has been said by the
gentleman from Howard (Mr. Sands,) that
there should be a desire to cut off debate.
The proposition to emancipate the slaves of
Maryland is one thing. The proposition to
make immediate compensation for that eman-
cipation is another question. And the pro-
position that the legislature shall never here-
after have the power to pass a law to make
compensation is a totally different question,
and God, forbid that this convention should
ever stigmatize itself by putting such a pro-


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 916   View pdf image (33K)
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