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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 947   View pdf image (33K)
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947
business has intervened since the motion to
adjourn was last voted upon.
The PRESIDENT. The motion to adjourn is
not now in order. Some intervening business
must be transacted before the motion to ad-
journ can be renewed.
Mr. JONES, of Somerset, resumed: I admit
to the fullest extent the power of the govern-
ment over property. I admit that the State
of Maryland has the right to say to her citi-.
zens what objects they shall hold as property,
and provide guarantees for its protection, and
remedies for all injury to it. But I do say
that when the State of Maryland has thus an-
nounced to its citizens what is property, and
what shall be protected by all the courts and
other authorities of the State as property,
then the public faith becomes pledged to those
who have invested the proceeds of their labor
in that property, that they shall not be de-
prived of it suddenly and without compensa-
sation. I put it upon the ground of that good
faith which the State should observe towards
her citizens.
Now in regard to the provision which
should be made for the support of the aged
and infirm. Gentlemen here can have very
little idea about this species of property;
they can form but little conception of the
number of them. These people live to a very
great age. I have known some of them well
on to a hundred years old. They become
helpless, sometimes in their second childhood,
and require to be nursed and taken care of.
Many of the others are idiotic, and require to
be taken care of as children, even after arriv-
ing at years of maturity. And what is to be
done with all these 80,000 negroes you are to
set free? Or suppose there are 75,000 of
them remaining; the federal government has
taken some 5,000 or 6,000 of them into its
service. But with their natural increase, I
suppose there are not many less than 80,000
now in the hands of their owners, for there
has been no exportation from the State for
the last three years. Heretofore, there has
been an exportation from the State, of not
less than several millions of dollars in value
every year. For many years, before 1861, I
think the exportation from Somerset county
alone, was at least from $100,000 to $150,000
in value each year Some owners emigrated
and carried their slaves with them farther
South, where they were of more value. And
I know persons who have, within the last
three years, under the sanction of the State,
invested from $3,000 to $3,500 in this prop-
erty, at from $1,000 to $1,200 each.
Now, as to those that are under age,
minors; what is to become of those from a
few weeks old, those that are not yet born,
but will be born between this time and the
adoption of the constitution? They are to be
set free in their mother's arms, and with the
best she could do, she could not do much
more than feed and clothe herself; and I
have known some who could not do that, I
have seen, in our court, a negro woman from
twenty-five to thirty years of age, come in,
and under your law apply to the judge to be
allowed to indebt herself into slavery to a
person who would undertake to feed and
clothe her. I have heard the judge say to
her: " Do yon understand the consequences
of the act you are about to perform? That
you and your children will be slaves forever ?
that the law of the State provides that if yon
consent now to become the slave of this man,
you and your children become slaves forever
to him?" And be has told her to take time
and reflect upon the matter; and has allowed
her three months. And at the next term,
she came back again and renewed the appli-
cation, saying she had no home, and could
get no employment. That was not more
than four years ago, I am certain. She had
no friends to go to, and would rather be the
slave of the humane man she had selected for
her master, where she would have a home.
What is to be done with reference to
children from a few days or weeks old, up to
ten or twelve years of age? I suppose those
who are ten or twelve years of age, may find
those who would be glad to take them and
support them, if they are healthy, and have
common sense, and can be made good ser-
vants of. They have been reared to that age
at the expense of their owners, or if they did
not rear them they purchased them, if they
reared them to ten or twelve years of age, it
has been at the expense of from $300 to $400
each. From the time they were born, their
doctor's bills, their food and clothing will
cost that much. Now, who is to compensate
their owners for rearing them to that age?
Suppose they are set free; the orphans' court
under your laws are to dispose of them. They
may select their former owners, if they
choose. The owners may apply, and Tom,
Dick and Harry may apply for them. The
owner will say: "I have been to an expense
of $300 or $400 to rear this child to this age,
and I think I ought to have his services until
be is of age." The court may reply?"That
may be so, but we have discretion in the
matter;" and they may bind him to some
one who has not, upon the express pledge of
the State, been at the expense of rearing him.
This question addresses itself to the sense of
humanity, as well as the sense of justice of
this convention.
I had desired to say a word or two to my
worthy friend from Howard (Mr. Sands)
upon his most unfortunate illustration from
Scripture. While the gentleman may be well
read in the law, I would suggest that be bet-
ter leave the prophets to my friend from Caro-
line (Mr. Todd.) Why, sir, he had the
whole children of Israel except Joseph sold
into slavery in Egypt, when the truth was


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 947   View pdf image (33K)
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