58               The Maryland Constitution of 1864.            [404

movement for apprenticeship, although prominent in the
minds of the members during a large part of the debate,
particularly during the consideration of the questions of
emancipation and compensation and of the legaislative de-
partment,⁸¹ did not assume final form till August 26, when
Mr. Todd submitted his proposition, in the form of an
amendment to the report of the Committee on the Judi-
ciary Department, providing an additional section which
made it the duty of the Orphan's Courts of the state to
bind out till they became of age "all negroes emancipated
by the adoption of this Constitution, who are minors, in-
capable of supporting themselves, and whose parents are
unable to maintain them," with the addition that "in all
cases the preference shall be given to their former mas-
ters, when in the judgment of said courts they are suitable
persons to have charge of them." Amendments offered by
Mr. Schley of Frederick and Mr. Stockbridge, respectively,
requiring the consent of the "parents or next friend of
the minor," and that masters should be bound to have
their apprentices taught to read and write, were both lost.
The section was divided for the vote, the first part allow-
ing apprenticeship being carried by the vote of 51 yeas
(including 28 majority votes) and 20 nays, and the second
part, giving preference to the former owners, by 45 yeas
(21 majority votes) to 27 nays.⁸² On the next day (August
27) the Union men, who were evidently rallying their
forces, introduced and carried by large majorities on a
strict party vote two new sections, the first requiring that
masters should take a stringent oath of allegiance before
negro apprentices were bound to them, and the second
prescribing heavy fines or punishment for those who de-
tained in slavery any persons emancipated by the Constitu-
tion.⁸³. This latter section was incorporated in the new
Constitution,⁸⁴ but the former one, as well as Mr. Todd's

⁸¹ Proc., 311-2.                                                       ⁸² Proc., 593-8.

⁸³ Proc., 604-7.                                                  ⁸⁴ Art. iv, sec. 12.