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such results; when we see that it has worked ) tion. Yet it has been distinctly decided by so badly, why should we be compelled to one of the ablest judges, whose opinion was perpetuate it? Yet we are told that we shall referred to by the gentleman froin Calvert not take another system ; that although this (Mr. Briscoe) in the last Legislature as sancsystem is crushed into fragments, the people tioning the absolute right of property, as a of this State have no right to protect them- general thing, by Chief Justice Robertson, of selves by the establishment of any other sys- the Court of Appeals in Kentucky, that martem. Gentlemen have spoke of novel doc- riage is absolutely within the control of the trines; but I must confess that this is the legislative authority; with the consent of both most no el doctrine that I have heard, that parties, or without the consent, or against the we cannot emancipate. It has been the theory consent of both parties; and because it is a in Maryland for some years that the master social institution. could not emancipate, that the State con- In a Government regulated by a Constitutrolled the power of emancipation; that the tion, I say that the right to regulate the conState could deny to the master the power to dition of persons under that Constitution, emancipate. How do you reconcile that with how far one man may hold dominion over the denial to the State of the power to eman- another man, is an inherent and absolute cipate? What means the provision of the right, which the sovereignty exercises withConstitution of 1776, thai the Legislature out appeal. I do not deny the right to make shall not abolish slavery except by unanimous a slave property, so far as man can be propconsent, if the State cannot abolish it at all?erty ; but the very fact that he is a man gives What means the provision in the Constitu- the Legislature control over him. The Legistion that the Legislature of Maryland shall lature may try him and hang him. The not abolish slavery, if it were not in their Legislature may exercise any power over him power without such a provision in the Con- as a person, no matter how injuriously it stitution to abolish it? What means the pro- affects the right of property. Any man can hibition upon the interference by the Legisla- see that if a negro slave is executed for a ture with the relation of master and slave, crime, it is not a case of taking private if they had not the power to interfere? How property for public use, while the Legislature does slavery exist? Was not slavery ratified in its discretion can provide compensation, it by law in 1715 by State authority? And if is not necessary, because it became property třat State authority at that time had decided by their grant and could not have become the other way, slavery would not now exist. property otherwise. It is just because a ne

Gentlemen talk about impairing the obli- gro is a man, because he is a person, that gation of contracts. I assert that the Con- there cannot be property in him beyond the stitution of the United States never meant to power of that sovereign existence which contake away from any State the power to con- trols him as a man. The right of the State trol its own social institutions. Slavery is a to the

Slavery is a to the obedience of the negro is above that of social institution. It is in its very nature a the master. If the master tells him one thing grant from the State, by which one class of and the State another, which must he obey ? the people of the State, whether citizens or is not the negro bound as a man to obey the merely inhabitants or subjects, are transferred law of the State, no matter how much propto the domination of another class of the erty his master may have in him? The power population. I assume that the inherent right of the State rises above the power of the of every community to govern its own people, master. The position as a man is above the to regulate the status of its own population, position as a 'slave. its control over the people they made masters So far as regards the question of compenand the people they made slaves, is necessarily sation, I have but a few words to say. I say above every right of property created by the that compensation, as a right, does not exist. State or allowed by the State between these It does not exist for the reasons which I have two classes. Its right to legislate about it just urged. There may be certain instances cannot be denied. What was decided by the which justify it, and certain instances which Court of Appeals in relation to the right of do not justify it; cases when it is allowable, the city of Baltimore to appoint exclusively and cases when it is wrong.

All I can say its own police officers, was that the police upon this subject is, that this is one of the power of the State could not be abandoned. cases when it is wrong. I say that the cirHow is it sovereign, if it has no power to cumstances of these times are such that.comregulate the status of its own people? I pensation is not due. I say that the cirknow the Courts of the United States have cumstances of the future are such that comgone very far upon this doctrine. Judge pensation will come in another form; and you Story, particularly has gone to an extent that cannot strike the balance. This institution has not been sustained either by the Supreme has struck at the vitals of the United States, Court or by the other tribunals of the country, and aimed its dagger at its heart; and that Judge Story has carried the principle so far is the cause of the death of that institution. as to take the ground, that the legislative au- If it produces inconvenience to individuals, it thority could not dissolve the marriage rela-l is beyond the control of the Legislature, be


cause the Legislature cannot compensate un-, he held over the burning altar the hand with der such circumstances.

which he had signed bis recantation of Pro[The hour for taking the vote having ar- testantism, and burned it before the rest of rived, the hammer fell.]

his body, we intend to hold over the conMr. Daniel moved to reconsider the order suming flame this institution, saying : “By that the debate should be closed at 2 o'clock. this we have offended ; let this die first.''

Mr. STIRLING. If the Convention will allow I believe that such an act would not only me to proceed for ten minutes by unanimous appal the breasts of traitors in the South, but consent, I should prefer it to reconsidering the afford the only hope of reorganizing the order.

Union party of the South. But not only is Mr. DANIEL withdrew his motion,

the loyalty of the South principally confined There being no objection,

to the region where slavery does not exist, Mr. STIRLING proceeded i' I believe that the but there has uot been a man who has been inauguration of this policy will go very far converted from rebellion to loyalty, but has to establish the result which I before an- come back by the road of the abolition of nounced as the first proposition in my argu slavery. There is not a man who was in

Just so far as the Southern people the rebel army, and who has joined the Union become satisfied that the South is not a unit, army, who has not come back through the just so far they will grow weak in their re- road of abolition. There is not a single road sistance. I believe conscientiously that if by which the Southern people can ever travel the people of the South had been convinced back into sympathy, with this Government, that the border States would not have fol- except by the change of those circumstances lowed them into this war, they would not which brought about the rebellion. have made it. The idea of a confederacy This is therefore no obsequious sacrifice to based upon the States bordering upon the despots in Washington. It is the free choice Gulf of Mexico is an impossibility. They of the people of this State. It is because they believed that all the slaveholding States would believe with Mr. Lincoln that this is the cause go with them. If the border States had stood of the rebellion. It is because this flag is firm, with their arms in their hands, and told their flag, this Government their Government, these people they would not join them, but that they do this act to save the Government would aid in protecting the Union, it would from danger, and to transmit it unimpaired have had the effect to stay the rebellion; for to their posterity. the South could not be foolish enough to con- Mr. MARBURY rose to a personal explanation ceive the idea of a confederacy of the cotton in reply to Mr. Berry, of Baltimore county, States. Emancipation in Missouri and Ten- in relation to the votes given by himself and nessee is carrying the lines of the Govern- his colleagues upon the resolution of thanks ment down into the very heart of the rebel- to the Maryland soldiers, but before conlion. It brings about a condition in which cluding, was called to order by the continuance of the rebellion becomes an The PRESIDENT, who did not consider the impossibility.

explanation such as to be a privileged question. Look at the influence of voluntary emanci- Mr. MARBURY thereupon reserved the privipation upon the question of secession. Do lege of replying until some future oppornot gentlemen. know that in the mountainous tunity. region of the country, from Pennsylvania to Mr. CLARKE desired to offer an amendment Georgia, along the whole backbone of the to the amendment. Alleganies, you have a loyal population ? The PRESIDENT ruled it out of order, unless Why is this? You find a loyal population by general consent, or the reconsideration of along that territory, because they are not the order requiring the vote to be taken at slaveholding. And ihal population alone, this time. along the mountain region, extending down The question was stated upon the amendinto Tennessee, has been that by which this ment submitted by Mr. Brown. Government has saved itself. I conceive that if Mr. Berry, of Prince George's, moved a the people of the South had been united ; if reconsideration of the order by wbich the every man in Missouri, Kentucky, Tennessee, Convention determined to take the vote at and Maryland, bad been identited in feeling, two o'clock. in sympathy, with South Carolina, they could The motion was seconded by Messrs. MARnot have been conquered. I believe they can BURY and Harwood. be conquered simply because I believe those The motion to reconsider was rejected. States, by these cotemporaneous acts, are as- The question recurred upon Mr. BROWN'S serting a purpose which the Southern States amendment, which was read as follows: cannot gainsay, and from which they cannot "Add to the 23d Article the following: be drawn. It is simply saying to these people, and the Legislature shall make provision

are convinced that the institution of from the Treasury of the State for the comslavery has produced great evils, and must. fortable support and maintenance of the helplead us into the same if we allow it to con- less and paupers hereby emancipated.' tinue. As the great apostle of reform in Eng- Mr. BROWN demanded the yeas and nays, land, Cranmer, treated his own hand, when and they were ordered.



The question being taken, the result was- | three years, I have been a citizen of Maryland yeas 28, nays 53-as follows:

more than thirty, and up to the firing on Fort Yeas—Messrs. Berry, of Baltimore county, Sumter, was as strong a pro-slavery man as Berry, of Prince George's, Billingsley, Black- I am now anti-slavery. iston, Briscoe, Brown, Chambers, Clarke, Mr. DAVIS, of Charles, called the gentleman Crawford, Dail, Dennis, Duvall, Edelen, Gale, to order. Harwood, Hollyday, Horsey, Johnson, Lans- The PRESIDENT overruled the point of order. dale, Lee, Marbury, Mitchell, Miller, Parran, Mr. ABBOTT proceeded : It was not until I Peter, Smith, of Dorchester, Turner--28. found those having that great interest in their

Nays---Messrs. Goldsborough, President; charge and keeping, had abandoned all law Abbott

, Annan, Audoun, Baker, Barron, and Constitution, and staked everything upon Carter,' Cunningham, Cushing, Daniel, Da- the sword, that I made war upon my former vis, of Charles, Davis, of Washington, Earle, friends. I am here to-day by my vote to celeEcker, Farrow, Galloway, Greene, Hatch, brate a victory by the sword. The power of Hebb, Hoffman, Hopkins, Hopper, Jones, of this government is greater than they, and Cecil, Keefer, Kennard, King, Larsh, Mace, their institution for which they drew the Markey, McComas, Mullikin, Murray, Neg- sword has perished by the sword. My colley, Nyman, Parker Purnell, Ridgely, Rob- league (Mr. Stockbridge) and my friend from inette, Russell

, Sands, Schley, Schlosser, Howard (Mr. Sands) have expressed my views Scott, Smith, of Carroll, Sneary, Stirling, upon this subject as it now stands. I vote Stockbridge, Sykes, Thomas, Thruston, Val- "aye.” liant, Wickard, Wooden--53.

Mr. AUDOUN said: I believe that the men When their names were called,

who are now in front of Richmond shedding Mr. Ridgely said : If this proposition their blood for this country, demand the aid were offered as an independent proposition, in of every Union man in this State, and particits appropriate place in the report of the Com- ularly of the men of this Convention. To aid mittee on the Legislative Department, I would them, so far as I can, I cheerfully vote "aye.” vote for it. That, offered as an amendment in Mr. BARRON said. I rise for the purpose of this connection, I consider it calculated to saying that I was left by cars and steamboat, einbarrass the article; and I therefore vote and have travelled all the way here in a car

riage to vote "aye.”' Mr. VÄLLIANT said: The explanation offered Mr. ECKER said: As it is customary to by the gentleman from Baltimore county (Mr. make explanations, I will explain my vote. Ridgely) will explain niy vote.

I vote

I am not like the gentleman who signed the So the amendment was rejected.

Declaration of Independence, Stephen HopThe question recurred upon the adoption of kins, whose hand trembled a little as he the 23d Article of the Declaration of Rights, signed it--I don't know whether he was as reported by the committee.

afraid of the rope or not. I consider this the Mr. Mullikin demanded the yeas and nays, proudest vote of my life with one exception; and they were ordered.

and that was in 1832, when I voted for Henry The question being taken, the result was-- Clay. I vote “aye.' Jeas 53, nays 27-as follows:

Mr: HARWOOD said : As the sword has not Yeas-Messrs. Goldsborough, President; yet settled this question, I vote" Abbott, Annan, Audoun, Baker, Barron, Mr. KENNARD said : As a Marylander to the Berry, of Baltimore county, Carter, Cunning- manor born, I regard it as one of the proudham, Cushing, Daniel, Davis, of Washing- est acts of my life to bear my part in giving ton, Earle, Ecker, Farrow, Galloway, Greene, Maryland freedom, by voting "aye.' Hatch, Hebb, Hoffman, Hopkins, Hopper, Mr. MARBURY said : I consider this robbery, Jones, of Cecil, Keefer, Kennard, King, Larsh, and therefore vote “no." Mace, Markey, McConas, Mullikin, Murray, Mr. PETER said: As I believe that the same Negley, Nyman, Parker, Purnell, Ridgely, God who established the relation of husband Robinette, Russell

, Sands, Schley, Schlosser, and wife, and parent and child, also estabScott, Smith, of Carroll, Sneary, Stirling, lished the relation of master and servant, I Stockbridge, Sykes, Thomas, Thruston, Val- vote "no." liant, Wickard, Wooden--53.

Mr. Schley said : As an act of patriotism, Nays-Messrs. Berry, of P. George's, Bil-justice, and humanity, alike redounding to the lingsley, Blackiston, Briscoe, Brown, Cham- honor of the State of Maryland and the welbers, Clarke; Crawford, Dail, Davis, of fare of the people, I am proud to vote "aye.” Charles, Dennis, Duvall, Edelen, Gale, Har- So the 23d Article was ordered to a third wood, Hollyday, Horsey, Johnson, Lansdale, reading.) Lee, Marbury, Mitchell, Miller, Parran, Peter,

The further consideration of the DeclaraSmith, of Dorchester, Turner—27.

tion of Rights was informally postponed. As their names were called,

ADJOURNMENT TO JULY 6. Mr. ABBOTT said : I desire to say a word in explanation of my vote. Although born and Mr. STIRLING moved to adjourn to Monday living in Massachusetts until the age of twenty- morning, at 11 o'clock.



Mr: BLACKISTON and Mr. BERRY asked and As their names were called, obtained leave of absence.

Mr. Berry, of Baltimore county, said: I Mr. Brown asked and obtained leave of ab- have been necessarily absent from this Consence until July 6.

vention, not on private business for one moMr. Scott. If the gentleman will with- ment, but always on public business. The draw his motion to adjourn, I wish to offer Governor of the State, acting under the oran order.

ders of the General Government, has ordered Mr. STIRLING withdrew his motion.

my absence during next week, and perhaps Mr. Scott submitted the following order : for two weeks. I cannot tell when I may be

Ordered, That when the Convention ad- able to return to my duties. I shall therefore journs to-day; it stand adjourned till 12 vote "aye.' o'clock, M., on Wednesday, July 6th.

Mr. HOPKINS said: I think the convenience Mr. SCOTT said : I was somewhat at a loss of so many of the members depends on this to know whether it was better to call up the adjournment, that we should not have enough order on the table or to offer a new order ; to do business if we continue in session. I hut I concluded to offer a new order, which i am ready to continue here, and would not dethink will meet the convenience of a majority sert my post; but believing that we should of the members of the Convention. I think not have a quorum here, I vote “aye.'' enough members will be excused, and enough

Mr. THOMAS. Excepting at one time, I will be absent without excuse, to leave the have never been absent unless for attendance Convention without a quorum and unable to upon official business. But I am perfectly do any business I think, therefore, that we satisfied, from the disposition. I have seen on may as well adjourn, and allow our agricul- the part of members, that there will be either tural friends to gather in their harvest. My no quorum until the 6th July, or a bare quoown harvest is not pressing upon me, for I rum. . I desire upon the other sections of the have been fortunate enough to have means of Bill of Rights, and in the consideration of the gathering it without my attendance; but article upon the Legislative Department, that there are others who are not so fortunate. I there should be a full House. I am unwilling think the Convention will bear me witness to come here day after day for a week, and that I have not been remiss in my attendance have no quorum or a large number of empty here; and I make this motion to accommo- benches. I therefore vote “aye." date others rather than myself.

So the motion was agreed to. Mr. Cushing. I hope the Convention will

PERSONAL EXPLANATIONS. not adjourn until the 6th of July. I think the reason cited by the gentleman from Cecil

Mr. Cushing. I wish to make a personal (Mr. Scott,) is at the best a very poor one. explanation in reference to a statement made If gentlemen choose to take upon themselves while I was out of the House, and again the responsibility of absenting themselves and when I was in it. The gentleman from Kent leaving the Convention without a quorum, it (Mr. Chambers) assumed to animadvert upon is their business and not ours. i think it the number of years I have lived, as some would be compromising the dignity of the

reason why the arguments I presented should Convention to rote for this order upon such a

not have weight in proportion to the reason ground.

they contained. That, I would suggest, is a Mr. Daniel demanded the yeas and nays, subject for my constituents, and not for any and they were ordered.

man upon the floor of this House. If my The question being taken, the result wasm.

constituents considered me old enough and Jeas 40, nays 31-as follows:

wise enough to represent them here, I would Yeas-Messrs. Goldsborough, President; suggest that it is travelling beyond his legitiAbbott, Barron, Berry, of Baltimore county,

mate business for any member to reflect upon Berry, of Prince George's, Billingsley, Black that as a reason for diminishing the weight iston, Briscoe, Brown, Carter, Chambers, of what I said. I have not and shall not Clarke, Crawford, Dail, Davis, of Charles inquire the age of any gentleman upon this Dennis, Duvall, Edelen, Farrow, Gale, Har floor. I will not say that the gentleman from wood, Hatch, "Hollyday, Hopkins, Hopper, Kent is only fit to represent on this floor an Horsey, Johnson, Jones, of Cecil, Kennard, evanished past. If his constituents think him King, Lansdale, Larsh, Lee, Mace, Marbury, of a suitable age to represent them, I will give Mitchell

, Miller, Murray, Parran, Peter, Pur- full weight to all the arguments he may preuell, Ridgely, Scott, Smith, of Carroll, Smith,

sent. of Dorchester, Sykes, Thomas, Turner--48.

My friend from Baltimore county (Mr. Nays-Messrs. Annan, Audoun, Baker, Berry) thought proper to charge me with inCunningham, Cushing, Daniel, Davis, of consistency, as the remarks of the gentleman Washington, Earle, Ecker, Galloway, Greene,

were reported to me, because while a proHebb, Hoffman, Keefer, McComas, Mullikin, slavery man, I thought the fugitive slave law Negley, Nyman, Parker, Robinette, Russell, ought to have been resisted in the streets of Sands, Schley, Schlosser, Sneary, Stirling, Boston, and said that were I a citizen of MasStockbridge, Thruston, Valliant, Wickard, sachusetts, though it had cost me my life, I Wooden-31.

would not hare stcod bg and scen that man dfr. Niiller. I have a personal explanation eenthetek 10 slavery aftr having travelled also to make. The gentleman from Baltihundieus of niles to gain it. Whatever may more county (Mr. Berry) has made some albe ihe inconsistency of that, I have not been lusion to the vote iliat was taken on the 12th so inconsistent as io both admit that slavery of May, 1864, on the resolution offered by Vus wrong and that I was a slaveholder; or the genileman from Baltimore. that the law making slavery was wrong iu Resolved, That this Convention tenders its inception, but that I would assist in up- The thanks of the State to the soldiers of maholding it on the borders of a free State and Irland in the army of General Grant, for the making that a hunting ground for slaves. gallant manner in which they have behaved

The gentlenian from Prince George's (Mr. during the recent battles, and that this ConClarke) will an assumption not warranted vention expresses its deep sympathy with the either by his years or by his wisdom, has fire- tanilies of the slain, and for the wounded in sumed io speak as if my youth was such that their sufferings.' I had barely left the parent nest. I would I voted, sir, upon that resolution, on that call the attention of this Convention that his occasion, contrary to the majority of the genexperience covers a period of not quite sixty tlemen with whom I have uniformly acted days. That full-blown statesman has come since I have been here, and for this reason. I here after an incubation of about sixty days; did not regard voting for the resolution aşan and one would suppose that he had been con- indorsement of the war or the policy upon sulted in framing the Declaration of Indepen- which the war is wnged. I can vote at any dence, and the Constitution of the United time. thanks to the gallantry of Maryland Stutes, and had been in public life from that men, displayed in the field of battle and did time to this. I thought perliaps the genule so in this case without approving of the policy man from Prince George's might have sate at of the war in which they are engaged. The the feet of my colleagué (slio. Stockbridge) concluding part of the resolution, expressing during the last session of the General Assem- sympathy with the families of those who have bly of this State, and so live learned from fallen, I would vote for under all circitahim, but my colleague was unfortunately stances. born upon the lared soil that produced such My views are just these in regard to the iniquitous anti-slavery men as Jay, Everett, war; that if prosecuted at all it should be Alexander Hamilton and Franklin, and the waged as the Crittenden resolution declares chivalrous member from Prince George's (Mr. for no purpose of conquest or subjugation, or Clarke) could not stoop to study in that to overthrow or interfere with the rights of school. Moreover, the lengthy Latin quota- any man under the Constitution, but to detion paraded in the gentleman's speech proved fend and maintain the supremany of the Conduring its utterance that such pronunciation stitution and to preserve the Union with all and scanning could not have been learned in the dignity, and equality, and rights of the any New England school. I thought per- several States unimpaired; and that as soon haps the gentleman might have supposed as these olujects are accomplished the war was not capable of expressing my views upon should cease. I think if the war is now prosthe floor of this House, because I had not been ecuted for any other purpose, it has changed like him engaged in the trial of those cele- its character. By voting for that resolution brated cases which have made his name I did not approve of the war much less inalready so famous, that it will be doubtless dorse ihe policy upon which it is now conquoted as authority by all generations yet to ducted.

Mr. CLARKE. One word in reply to the In conclusion, I have but to say that I am personal matter of the gentleman from Baltihere to represent a constituency that thought more city (Mr. Cushing.) The gentleman me old enough and wise enough to come here. misunderstood me; for I did not intend to if gentlemen can bring. any arguments to comment either upon his years or his legisladisprove anything I advance, I shall be de- tive experience, when I pronounced him a lighted to hear it. If they can utterly over- "fledgeling?' in his constitutional law. I throw any propositions I may advance, they leave ihe judgment of posterity to pass upon will be heard by uone more gladly than by that, upon my views as spread upon the Jour. myself. It shows the inherent weakness of nal of Debates. thie cause they attempt to defend, when not On motion of Mr. MILLER, touching the arguments, not denying the The Convention adjourued to meet under facts, they attempt inerely to slur it over by the order previously adopted, on July 6th, at an allusion to my youth.

12 o'clock M.


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