Mr. EDELEN. I was not aware of that, but | is but respectful and proper that every quessupposed it had been rejected. Now one word in reference to what may be said about the hardship of this thing. That argument, it seems to me, is entirely met by the framer of this article when he provides that "All fines which may be collected for a violation of the provisions of this article, or any law which hereafter may be passed for the purpose of carrying the same into execution, shall be set apart and appropriated for the colonization or removal beyond the limits of the State, of such negroes and mulattoes and their descendants as may be in the State at the adoption of this Constitution, and may be willing to emigrate." tion of this sort should go to a committee, especially as all other questions have gone to committees as a matter of reference; and I will vote to refer this, as I shall vote to refer any other proposition not disrespectful to this body. I now call for the previous question. Mr. ABBOTT asked the gentleman to withdraw the call for the previous question for a few moments. The demand for the previous question was accordingly withdrawn. Mr. ABBOTT. I did not intend to offend the gentleman from Prince George's (Mr. Clarke) by doubting his, I do not know what to call it hardly-in offering his order yesterday. There is not one word of compulsion in the After, however, listening very attentively to article proposed to be incorporated into the the debate of yesterday, I heard but one reaorganic law of the State. I think that al- son given by him why he wished this order though gentlemen from Baltimore city and to be referred to a committee. That reason. other parts of the State may not be so deeply was the great danger to which his constituinterested in this matter, as those of us are in ents would be subjected, of being overrun by other parts of the State, yet we established a this class of persons, and the great destrucprecedent yesterday, in reference to the sale tion which, in his imagination, would follow. of real estate, and the action of Courts in re- Now, if that be the case, I certainly have no lation thereto, which should govern us here. objection to the committee examining into Though in my judgment that was entirely and the subject. But I also wish to include other purely a question of legislation, and not pro- persons from whom we are liable to danger. per to be incorporated into the organic law, I submit to the gentleman himself if there is yet it was determined by a majority of this not more danger to be apprehended from the Convention that it was a proper subject to go class of people included in my amendment to a committee for their consideration; and than there is from the negro. While the although gentlemen here may dissent from negro might steal your sheep, the other would · the views set forth in this proposition of the steal your horse; while the one might take gentleman from Prince George's (Mr. Clarke) the life of a chicken, the other would take I think they should at least permit this order the life of your wife and child; while the one to go to the appropriate committee for the ne- might steal a fence rail, the other would burn cessary consideration and reflection. I am down your house. I ask the gentleman if myself serious about this thing, and just as that has not been the experience of people in much in earnest as the gentleman from Prince the territory that has been under the control George's, although the gentleman from Balti- of the class of people to which my amendmore city (Mr. Abbott) has sought to engraftment refers. Now do not let us trifle with a upon it an amentment not at all germain to it. small matter, when there is one so much Mr. DANIEL.. I rise not for the purpose of greater in which we are all involved. prolonging this discussion, but to bring it to a close. I am willing that this subject, as well as every other, should receive proper consideration. But it does seem to me that this is not a time to go into the merits of this question. I am free to say that I am opposed to the principle embodied in the proposition of the gentleman from Prince George's, and shall oppose its adoption when it comes to a vote, and may then have something to say upon it; but at this stage it is merely making a long discussion which must all be gone over again at another time, for whether this is referred to a committee or not, as the gentleman well says, he has the right to offer it by way of amendment, and then this discussion must necessarily be all gone over again; and then is the proper time to discuss it, and not now. I have therefore risen to move the previous question, in order to stop the debate at this time. I will say further that I intend to vote for this reference to the committee; I think it I say that we in Baltimore city are in no danger from this influx of labor. The gentleman may apprehend danger in his county, but we do not. But we do feel that there is danger to be apprehended from the influx of the very class which I include in my amendment. If the gentleman will permit my amendment to go with his proposition, so that the whole question may be considered, I am perfectly willing to have it go to the committee. I did not intend, however, to say or do anything to bring up a discussion of this matter at this time. I simply desired to get the whole matter before the committee. Mr. CLARKE. If the incorporation of the amendment of the gentleman from Baltimore city (Mr. Abbott) into the organic law of the State of Maryland will effect what he desires, I may possibly vote for it. But as I think that has become a matter to be determined by the sword rather than by the Legislature, I am perfectly willing to leave it to be determined by that sword which those in authority have determined shall pass upon it. But if the gentleman insists upon his amendment, I will move to add to it these words-" or any one now living north of Mason's & Dixon's line,' so as to get rid of both extremes, the disunionists of both sides. Mr. JONES, of Somerset. I do not desire to enter into any argument upon this matter. I rise merely to express my amazeinent at the manner in which this proposition has been met here. It is to me most extraordinary that gentlemen will talk as they do concerning excluding free negroes from Maryland, as if they were profoundly ignorant of the fact that for at least a quarter of a century past, that has been the settled law and policy of this State. Why, sir, more than thirty years ago the evils of the free negro population had so grown upon the public mind that a law was passed prohibiting the increase of that population in Maryland by the manumission of the slaves then in the State. And more than a quarter of a century ago, a law was passed prohibiting the very thing which the gentleman from Prince George's (Mr. Clarke) now proposes for the Convention to consider. He proposes no new subject for consideration. It is merely the question whether the settled policy of the State for twenty-five years past shall now be abrogated, the doors be thrown wide open, and the State of Maryland be made the receptacle for all the free negroes of the North. That is the question; whether this Convention will submit to the people of Maryland a Constitution which shall take away these barriers, and notify them that it is to be their fate to be overrun by this class of persons? I was not aware, before this discussion arose, that there was any idea on the part of anybody in this State to open the doors to the admission of the negro population into this State. I have never met the first man in the section of the State where I reside, nor in my intercourse with gentlemen from other parts of the State, who proposed to open the door and let all the free negro population of the country come and settle in Maryland if they choose. I merely desired to state these facts, not to enter into any argument upon the subject. Mr. SCHLEY. I deplore very much the character of the amendments which have been offered to this proposition. For my own part I am very willing, as I have stated before, to submit the proposition of the gentleman from Prince George's, (Mr. Clarke) or any other proposition deserving consideration, to their respective committees, and shall be happy at all times to favor such reference. I arose, however, for the purpose of suggesting an amendment to the original propo | sition, which, since this debate has occurred, I supposed would not only be acceptable to the gentleman from Prince George's, but would entirely neutralize any supposed par tizan purpose that he or any other gentleman might be imagined to entertain upon the subject. My amendment relates to the very first section of his order, and is only meant to include what I understand he has expressed a willingness to accept. That first section now reads: "No free negro or free mulatto shall come into or settle in this State after the adoption of this Constitution." I propose to add to the section these words: "Unless such free negro or mulatto be a Federal soldier, engaged in the military service of the United States, or comes into this State by the authority of the same." Now so far as the settled policy of this State is concerned, to which reference has been made by the gentleman from Somerset (Mr. Jones) that policy is not necessarily obligatory upon us here. We are here to consider, and to alter or amend as we may think best. In regard to the political questions to which this matter has given rise, I do not desire to meet them now, and do not desire at any time to refer to them. But I shall content myself with offering this amendment, which I trust the gentleman will accept. Mr. CLARKE. I am perfectly willing to accept the amendment; but I must say I thought no such provision was necessary, or I would have put it in my own draft of the proposition. I considered that of course any person in the service of the United States would have the right to go through this State. Mr. SCHLEY. I am aware of that, but that right might be contested. Mr. CLARKE. I have no objection to accepting the amendment. The original order was modified accordingly. Mr. MARBURY. I desire to make one remark before this vote is taken. I have a single suggestion to make to the mover of this order. I approve of this order almost entirely; but I would like the gentleman to except from its operation negroes who may have left this State. There are a great many slaves who have gone off. If this Constitution shall abolish slavery in this State-if there is anything of that kind contemplated, which I trust there is not, for I cannot conceive that any sane man would ever seek to have that done-but if it should be done, I ask the gentleman to except negroes who may have left this State, and may be freed by this Constitution. I do not understand exactly whether the negroes who have left the State will be considered as having lost their residence here or not-those for instance who are now in the District of Columbia, and there are a great many there from all parts of the State. If they are to be considered as not having lost their residence here, then there will be no necessity for the amendment I propose. Now I want to pro vide that those negroes may come back. | are simply these: this person was a gentleman The characters of those who have left the who had previously discharged certain duties State are pretty well known in the neighbor- as a page for the House of Delegates, how efhoods where they formerly lived; we know ficiently it is not necessary to state. He came those among them whom we can trust, who here, as I understand it, from his home in would not be such burdens to us as others some remote corner of the Eastern Shore of would; who are not such rogues as might the State, I do not know where, for the purcome from other States. The negroes con- pose of procuring the same position in this gregated about Washington I have no doubt body. While here, on that electioneering are the worst of the whole South; they are tour for himself, hardly discharging the duthose who run away from their masters in ties of a page, but as a part of his general time of trouble, and all of that sort, and I plan of electioneering, he performed for a day do not want any such class in this State. or two, some of the duties of a page. Not But we know the character of those who being successful, I suppose, he returned home, have gone out of this State, and I want them as we have not seen him here since. This is to have the privilege of coming back. an order to pay him his per diem and mileage, amounting to some $50 or $60, on this excursion relating to his own business and not for the purposes of this Convention. Now if he is to be paid, there are several others in the same category; those are, some from Washington county, one from Carroll county, one from Baltimore county, and I do not know how many more; and after we have paid them their mileage and per diem for excursions relating to their own business, the Convention will find that they have wasted quite a large sum of money. I do not think it just to do that, and therefore I move that this or Mr. STOCKBRIDGE called the previous question, and, the call being sustained, the main question was ordered to be put. The question was stated to be upon the amendment of Mr. Abbott. Mr. CLARKE. I understand the gentleman from Baltimore city (Mr. Abbott) will accept my amendment to his amendment. Mr. ABBOTT. Yes sir, I accept it. Mr. NEGLEY. I hope the gentleman will not accept that amendment. I want to vote for his amendment, but I cannot vote for the other. The amendment as modified was then read der be reconsidered. as follows: Mr. ToDD. I have no objection to the reconsideration of that order. I have no per Insert in the proper place the words: "Or any person who sympathizes with the rebel-sonal interest in the question, whether it lion of the Southern States, or any one now llving north of Mason's & Dixon's line." Mr. ABBOTT called for the yeas and nays upon the amendment, but they were not ordered. The question being then taken, the amendment was not agreed to. The question then recurred upon the original proposition offered by Mr. Clarke, as modified upon the suggestion of Mr. Schley, to except soldiers in the service of the United States. Mr. CLARKE called for the yeas and nays but they were not ordered. The question being taken the order was adopted and referred accordingly. * Mr. STOCKBRIDGE. In accordance with notice given by me on yesterday, I now move to reconsider the vote of yesterday morning by which the Convention directed payment to be made to Thomas J. Corkran, for services alleged to have been rendered as a page. The PRESIDENT. Did the gentleman vote in the affirmative? Mr. STOCKBRIDGE. I voted in the affirmative for the especial purpose of making this motion, and I wish to explain my reason for making it. I do not make it because of the amount of money involved in that order alone; if that was all that was involved I would not trouble this Convention with this motion. But the facts, as I understand them, passes or not; but I understood from my colleague, (Mr. Noble,) who is absent from his seat to-day, that this gentleman came over here with the understanding that it was his duty to come and assist here until the Convention was regularly organized, and that understanding of the matter led me to offer the order which I did on yesterday. I offered it however, not for the purpose of having a direct vote upon it by the Convention, but for the purpose of having it referred to the Committee on Accounts. I made that.motion to refer, but the President decided that it was unnecessary, and I withdrew it. If the Convention resolves to reconsider its vote of yesterday, I shall then renew my motion to refer the subject to the Committee on Accounts. Mr. MILLER. I see by an examination of the journal of Wednesday of last week, that there was a precisely similar order passed there to pay a party who had been temporarily discharging the duties of page, the per diem and mileage allowed to permanent pages for the number of days he rendered service. The party was named Alfred Miller. Now, if the gentleman in whose favor this order is offered did actually come here, whether for the purpose of getting an appointment from the majority or not, and actually discharged these duties when there was nobody else to discharge them, and we received the benefit of his services, I think he ought to be paid just as the other was. Mr. SMITH, of Carroll. I do not know anything about the merits of this particular case. But I know it has grown to be the common practice in the Legislature of this State for all the old employees to return here at the opening of the succeeding session and to remain until the House is properly organized, and it has been the invariable practice to pay them per diem for the days on which they have been employed, and to pay | them their mileage also. So that these gentlemen came back here when this Convention met under a precedent for a great number of years, with the positive expectation that they would receive their per diem and mileage. It is no objection that this young man made an unsuccessful application to be retained here. The same application, but more successful, was made by some of those now employed here. It seems to me unjust to deny this to this young man, when a similar order has been made for another This practice, to my certain knowledge, has been established in the Legislature since 1856, and this young man had a right to expect that he would be paid. It took him two or three days to come here, and as many to return, and all his expenses will hardly be repaid by the sum this order appropriates. Mr. SMITH, of Carroll. The same as is given to persons who come from that county. Mr. KING. Does the person appointed permanently to that place receive mileage also? Mr. STOCKBRIDGE. Certainly. It would make no difference to my mind whether this was a precedent for a century or for a year. But my understanding of the precedent is different from that of my friend from Carroll (Mr. Smith.) It has been customary for the clerk of the previous Legislature to come at the opening of the session of a new Legislature, and it has been sometimes the custom for the Sergeant-at-Arms to come; that, I think, is the extent to which the custom has gone. any services to members here. But when a person comes here merely upon an electioneering tour, does nothing but electioneer, and really renders no service to us, it seems to me it would be wrong to compensate him for his trip from the Eastern Shore, amount My attention was not directed to the case of the page from Washington county at the time, or I might have made the same objection to it. I was aware of it when I made my motion this morning, but I presumed the payment had been made and it was too late to interfere. But there is a great difference in the two cases. The one now under consideration really rendered no service, and was here but two days. The other, at the request of the President of the Convention, and in the absence of the regularly appointed pages, remained here some two weeks and discharged Mr. NEGLEY. There is a little difference the duties of page. Now I am in favor of between this case and the one from Wash-compensating fully any one who has rendered ington county. The page from Washington county did actually render services in the Convention as a page. In connection with one who is now a page, he rendered all the services of page which were rendered until the permanent pages were appointed. If the gentleman from the Eastern Shore of Mary-ing to quite a sum. land, who is the subject of this order, came here and actually rendered services to the Convention in the capacity of page, it is certainly no more than right and just that he should be paid. The Convention should not ask or receive the services of anybody without rendering a proper consideration for them. The question of mileage is to be determined by the proper authority, but it is a small matter any way. As the gentleman from Carroll (Mr. Smith has said, it has been a precedent for years past in the Legislature, and I have no doubt the man came here honestly satisfied in his own mind that it was his duty to come; and if so, I do not think we should make an exception to the rule, although the Convention does not stand in the same category with the Legislature, and strictly this custom might not apply to it. Still it is not a very great matter, and I do not think an exception should be made now. Mr. SMITH, of Carroll. He came here on Wednesday, when the Convention met, and left when the Convention adjourned on Thursday; so that he was only two or three days here. Mr. STOCKBRIDGE. mileage amount to? How much will his Mr. TODD. I think the gentleman from Baltimore (Mr. Stockbridge) is mistaken when he says this person rendered no services to the Convention. He was here, occcupied the position of page, and, according to my recollection, did render services to members of this body for two days. He came here, as he stated to my colleague (Mr. Noble), under the impression that it was his duty to come. | I have no doubt he desired, if possible, to obtain the appointment as page. But others did the same; I have no doubt the one from Washington county, who was remunerated for his services as a page, came here to secure the appointment, if possible. That, however, does not, in my opinion, militate against this claim at all. Mr. MAYHUGH. If this order is adhered to, I shall be under the necessity of offering an order in favor of another person, who was at the expense of coming here, because he was under the impression that it was his duty to come here and act as door-keeper until one should be appointed. Mr. ECKER. My impression is that the Legislature passed an order that these officers should come here and perform their duties until permanent officers were appointed. ORDER OF THE DAY-BILL OF RIGHTS. The PRESIDENT announced that the hour had arrived to proceed to the consideration of the order of the day, being the report of the Committee on the Bill of Rights. Mr. SMITH, of Carroll, moved that the consideration of that report be postponed to Monday next, and that it be made the order of the day for that day, at 1 o'clock. The question being taken, the motion was agreed to. THOMAS J. CORKRAN-RESUMED. The question recurred upon the motion of Mr. Stockbridge to reconsider the vote by which the Convention directed that mileage and per diem be paid to Thomas J. Corkran for the number of days during which he temporarily discharged the duties of page to this Convention. The question being taken, the motion to reconsider was agreed to. his services being already employed by several Standing Committees, and that he be detailed on the Committee of the Treasury, Basis of Representation, Education, and Future Amendments to the Constitution. Mr. THOMAS. I would inquire if the chairmen of those committees desire the appoint-· ment of another clerk? Mr. NEGLEY. As the chairman of the Committee on the Treasury, I would say that I have had no clerk at all, and as a member of the Committee on the Basis of Representation, I can say that that committee has had no clerk. I have conferred with the chairman of that committee, (Mr. Abbott,) and he desires to have a clerk. Mr. ABBOTT. I would simply state, that although we have had a great many meetings of our committee, I have not yet been able to find a clerk, and the gentleman from Cecil county (Mr. Pugh) a member of that The question then recurred upon the adop-committee, is now performing the duties of tion of the order. clerk to the committee. The gentleman re On motion of Mr. TODD, the order was re- ferred to in this order has kindly offered to ferred to the Committee on Accounts. MISCELLANEOUS. On motion of Mr. TODD, Ordered, That it be entered on the Journal that Mr. Noble, of Caroline county, is detained from his seat in this Convention by indisposition. On motion of Mr. GALLOWAY, Ordered, That it be entered upon the Journal that, if Mr. Galloway had been in his seat on Friday, the 13th inst., he would have voted in the affirmative for the resolution submitted by Mr. Stirling tendering the thanks of the State to the soldiers of Maryland in the army of Gen. Grant. Mr. THOMAS submitted the following order: render any assistance we might need, and I have got him to draw up several papers for the committee. I do not know whether the House is so overburdened with clerks that they need no more. If so, I do not know where they are, for none of them ever come to our committee-room. The PRESIDENT. If the chairman of any committee will notify the President of any delinquencies upon the part of any of the officers of the Convention, he will at once call the attention of the Convention to the subject. Mr. ABBOTT. I do not desire to be understood as reflecting upon any officer; such was not my intention at all. Mr. CUSHING. I will state that the Com Ordered, That the Committee on the Legis-mittee on Education has had no clerk. lative Department be requested to inquire into the expediency of engrafting a provision in the Constitution exempting an amount to the value of $500 (five hundred dollars) of a debtor's property from execution. Mr. CLARKE, And the Committee on the Tenure of Offices has had no clerk. Mr. THOMAS said: I will state in relation to this order that, by reference to the Constitution of Maryland, adopted in 1851, it will be found to contain a provision conferring upon the Legislature power to exempt, not exceeding $500. That provision was not acted upon until 1861, when the Legislature passed an act exempting $100 instead of $500. All I desire is to have this order referred to the appropriate committee, in order that they may inquire into the expediency of incorporating in the Constitution a provision exempting this amount, and not leave the amount to the decision of the Legislature. The order was referred accordingly. ADDITIONAL COMMITTEE CLERK. Mr. Negley submitted the following order: Ordered, That J. W. Garmong be added as an additional committee clerk, pro tempore, Mr. PUGH. I have been acting as clerk to our committee ever since its first meeting. Mr. BERRY, of Prince George's. I would inquire if the member intends to claim extra compensation. [Laughter.] Mr. DANIEL. There are so many committees that are said to have no clerks that I would inquire what our clerks are doing, and where they are. I have been on several committees, and I have seen no clerks. It does seem to me that the clerks appointed here have not been about doing their duty. I must vote against this order, unless I can see some necessity for it. The gentleman named in this order is a very worthy man, and I should like to see him employed here, if there is any necessity for it. But I do not believe there is work for the clerks we now have, even if they attend upon the committees. is It not here like it is in a legislative body, where a great many bills have to be drawn, and much work of that kind to be done. |