Delaware State reporter., 1853-04-26
EDITION-DoyER TUESDAY AIIL 26 S58-FIVE O'CLOCK, p M

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the last year Of that term an inhabitant of the
county in which he shall he chosen, unless lie
shall have been absent on the public business of
the United States or of this State.
No person shall he a Representative who
shall not have attained the age Of twcnty-three
years, and have been Il citizen and inhabitant
of the State three years next preceding the
first meeting Of the Legislature, after his clec-
ton, and the last year of that term an inhabi-
tant of the county in which he shall be chosen,
unless he shall have been absent on the public
business of the United States or of this State.''
My amendments thon nprocccd:
The Legislature at its first session after the
returns of the next census Of the United States
are made, and also after the returns of each
succeeding census are made, shall re district
the State in single Senate Districts, each to
choose one Senator aud two Representatives,
and each district shall contain as nearly as may
be an equal number 0ffinhabitants, and sSlall
consist Of convenient and contiguous tcrritory
and the districts so established, shall Remain
unaltcred until the next succeeding census re-
turns are madc.'
next propose to strike out all of the nine
tcenth section after the word /" title" Where it
first occurs, in these words:
'' And no law, or section Of law. shall be
revised, amended or repealed. by reference to
law unless it be read on three different days
Of the session in each House, except that bills
introduced within the five last days of the scs-
sion may be read twice in ono day. thrcc-fourths
of the members Of the House, ,,wherc such bill
is pending, concurring thcrein.'
And insert:
g And no bill shall he passed unless by the
assent of Il naiorityiof all the members elected
to each branch ofthe Legislature aud the ques-
ton upon the finalpassagc shall be taken inme-
diatcly upon its last reading, and the yeas and
nays entered on the iouriitl.''
This amendment docs not connect itself with
the others but on going over the report, it
struck me that this provision would be much
more advisable than that inserted by the COM
mittcc. 1t is y natter however, to which at
taclf no great Importance My third amend
mcnt is to add the following additional sections
after section 81.
SEC. -. The Legislature shol have no
authority to emancipatc slaves without the con
sent of the owner or owners.
SEC. %. No free negro or mulntto, not now
an inhabitant of the State, or who shall Ii re
after leave the State with intent 10 change his
residence shall, after the adoption Of this Con-
stitution, settle in this State, or come into and
remain within the State more than ten divs.
All contracts made with any free negro or mu-
latto. coming into the State contrary to the
provisions of this section, shall be void; and
any person who. shall employ such free negro
or mulatto, or otherwise encourage him to
remain in the State, shall be fined in sum not
less than twenty nor more than five hundred
dollars. !.
SEC. 2i. All fines which may be collected
for a violation Of the provisions of the preceding
section, or of any law which may hereafter be
passed for the purpose of carrying the same
into effect, shall he set apart and appropriated
for the colonization of such free negroes and
mnlattocS us may he inhabitants of the State at
the adoption of this Constitution, and their de-
sccndantS, who may be willing to en,igratr
SEC. 25. The Legislature shall pass laws to
to carry ont citcctually the provisions of the
twcnty-third and wenty-fourth sections of this
article
These are the amendments, Mr.. Chairman,
which | propose to this report, and have some
remarks to make upon thcm--and Shall be as
brief as possible and hope to show that they
are required by principle; and that in the prac-
teal application of the principle, have cndca.
vorcd TO submit plan which certainly cannot
be met with the objection that it is done with
party view or that it works injustice to any
part of the State.
Mr.. Chairman, take it for granted that no
man in this asscmbly-no man in the State of
Dclaware-will for a moment, deny the prin-
ciplc, that Mc grcm bass Of a republican goccyR-
mcm is, that ewrg .tiremqn stands in the commit
NaY uM cgna cirH and politicR 13ghts. 1t is
on this basis that YOU have determined to aban-
don all property qualifications for office. 1t is
on this basis that you refuse to require the pos
session Of land or other property as a requisite
to cnttlc n man to vo.c. You cannot retain
republic on apy other ground 1t is an axiom
or a posulate which cannot he denied among
a republican people; that every freeman is
entitled to equal civil and political rights with
each, all and every of his fellows. II this plin-
ciplc be true, can any gentleman give me n
reason why it should not prevail throughout, as
well in reference to the very highest right of
all, the right to be represented, as to the mere
right of voting personally! May not trust to
the sense of justice of the members of the Con-
vcntion May not trust TO those republican
principles which presume every man in the
Safe Of Delaware, without regard to the party
to which he may belong, or the part of the
State in which he resides, would always wish
to uphold?
May not hope that my proposition will COM
mand approval if, in the practical application of
the principle, have not erred in the plan which
have submitted! Of course have no scruplcs
about revising the plan in any mode which suits
the Judgment of the body, provided the pIinci-
pie is adhered 10.
Sir, the origin of the present inequality in the
traced. When the present states of this Union
existed as colonies of Great Britain the repre-
sentative principle prevailed but the doctrine
Of the right of the people to self govcrment-of
the equality of men, individually, without re-
gard to the possession of property, both as to
their civil and their political rights-was not adj
mitted before the Declaration Of independence.
hope it will not be denied now. During the
Colonial Government, under royal charter, the
present State Of Delaware was divided into three
counties, and there was arbitrarily allowed
certain equal representation to chcOu,hy. But
even then, the intention was equality in propor-
ton to population because, at that time, the
counties of this State were very nearly equal in
regard to population, Even as late rs the year
1870, when the first census of the United States
was taken, the county of New Castle had but
1000 or 5000 more than either of the other
counties. At the time of the local division of
the colonyinto counties, the county of Sussex had,
according to historical statements, a majority
of population over any other of the three lower