Delaware State reporter., 1853-04-26

city of Wilmington shall not be allowed num-
Der of Senators and Representatives exceeding
two-fiiths of the whole number of Senators and
Representatives in all the districts within the
limits of New Castle county, or exceeding one
sixth of the whole number of Senators and
Representatives in the State.
My next amendment is to insert after Section
81, the following additional sections:
SEC. %. The Legislature shall have no autho-
rity to emancipatc slaves without the consent of
the owner or owners.
SEC. %. No free negro or mulatto, not now
an inhabitant Of the State, orwho shall hereafter
leave the State with intent to change his resi-
dence shall, after the adoption of this Consttu-
ton, settle in this State, or come into and
remain within the State more than ten days.
4 All contracts made with any free negro or
mulatto coming into the State contrary to the -4
provisions of this section shall be void and any,
person who shall employ such free negro or
4 mulatto or otherwise encourage him to remain
in the State, shall he fined in sum not less than
twenty nor more than five hundred dollars.
SrC. "a. All fines which may he collected for
n 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 be set apart and appropriated for
the colonization Of such free negroes and mulat-
toes as may be inhabitants of the State at the
adoption Of this Constitution, and theirdescend-
ants who may he willing to cmigratc.
SEC %. The Legislature shall pass laws to
carry out cflcctuully the provisions OF the
twcnty-tliird and twcnty-tourth sections Of this
article.
Mr.. BURTON. wish to have a vote taken OH
those amendments separately. Some of thrNa
| should like to vote for; others | cannot vote
for. | move, therefore, that the question be
taken separately on each amendment.
Mr.. BAYARp 1t seems to me that it is nI-
possible to separate the details of the plan The
only mode in which they can be touched is for
for amy gentleman, whothinks they are improp-
; crly arranged, to offer his amendments and take
the sense of the body upon them. do not
+ object to any revision of the details, provided
+ YOU adhere to the district system, and to the
nrincllcs of representation i'll proportion TO
{ population. That seems to me to be much the
!; wiser course because if you were to reject one
!. clause of the details it would disaiiangc the
n plan: but by amending the details, you may
o arrive at the sense of the body without taking
II a separate question AS an illustration, let us
II take the case Of the first district. 1t is pro-
S poScd, in my amendment, that the first district
II shall consist of the Hundreds of Nanticokc,
G. North West Fork Broad Greek, and Little
" Creek, in Sussex. Suppose that were put to a
10 separate vote and voted down, ii would destroy
/ the whole arrangement. The proper mode
8 would lie, for any gentleman dissatisfied with
,c that district, to move TO amend 1t, and to
le arrange the other districts in such way as to
III
lc mode in which to arrive at a result.
lc Mr.. BNroN. have no objection to that
10 course being pursued. wish to vote for some
of thc amendments but | cannot vote for
OF others.
Mt Mr.. BAYARD. presume that the first qucs-
lc ton will, as matter of course, be on my first
as amendment, which relates simply to the qucs-
! tion Of representation.
Of Nh BrRroN. withdraw my motion.
as The CilARMAN. Is the committee ready to
Of vote upon the amendments!
ne Mir CoRnIT. prefer that the question should
II be taken on the amendment of the learned gen
,re tlcman from Wilmington, by paragraphs. |
no fully agree with him i'll regard to the principle
rs of representation i'll proportion to population
he but have my doubts, in reference to the accu-
nv racy of the districts which he has laid out.
ry hope tic vote will I've taken separately OH the
on first paragraph.
lat Mr.. BAiARD. | presume the amendment IS
if divsible into parts, both to the principle and
ct. the number Of which the Legislature shall con-
he sst. If the object of the gentleman is to take
on the vote first on that part of the amendment
on which proposes to fix the number of the Lcgis-
wo latulc, it is well enough That is distinct
ion part of the amendment, which is capable OF di
ler vision: but the remainder Of it cannot be dyi
be ded because, if you district under any number
all YOU must necessarily district the whole State
ms and YOU cannot vote down the arrangement pro
lch posed for one district without destroying thu
!, il residue.
hue MIR. CoRwr II does not necessarily follow
the that because we fix certain number for tin
ich Legislature, the districts must be divided i'll th
not manner proposed by the amendment Of tn
ted learned gentleman from Wilmington.
Mr.. BAYARp. | have no objection to taking
re- the question separately on the first paragraph
the for that can be very well separated from the re
maindci of the amendment, but do not sc
ELL how you can divide the question on the residu
Of it.
the Mr.. CoRBIT. | move that the question b
TO first taken OIL the first paragraph of the amend
ore, mcnt.
ella Mr. BAYARD. | have no objection to the mo
scrt ton. ! suppose the rules of all dcliberativ
bodies are that those portions of an amcndrncr
en- capable of division, may he divided, if the bod
ars. see fit so to ORDER because you cannot divid
Of that which is incapable of division. 10 conten
ted for this position would be an absurdity. 1t
INTO well enough to take the sense Of the commttt
cts, separately on the first paragraph ofmy amend
nali mcnt If adopted, it would determine tW
ulS- questions first, the number OF which the legl
laturc shall consist, and also the number
%cus % districts into which the State should be div
''i'u ded.
mn. The motion was agreed to.
The CHAIRMAN. The question will be on II
reds first paragraph Of the amendment of the homo
able delegate from Wilmington, which is to stril
Tun- out the provisions i'll the report, in relation
Senators and Representatives, and insert:
reds The Senate shall consist of seventeen mer
Gn berS, and the Senators be chosen for four year
The House of Representatives shall consist
lrcd thirty-our members, who shall be elected bic
nally. The State shall be divided into ilte'
Iun- districts, to be called Senate districts, and
district, except the first and fifth, shall choo
lrcd one Senator, and the first and fifth dstric
shall each choose two Senators.
reds Mr.. SMITH. | shall be compelled to vo
against this amendment. 1t proposes lare
iuh number of the Legislature than think is ncct
10 sary.
~ Mr.. BATEs. That is my case.