Delaware State journal and statesman., 1862-04-01
Communicated
N'7IflII lII0FIlIN7IIFli
Emancipation in Delaware"
FElEsD EcEEL;

FRIEsD EcEKL;
Before | pay my respects to
" Delaware ! beg to conelade my argument on
the Emancipation hill ! nattcr myself that
have clearly shown tue unconstitntionallty 0.
that bill.
/. That "privatc property" Sanuot be
taken" by Congress, nor by the Legislature, only
for the pubic use, without consent of the owner
unless it he by :" due process of law"
:. That this " due process Of law" mpans
and has been uniformly held to mean, "hy legal
proceedings"
3. That the Legislature cannot take private
property for mere ornamental purposes, only
for pubic :" use" and enjoyment
A. That " the Legislature caun0t enancipate
slave against the will and consent of the own
eri" aud ii the Legislature cannot elnauci pate
Oae slave without such consent. much less can
the Legislature emancipate all tho slaves in the
State and set them free, against the consent OF
their owners.
am not, Sir, an apoloeisl for slavery, either
on the principle Of the ytge dirmO, or "diyine
right nor upon the policy or exp litncy of the
" institution" repeat, nm in favor of
gradual emancipation :" and believe II would
be better for the interests of the people al this
Stato-as II matter of sound poicy-layiug the
morality of the qucston-in the GOnnexion of
slavery with this infamous rebellion entirely
out OF view, it Delaware were an free stale
But we are considering this Emancipation bill in
"A legal aspect.
Both "Libcrtas' aud Hn lave run oil uto
the q side issue as TO the morality of holding
property in man" We are not now called
upon to discuss this question but to ascertain
what constitutional and legal rights the owners
OF slaves have to such property | aver and
maintain, without the possibility Of successful
contradiction, that by the Constitution and laws
Stntpg n nu % ha luN nj
the State of Delaware, slaves ARE recognized as
property, although, true II il, that they are,
IN certain cases recognized aa persons.
The Constitution of the United States pro-
vides, Article |, section O. that " The migration
or importation Of such persons, az any of the
States, now existing, shall think proper to nl
init, shall not he prohibited hT Congress prior To
the year 1903, but tax or duty may be imposed
on such importation, not exceeding ten dollars
for each person"
| II will be admitted, suppose, by my oppo.
nents, that the "persons" mentioned in this
section were slaves, the Importation of which
was permitted to the States, ill tho yeHr 1903,
when Congress interlerrel and prevented the
further migration or importation Of negro
slaves, " by severe pains or penalties.
50 too, Article ~, serliIn the Constitution
declares that "NO person held to service or
I labor IN one State, under the lava thereof, e4-
law or regulation therein, he discharged from
such service or labor but shall be delivered up
on claim OF the party to whom such service on
labor may be due
1t cannot be disputed that the construction
glvcn to this section reaches or includes fugitive
slaves, and the validity nl the State laws, by
winch sHch slaves were therein and thereby
'' held to service or labor" Upon this Consti.
tutional provision were founded the Act of Con-
! = n IN frnt luhn
or fugitive slaves-and tie Act of 1858, in
relation to the same subject, under which act.
of Congress, hundreds of negro fugitive slaves
have been claimed as property" recaptured
md returned to their owners'
This branch of the argument might be ex-
tended but this shall suffice.
In regard to the question Of {" property in
slaves" under the laws of the State Of Delaware
il is SO plain a question that s'the wayfaring
man need not err therein" By the laws of thi;
State, negro slaves are chattels-assets in the
hands OF executors and administrators, for pay
ment Of debts, they are the subject Of purchase
and sale. They are As good as personal proper
ly, they pass by bills OF sale They may be
bequeathed by will They become entitled tt
freedom by will or manumissiOn and in caBes oil
capital felonies committed by slaves, the courts
in which they may be convicted and punished
pays to the owners the thirds of their value
-as assessed by the iury-so that, as to the
question of "property"i in slaves, "properiy in
man," no man, who values his reputation for
intelligence, will venture to deny, that by the
| Constitution and laws Of the United States, aud
! by the Constitution and laws of the State OF
Delaware, negro slaves are recognized as pro-
perty" and their "owners" have legal, consti-
tutional right Of property" in them. This
constitutional, legal right of property" is all
have claimed, or cOntended for or intended to
alyocate. and this RIGHT haVo 1pmnnatraied
II therefore follows, that slaves being "pro-