Delaware State journal and statesman., 1862-03-21
1omrual anD Smithsonian
Friday Morning, March 81, 1862.
Communicated.
Emancipation in Delaware"

Alter some utlhyt OcOhhoheu ny |
other more pressing engagements, now propose
ia pursue my argument on the constitutional
asnects Of this subject. In due time, will no
ice some il not all Of the objections which have
been urged against my views. And as | have
said. heretofore, ! will place myself right on
The slavery question.
,gas pieased TO see mn article in your Journal
af the 4ih inst, written by "Delaware." lie is
air. ga foeman worthy OF my steel" "Dela-
Uarep argues calmly, fnirly hul we'll did
.,inyite faig criticism !" bis criticism is " fair.
But he produces no authorities whatever, to eus-
tain himself and although he reasons plausibiy
enough on general principles, yet am persuad-
cd shall be able, by.and-bye, TO shew that he
is clearly mistaken aud that having assumed
nnsound premises, his conclusions must neces-
sarily be erroneous
MA grave errors Of those who have opposed
nv views consist in seeming to forget that ours
W. limited form Of gopernmtm; that the powers
which may be rightfuly exercised by the Fede-
ral and State Goyeruments, nre delegated and
limited poWers controlled by their Constitutions
ma the paramount, fundamental laws OF the land.
And also, in losing sight of the great objects for
which the present necessary war against the
traitors aud rebels of the South, is being waged
by the Federal government hs announced by
President Lincoln and by Congress, ia their
lorma and solemn resolution, to the effect
., That this war is not waged for the suljuga-
linn of the Southern slave States or Of Inter
fering with their State institutions; but for the
defence of the Constitution OF the United States;
the preservation of the Union, and the enforce
lntnt OF the laws.
II ia unnecessary to delain you, by reoiting
the Powers delegated TO Congress in the Consti-
tntion of the United States, Or by setting forth
the restrictions imposed upon Congress by that
eaored instrument. Aa | have heretofore re-
Marked ! am not "a strict constructl0nlat OF
the Constitution" | eneerlully c0ncede TO Con
Il aifap pll luu tua Ia a a
he necessary or proper for carrying into execu.
lion the powers" specified in the 9Th section of
the lst Article OF the Constitution "and all
other poWera vested by the Consultation IN The
government of the United States, or in any
department or Office thereof But | deny that
Congress, or that the Legislature Of our stale
has any Constitutional power TO deprive any one
of life, liberty OF property, "wlhont due pro
cess of law" Or, To take "private property"
otherwise than for public use"-and that un-
less this "private property be necessary Tor
"pubho use il cannot he takeDi even for ii
lust compensation" No man can be COM
pelled to sell his property-or to part with it
only for "publc use, hghihst MS u"h VIII OF
consent.
Another error into which the opponents of G..
g. l.. have fallen, lies in drawing pTecedehls in
reference 10 the abolition Of slavery from the
British Parliament 1t has been taceuously
naid. that the Brush Parliament IS almost Om-
render "A white nun black, or black man white.
But the government OF the United States is one
of limited powers. Congress s limited mud
controlled in the exercise of lis powers, hy II
written Constitution Every thing, therefore,
not delegated, expressly, or by fair, just
mplcatiOu is denied To Congress- All nlgu
lnenis therefore, based upon rrecedents drawn
from the exercise of powers by the Brliah Par
lament, are entirely lnAppeAble anu Ihadmis-
sable in this dlecussiuh
have shown by reference 10 Judge Story'f
commentaries un the Constitution of the United
States, sections 1852 lSb9 that " no person
shall be deprived Of ilc, liberty or property
without due process OF law !" means, that nl
person shall he condemned in any Of these, bu
by {dtvJR juiyuicnf Of his peers, or by the law
the land. Aud TINT, according to Lord Coke
than whom we have no greater nr more respected
legal authority, " these wortl4, ptf iegem terFd
nv the law of the lund) mean by due process 0
law, that is, without due prcsentment, or rihdlct-
mcnt are being brought 10 answer thereto b,
due process of The common idie "
Again, process" has technical, legal Sig
MITIGATION. a. PROUEsAus; q froeedepdo al man
us0ue at Giiem. 1t is ~ Called because II pro
ceeds or goes out upon former NATTER eilhe
original or Judicial; and hath two signiheatons
First, it is largely taken Tor a. tue proceeding
in any action or prosecution, real OF personal
civil or criminal, from the beginning 10 tho END
Secondly, that ID termed The Process by which
man is called into any temporal Court, becaus
it is the beginning or principal part thereof b
which the rest is directed; III, taken strictly,
is the proceeding, after the original, beioT
iudrment"-J c: Law Dec Title Process.
Sir WIN. Blackstone regards process {
"the means of compelling the Defendant tn aQ
pear in court. t."-ArGhtol's Blk Comm, chapt'
XIx, p. 271, edit 1928.
Chancellor Kent says, g the words hy Tie IA
of The iund as used in Nlgnd CdrfI, in reieren
10 a,,btaQf "a uuUlerstuOu uug
cess of law, that is, by indictment, or preseu
ment of good aud lawful men; and this, sn
Lord Coke, ia the true sense and exposition
those words. ."-Kentis Comm sect. %Xlv. p.
Of edit 1897.
process of law, means, by legal proceedings
Court.
Again: " Nor shall private property be tax
for public use without just compensation.
contend that "priyate property" can on
abe taken for public uae.' In II Pick. Re
u. Ago, it was SAID by Putnam, j., priv
property cannot bs taken when wanted by t
public for merely ornamental purposes J
purposes must be necessary md aSfjaF
1t is true, il was held per baldwin j., il
Bald Rep. 220, that 'it is incident to
sovereignty OF every government, that it III
take private property for tue public use, of
necessity or expedieney Of which the COVE
ment must judge, but the obligation 10 ma
lust compensation is o0neomitant with the righ
But this right OF the government is explained
n Harding VS.. uoOdett, lurg. Al, in whicl
was held, that - lhe owner of land take.
subject 10 the right Of eminent domain in
State for public purposes, and tue Legislature
designate the public purposes to which it il
Il be applied
Il Unless, therefore, "pryate property" be
auired for public use for ''puhliG puTpos
/ which clearly means public eiVoyment-itc CT
/ not be taken at all, even fer just compeI
4 tion. The Legislature would havei aud has
Y right to take my Praonr Properfy as lands
public roads, Nc, to be used by the public,
II giving me Just compensation. But it could
Il lake my lands for merely ornamental !
Il noses" nor TO let lie wnAle. SO too, il nece
Il nv for the public use, the government
Il take mans horse or hla slave but the
Il ernneut could not tdke Nil the horses and all
Il in the State, to allow them TO roam AT large,
TO 20 free-even for Il compensation
Il the consent Of the owners Of such private
II perty. Nor are We 10 he fairly met with
objection that one stubborn man, might d
Il the objects of the Legislature" This is nu
Il objection. Ii is question of constituti
right in the people aud Of constitutional p,
IL in and restraint Of the Legislature 1t is G
neither Congress or the Legislature can CO.
II any man to sell nis land 10 another persO
matter what tho compensation may be OIL
against the consent Of the owner, unless
l. for ' public use," rs per roads, &c
In the case of Allen ve. Pcden, Law
II G3S it was held that "a law Cmaneipat
Il slave without the consent of his owner, ia Y
4 If one slave cannot be thus conslituho
st..