Delaware State journal and statesman., 1862-02-14
Domrual anu Statrsmram
Friday Morning, February IA, 1862.
Communicated.
Emancipation in Delaware.

the state Of Delaware, with just compensation
10 their owners" has been published in the Del |
aware State journal OF this inst, and in the Re
publican of tho 9th inst. The worthy editor oi
the Republican has INDUCED in some pretty Sc
we're structures against those who are supposed |
10 be opposed to the provisions of that bill. He
eays, the objections raised against the bill by |
blind aud higgOtcd partizaus are no childish and |
huerile As to be unworthy Of notice. And in |
ibis days Journal in noticing " The Emancpa-
lion Act" you remark "i is not party mea-
sure by my means; but it is supported by men
Of all shades of political opinion, excepting
perhaps the secession peace unioa asplitters, who
as usual. are setting IN II terrible howl over
what they are pleased to call the lniquliy oil
the scheme."
With all due respect to our friend Vernon, and
Yourself, would respectfully suggest, that such
language is improper; and this style OF argu-
ment is not such rs the gravity of the question
involved in that Ii requires at our hands.
mn not, have never been " blind and biggot
cd partzan y nor am one of the "seceesion-
peace- -uniOn-spltlere. | believe ] am truly
oydi and orthodox in my politics; and trust,
that when you mud he come duly to consider
the objections raised against the bill, as
shall explain them, those obiectiOus-even you
being the iudges-Will not appear to be $50
childish and peurile MS to be unworthy of notice."
nor to be "a terrible howl" from ''secessOu-
thereof, the objections" viii he regarded ms
,aid, and Of such character as 10 justify
strenuous opposition 70 the bil|
deeply regret, that am constrained to differ
from you aud our friend Vernon, aud others Of
our friends gentlemen whom so highly esteem
but when great constitutional questions are
inyolyed deem il to be the duty of every man
to exhibit morai may physical courage, sufficient
tu defend the Constitution Of his country
Mi en- tv n .luuruul of the 1tl inst.
nl article over the signature OF " libertns,' in
which the honorable writer Of TINT article, in
speaking Of this hill, has. with all due respect
tor him, gone Far cut Of his way to impnte mo
iiyes to the opponents Of the bill. Hohi soV
mi NAL " pense," il Il motto which should have
presented itself to his mind before he allowed
himself to indulge in such severe examinations
and nsinuations: which is IL mode of argument
easily adopted aud which may as easily be
made 10 reroll on those who use it,
PROPOSE Mr. Editor to present R'g ohjee-
tion4 to this bill, in relation to the Emancipation
III the slaves IN Delaware calmly; md
respectfully invite the careful attention and
candid Judgment Of "A yiItuUus, independent und
intelligent public. | am happy To know that
have never cottrihuteJ, in any degree, to the
d. sluyefy agitation" have always condemned
the senseesi aud wicked cry oI political dema-
roeues--whoap whole stock in trade seems tU
have been, "Ahulltomiam, niEgcrA nhl rum =
"a winch contemptihcca It's Of corrupt pariizans
wr can directly trace most, il not nll the egila
under which the people aud government Of the
tinted States are now suffering.
have iiways endravurcd tn he conservative
in my political opinions aud nrtona; and faith
hllly to observe MI "the compromises Of the
Coustitution' ict, sir, with these opinions, |
nm CONFERENCE.-The T. conservative citizen-tn
Nideet to, andto oppose The bin above mentioned
Ny objections are
i That, in my Judgment, the bill is clearly
unconstitutional.
4, II propose to "MPfWf slave owners OF
their preDeriy, mtia1u' dH4 grocsN of ilu.' This
term !" ,lue process OF law, Inns received q
judicial construction. II nenns illegal proceed
mrs-iudicial decsiuus.' Nor is it amy auii
ucnl answer to this Constitutional objection Il
say tie lll proposes ''n luat compensation" Il
the owners oi rlayps. " lhr people" are 4,
le secure in their ptr4on5, bNuses, pApers an'
elects aud unlpNs private property be iatei
fur public use, neither Congress or the Leglsa
ture, can deprive any man di his property o
compel him To sell his property against ht
CONSENT Judge story IN commenting on thl
cauue--.' M perauh sli1ll he deprived oi life
liberty or properly, without lue process OF law,
Article t. Of ihe amendments tn the ConAtitu
ton Of the United Statee) rcmarks that TIL
'ciAuse is hut m enlargement ot the ianHuaS
nj Magma ChGrtn, nee super cim DinhS, nee SHpF
MiiiiMNh, HtNt ltf tfYWf fNH"HsH i'N' tf'
saoriiia, RET PER ifYfUr fehU, neither Will we pas
upon HIM, or condemn him, hut by the lawit
Judgment Of his peers, or by the law OF the lau'
Lurd Coke says, thut these latter words, per trgH
irltt, Thy the law OF the laud) mean by du
process Of law, that is, without due presentmet
ot indictment, and being brought in to answt
thereto hy due process Of the common law.
that this clause in effect nilirms the right
trial according to the process and proceedings
the common uw. - story on the Cohshtuuol
Z 1883, ID edition,
. The bill proposes to "t take slaves, ii
"priyate property Of the owners, without the
" consei.t, az rrl us " without due process
law D." aud this, too, moi for "public use Th
ivrn "publie use, means puhic enjoyment
where Il mans lands are taken Tor publ
roads. Nc, to be used by the public l!ut vii
use" could the public enjoy in lrec negroe
Or to what ''public use could they be deyote'
II might be, aud ! think it would lie for 4
uuLliu benefit if slavery did notexist IN Del
ware Dut there is u way ot emancipatinE say
without doing violence To the Constitution OF 4
United States, or oI this Stnle, and without d
tutbing our social relations, or the value of lab
See Constitution united Stales Article ",
mud Constitution Of Delaware, Article sect
s. | can lind IN the Constitution Of the Unit
States no authority Tor Congress to approprii
the "pubc money 10 purchase and cmanciri
slaves.
have no doubt of the "war power"
Congress over this species of property; and
contiscate it, as they would amy other species
propcrty Aud am free TO say, tlnt belt
ihe slaves, rs well as the other property
those engaged in this atroeious rebellion, sho
be coufseated aud that their whole property,
far us Congress can rightiully do so, should
mnde to pay the cxpenses Of this civil war
am not II strict constructOnla.' Of
Vourlitution or the United States | Cheerful
coneede tn Congress the power, " to make
IWs which shall lie necessary and proper
carving into execution the powers" enumera
in the Constitution. Aud whatever power II
beeye that Congresa has aver slavery IN
Territories Of tue United States yet IL - Gle
aud has been so repeatedly he'd, 'hat Nohsr
has no power to interfere wllhi regulale'
control slavery in the States Slavery is Il
.,tale institution, regulated by the local law
The states IN which il exists The peop
those States have The sole, exclusive powe
subject to constitutional rights az 10 properl
oyer this whole subject They may emaneil
their slaves, or hug the peculiar lnslituil
[ 10 their bosoms, il they choose to do SO
with the people in the several States, shOult
left tile mower 10 regulate and control Hla'
within their respective State limits
II. This " Act" or " Bill for the graf
Emancipation Of slaves in the State Of Delawl
action g. "rhNt the foregoing sections
proyisions are enacted and declared upon
/ exprsas condition, and for tue cUnsidera
that the United States Of America, will at
present sesaion OF Congress engage hy Ia
pay and thereafter faithfully pay to the sta
II Delaware, the sum Of nine hundred thou
dollars" SC
In regard 10 this feature Of the bill,
several oil jeetions, to wit;