Delaware State journal and statesman., 1862-03-11

OF Argu ng by torture, As Mr.. Addisun BAL
PLY calls ii-this :. soriti,s' style Of "plhn9 ou
faggois," but be is even worse than that. lie
misqnotes aud misrepresents my arguments, aud
mputes TO me language and arguments nrser
used D. remstks-" He,' c. ), l.. 'saya II lT
upinst to take away the property Of slave,
holders without compensation, when The oli'
oilers full comp ensation that private 'pr1
perty =hall not be taken for public use, bot by
due process Of law, when the bill furnishes lhli
process that the Constitution says, no one
shall be deprived OF bis life, liberty or proper
IS, unless by the judgment Of his peers, or the
7 law Of the land len; here the law Of the land
and doesn't it raise tribunal to assess property
Aud D. indulged 10 the " Quere-Whai be
4 comes Of the word liberty in the above quotation
Are uot the slaves rights overlooked in anxious
care fer the owners right Of property
have uot used the word "uyust' in any con
nexiou with the power Of Congress or oi our
/. gisature "Io take away the property Of
shareholders without compensation My areu
nleut was, aud is, that neither COngtess or our
Legislature has the constitutional Porer 10 deprive
slave owners Of their property, without their
consent; OF "wthout due process Of law -
that "private property can only be taken for
the public use; and upon just compensation'
that unless this "private property y'-(a sud mas
hste say, 10 matter what kind 1i property ne
REQUIRED for public use, neither Congress Of the
owners consent, even for a just compensation !;
and that no man can be cDustilutonally COM
& PEELED TO sell bis property against his consent,
t no matter what may be the compensation offered,
Ii tLen D. has travelled out Of his case, and
: iu,erpolated into my argument words anl sentl-
ments have not used, submit that he sianl'
: convicted Of unfairness.
Again, b. in speaking Of a. due process oil
@ law suggests that :" the bill furnishes thai
3. process :" Is that the meaning OF " due process
It Of Law" which u, has learned from Lord Coke
= Mr. Justice Story, aud from 'judicial decislonst
Is Has he ever learned or heard from any respectA
% be authority, that an act Of the Legislature
means process Of Law" Further, WAS speak
II, lug Of constitutional restraints upon Legislative
-, powers" no one shall he deprived OF his life
"A liberty or property" unless by the judgmen
OF his peers, or the law Of The land" MIR Il
=, with great simplicity Ask "isnt here the la'
"a u the land ?" Does not Is. US lawyer know
that this term Z" law of the land" is to he take
IN its c0nnexiou with the other constitutions
restrictions upon legislative powers, which tor
oi hii the taking mans private property
- unless by the Judgment Of his peers an
NJ unless il be necessary to be 20 taken" for I'll
public use ?" Would L. On the same groun.
Justify the cOnsttulionality Of an act Of III
As Legislature, which would make n man jull
ia, II hls own case by asking, iu the same mannt
en- - isn't here the law OF the land ~
- But hear Is. again, in hi learned, runnn
commentary on the Constitution, in hs pregua
as quere; "[Quere-What becomes Of the VOL
ar Liberty in tue about quotatonf Are not Il
M slaves rights overlooked in anxious care for Y
-iy owners right of property IT. The gross dish
nj genuogsness of this 'quere, in constitution
,bt argument, is no manifest, that am surprise
he that b was not ashamed to put such a questio
~ Yet he does it, and in suchwse, as to show
"a felt its want Of relevancy and propriety in y
argument, and puts the idea in form Of quer
ket and that with brackets. No man, white
rk' c1lured can be consiiiutionaly deprived oil
es, " liberty" but upon "criminal aecnsatio
pie and by TIM judgment of his peers, or the Z" l.
ma OF the land. providing constitutional mode
be tlal, by which the accused is thus to he depiis
ms Of his constitutional right.
oW The word =" slave" is not found in
Constitution. But does " B. intend to insl
1ia ate by this cunning, disingenous "1uere I'll
an the trainers Of the Constitution 10 The use ut I
- words liberty" "n man shall lie deprived
ent his liberty" sc, that they intended TINT
eap negroes then held in twelve Of thirteen Unit
as. States, were To be emancpated AMI rot
os lie "depriyel Of their liberty i-uuless ly so
= future legislative enactment But il is bootl
set to follow b in his loose. rambling and dis
genuous mode ot treating grave conslituho O.
questions, and unless he can bring to
argument sounder views OF law, shall take
IN leave Of him, as have Of " Llbertas," AMI
them "r rail on" In the language Of Milton
ioes would remark " If sound argument aud rea
be put off, either by undertaking ailence,
{ Of the mastery censute of railing word or tw
or hy rejecting the force of TRUTH as the IN
hes cunning Of eloquence and sophistry what
ling lie the eud of this, but that all good learn
and knowledge will suddenly decay? Ignora
and ilitcrate presumption which is yet but
disease, will turn at length into our y
cons tuition and prove the hectic evil Of the az
In conclusion, sir will in some subsequ
o'u' number Or numbers endeavor calmly" ii
,nge in "we written" arguments, to PrOoe beyor
w peralventure, that the bill for the "grdi
" Emancipation of slaves in the State Of DelaW
@ 'he with compensation to their owners is cie
'l.e uacoasttudoaai. | will also place myself ri
'cu before the public on the slave question and
.,l ,ne Emancipation question. ltis very probable,
NJ muy not satisfy extremists on either side of
~ n,u ~ pro.sIayery or ant-slavery party. But =
!. ibe o. claim to be constructive and ain satsiie
!. II 90 shall have not only all sound lawyers, but
,uln ulnr the sober Judgment of the people with
hgrI GEouGErowS, February %, 1862. c. $.