Delaware State journal and statesman., 1862-12-30
Military Arrests in Delaware.

NN'"SiN "NAoVi AotoiJ1 ih the otnutcg ABOUT
certain military arrests made in the State by
the authority of the Government. The
Senator in some of his sober--of course so.
ber--moments discovered "mare's nest"
and has been trying the strength of the eggs
against his front molars right industriously
for the past few days. lie has, however,
been brought suddenly up with u nshort
turn, by Senator Lane Of Indiana who has
been hurling the equine fruit abou, the
Delaware Senator's head at such telling
rate that Mr.. Salisbury finds himself pretty
much besmeared with his own political filth
We give an extract or two from Senator
Lanes speech, in which he pays his compl-
ments to Mr.. Salisbury and the sneak-thieG
class of traitors generally in Delaware, us
follows -
Having disposed of the power Of the President
TO suspend the privilege OF the writ of ha5eas
corpus, now come to his power TO make milituiy Y
arrests. Toe power Of the President to use mill
taTy iorce to make arrests TO aid in putting down
instruction or rebellion has been decided by the
Supreme Court in the case Of Martin Luther as
Captain Child and others, reported 10 Howard's
reports, ia case growing out of the Dorr re-
bellion. Tho acts of 1895 and 1907 expressly
authorize these arrests, but do not more than re-
aitrm authority already granted in the Constitu-
tion OF the United States. Those acts place the
military force at his disposal for the suppression
of rebellion, giving him fall discretion as to when
and how he would use that force. In my opinion,
he has the same right to the military force to
arrest traitor or rebel s, mpaihizerin the North
as he has to use the military force to crush II
rebel in arms against the Government Ii tisleft
to his discretion, and when the discretion is ex.
eTcised, and honstly exercised. it is the subject
Of no supervision or control by any other depart.
ment of the Government.
argue, then, this right to make these military
arrests, not only from the powers directly con
ferrel and duties enjoined IN the Constitution Of
the Uniled States, but argue the existence of
the power from the great right of snf-ptegerya
tion, the great law Of self defense, known and
recognized everywhere. Ii il were written in no
law book if ii were placed in no constitution. il
IS placed by the finger OF God upon every human
heart us a condition OF our individual and our
national existence. Ia the exerc, se of this ,igbt
these arrests have been made
Now, Mr. President to come TO the individnol
cases in which the right to arrest political nrson
ere has been exercised by the President. shall
speak first Of the arrests made in tho State of
Delaware, for they have been most loudly com.
PINNED Of and most bitterly denounced and |
shall proceed to show you that the President had
ample reason to believe TINT treason existed in
the State Of Delaware, that many of her citizens
were disloyul TO the Government in this bonr of
trial. In approaching the statements and p,si-
tons OF statements OF gentlemen, | shall NOT
transcend the limit of personal courtesy or parl.
amentery decorum. | have nothing 10 do with
tho motives of Senators upon This floor or cti-
zens OF Delaware. Their motives are left to the
adjudication Of higher power appeal to
iac's known OF all men, recorded facts, which will
not and cannot be disputed
Sir, what was the condition of affairs in Dein.
ware at the time WHOM these first arrests were
made proceed to show you, from the Journals
OF the House OF Representatives Of Delaware
what was The action Of the constituted authorities
Of that State. | read first, from the House
journal OF the session Of 1861, an extract from
the message of the Governor Of the State. in
which this remarkable clause appears
ut is Tie desire of Hon H. Dickinson to address Won In
reteienee to his duty commissioner Ii \ win ,cn
to determine whether you will sgree his proposition or
not N my opinion, It is due to him and MS state thai
he should be heard. It is unnecessary that shan a.
peat The causes that have brought the nom our
sister htaes to confer with u.s. and 0nly sugges H. 80
iorboiins Of tile calamitss awaiting us the fntute nn
less some speedy action be taken arrest the and
snd think It incumbent upon every state of hl CON
ieteraey to use all means in hsr power to accomplish that
through their representatives in Congress- and the 1eSns
~ ther sovereign lswer are looked to discharge
NJ
State convention, for the people OF this sste Ia ds
upon what course they will pursue" N''N'
Recommending to the people of Delaware pre
csely what had taken place ia all the seceled
States; inviting them to take the first s,en in
that pathway that has led to all the horrors of
secession and rebellion. Why the necessity of
calling a State convention at this particular inno
ilre of affairs? Sir, it was because Gecreia.
Mississippi, and Alabama had sent their aeere,
dited agents to the Governors OF all the slave
states. Was it proper in tho Governors of a
sovereign State TO listen to the g overturas oe
treason, and recommend to tho Legislature ibat
these ministers Of secession aud npostles Of
treason shall be heard before the Legislature of
Delaware? But it stops not here The Lerisla-
ture OF Delaware, ms will be seen by reference Ia
another portion of the same journal, passed n re.
solution inviting these emssaries Of treason to
appear before the Legislature, and to poison
public sentiment in the State of Delawn,e
Then. We have the action of the Governor and
the action Of the Legislature going to show. ne
THINK eonolusivelJ, their want OF fidelity 10 the
denenl dovernmeht. The distinguished Sena
Tor from Delaware Mr.. Saultbury,1 the other
day, Put this inierrogatoTy to my ool,eague
w. AK tls Senator from Indiana this question eau he
ifon the org niz alton Of tho Government 10 th nrani
s Msa mere has been any resi,tanee to execution
O felbral law 10 that state or any Atempt on no nSrt
o. any portion OF tho people of that State nhyert this
/
him 'uut Of thine own mouth will condemn
thee" Here are the records of the Legislature
oil the senators State inviting traiiOrous COM
mibslohefs To appear before that Legislature and
mere 's The message of the Governor recommend
ing the calling OF a convention to decide the
question Of loyalty and fidelity to the Conslitutjon
oil the United States. The Senator from Della.
ware y doubtless much more familiar with the
history OF his own State than am yet either
| he or myself have wonderfully mistakan tho
character of that history.
Mr. SALISBURY. Will the Senator from In
diana allow me to make a suggestonY Isee that
he has the journal Of the House Of Representa-.
tyes Of the State of Delaware before him chow
ing, hs he says, that they invited MIR. Dickinson
to appiar and address that body Will he please
follownp the reading Of that, by reading also
the resolution adopted by the Legislature Of the
state VI Delaware nfter Mr.. Dickinson had con-
cludedhis address
MIR. LANE, Of Indiana. have always found.
Mr.. President, in practising law, that had ouite
enough to do to attend TO my own SIDE Of the
case. Delaware has an able advocate. and he
viii doubtless read anything that may be urged
Ma. SALISBURY. The Senator was reading
from tle reeordi wanted the whole record.
MR tAsE, Of Indiana. Tread from the record.
ana Vill give you more of il. That was the
incipieit step which the authorities of the State
of Delaware took to inauguIate rebellion there
and ihfe Is single coincidence showing that
these pen we're operating upon precisely the
same pan in all the slave States. Precisely lie
same pan and programme was attempted 10 be
carried lout in the other Staies-I mean at its
incepup they did MOI cpnsummate II, to be
sure.
Now, fir, should like to show you, if had
Time, lpe character Of the credentials whion