Smyrna times., 1863-03-12
MISCELLANEO
SPECIAL MESSAGE
OF
GOVERNOR CANNON.
- STATE OF DELAWARE, !
EXECUTIVE DEPARTMENT, !
March Sd. 1853 |

march sd, 1868.
To The Senate and House of Representatives, ottss
State Of DeIa,oGre IN General assembly met:
The passage by the General Assembly of
the Act entitled, " An Act to Prevent ille-
gal Arrests in this State" renders it proper
that Ishould briefly communicate nv views
and purpose in relation to it.
1t is with regret that / differ with the
General Assembly in reference to the policy
Of the State upon any subject, or that /
should feel compelled to decline co-opera-
ton with coordinate branch of the Gov
ernment in carrying out any measure which,
In ITS Judgement, is promotive of the public
welfare
My duty, however, it too plainly laid
down TO be mistaken, and the obligation
have assumed too solemn to be disregarded
and too imperative to admit of hesitation
Had any desire to shrink from its fulfil
ment, the views which I had the honor to
submit TO you in my Inaugural Address are
too recent to have escaped my remem-
brances
The preamble of the Act refers to the
Constitution of the United States, az pro-
viding that no person shall abe deprived
Of life, liberty, or property without due
process of law" but it ought also to have
been recollected that the same Constitution
provides that in case of rebellion or invasion,
she privilege of the writ of habeas corpus
may be suspended when the public safety
requires it. and the dangerous person may
be arrested and held without bail or main
prise.
This provision over-rides the Constitution
ofthe State of Delaware or any statue that
may be enacted by her Legislature.
70 whom the right to decide when the
e1igency has happened requiring the exer-
cise of the power of suspension is question
OF constitutional construction upon which
lurists differ. That it is q necessary bower
IL admitted. That it exists, there can be no
doubt Whoever is invested with the pow-
er to saspend, is the sole jndge of the occa-
sion of its exercise. Being incidental to
che general duty of the enforcement of the
laws and now called into exercise for tht
suppression Of armed insurrection, I am
satisfied that it properly belongs to the Ma
nonal Executive, and in my official acts,
shall regard it as vested in the President o.
the Uhited States. 4ii'i i1oil : = =
The preservation Of the Government i,
the highest duty of those charged with IL
administration and the personal liberty o
She Individual is only TO be regarded wher
compatible with its safety. That the citi
zen should have the right fairly to discus
pubic measures is true That the peopl,
sh,uld be permitted peaceably to asseInbl
and petition for a redress of grievances i
nnieniable. But there is a wide differenc
he weea the exercise of this right and tn
rsioya opposition which proceeds fron
fynpashy with a. public enemy. The for
iser sapposes that all parties are wen affect
"a towards, the cornmon, Government an,
aiffef only assto the mode its adn,inistra
ton. The latter is based mon hostil;t
tp existing. Institutions and aims at thei
forcsblc subversion. The idea. that IN
t1overnment Is bound TO await the deyelor
spent Of conspiracy until the actors sha
save perfected their plans and committe,
some overt act necessary to, bring ther
within the technical defnit;on of t.assor ss'o
iss 70 my mind. absurd, The oh;act i,,1u = ~
punishment but prevention. That tha = nas -
er liable TO abuse is true, all diseret;an a.
powers, necessarily are so. To aaa:s
against its existence because ID ia canabla '.l
sxcess would destroy All hhfrian govern ~ -,
ssslsst ncde 70 avoid liability 10 arrest
aSsaso-ssfs4 = eq4s sssiaslssag - ss8ssesss