Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1863-03-27
REmARKABLE DOCUMENTS.

Total ABHsgatisR Of Stat. S90erslgag-Proe5an
ation and Message Of tbs Go1srAor Of DeLa-
U0nYs.
TIE following proclamation has been issued
BY the Governor of Delaware;
In a specal message communicated to the
General Assembly on the Sd day Of March inst
I informed that body of my purpose 20 Issue my
proclamation IN relation TO the act entitled An
act to prevent illegal arrests in this State and
therein briefly set forth the reasons which i'm
PEELED me to this conclusion.
It's proTisions are at vsriG8ce with the inter
est OF II State-ealculsted to lessen the estinaa-
ton In which her people are held as faithful to
the government of the United STATES, to embold-
en- those who sympathizs with rebellion, snd to
discourage loyal men from the performance OF
their duty in discovering and thwartiDg the de-
signs of the emissanes Of treason.
To too end, therefore, that the evil operation
Of The enactment may be averted, and loyal cit
liens may feel secure in their efforts against
foreign traitors and domestic conspirators, l.,
William Cannon, Governor Of the State Of Del
aware, do, by this my proclamation, enloin upon
the good people Of this State, that they hold true
sllegisuce to the government Of the United
States as paramount to the State of Delaware,
and that they obey the constituted authorities
thereof before the Legislature Of the State OF
Delaware or any other human authority whatso-
ever.
further snjoin that they be vigilant in de-
tecting any conspiracy against the national gov
( eminent and diligent in preventing aid and
comfort to the public enemy; that they
| nromptlv assist the rational msgistracy when
ever invoked and that they freely communi-
/ cate any information which may be the better
! enabled to suppress instruction OF to intercept
| SUPPLIES designed for those in sTms against its
authority; and any one so acting / viii save
barmeless from the operation of the statute
I aforesaid, OF Of any other statute, of ike nature
{ that nav be enacted, so far as it shall be At
tempted to be enforced against him for faith
| fully di~scharging his duty to his country.
In testimony whereof l have hereunto set my
hand and caused the great seal OF the sac
State to be affixed, ct Dover, this eleventh day
of March, 10 the year Of our Lord, one thousand
eight hundred snd sixty-three, and OF the salc
State the eighty-seventh
The sDecial message to which the above proc
lsmstion refers is as follows:
STATE or DELAWARE EXECUTIVE DEPARTMENT,
March ,, 1853.
To the Senate and House Of Representatives Of th
STATE Of Delaware in General Assembly met;
The passage By the General Assembly Of th
act entitled " An act to prevent illegal arrest
in tits State renders it proper thst / shoul
briefly communicate my views and purposes Il
relation to it.
1t is with regret that I differ with the Geners
Assembly in reference to the policy Of the Stat
upon any subject, or thatI should feel compelle
to decline cooperation with the eo-ordlnat
branch Of the government in carrying out an
measure which, in my judgment, is promotv
of the public welfare.
Nv duty, however, is too plainly laid dow
TO be mistaken, and the obligations I have al
gumed, too solemn TO be disregarded, and 70
imperative to admit Of hesitation. Had I an
desire TO shrink from It's fulfllment, the view
which I had the honor to submit to you in N.
~insugursl address, are too recent to have p
capped my remembrance.
The preamble Of the set refers 10 the Const
tuition Of the United States as providing that n
! person shall "bs deprived Of life, liberty, {
property without due process Of law" but
|, ought also to have been recollected that Il
same Constitution provides that in cage Of +
bellion or invasion, tho privilege of the writ
2 habess corpus may be suspended when the pul
+. lie safety requires If, and the dangerous persc
: may be arrested and held without bail OF man
: prise. This provision overrides che Constitl
= ton of the State Of Delaware, or any statui
that may be enacted by her Legislature.
To whom is the right to decide when the 81
q gencv has happened requiring the exercise
the owe Of suspension is question Of co
stitutionsl construction upon which jurists d
ferl That it is 2 necessary pewer Is admitte
That it exists there can be no doubt Whoev
is invested with The power to suspend is the 50
Z iudgs Of the occasion Of its exercise. Being j
cidental TO the general duty OF the entorcsme
of the laws, and nor called into exercise for t
8 suppression Of armed insurrscfions an sat
6ed that it properly belongs TO the national E
~eeutive, aud in Riysofieisl acts shall rega
Il As vested in the President Of the Unit
States. !,
J Tho pfeservaFtn Of the government IS q
highsst&ty Of these charged With ITS ada!nl
: trsfiau, and the personal liberty q the mdivi
nal IS only to be regarded when eom9shb
; with its SAFETY. That the citizsr should ha'
he right fairly to discuss public measures
true. That the. people should BE- pefmti'
peaeaably to assemble and petition for > redre'
t, Of grievances, Is ~uadeniable. But thee is
wide difference between the exercise OF Cd
/, hight and The disloyal opposition 'Khich proceed
from sympathy with 9 public enemy. The 70