, 1863-03-18

Of like nature, that may be enacted, 50 far as
It sliail be attempted to be enforced against
him for faithfully discharging his duty to his
In testimony whereof have hereunto set
my hand and caused the great seal Of the
Eaid State to be affixed, at Dover, this eleventh
day Of March. in the year Of our Lord, one
thousand eight hundred and sixty-three, and
Of the said State the e'ght{-Eerenth:
WILLIAM CANNON.
The epccIal neesasc to which the above pfocIa-
nation refers is as follows:
To whom the right to decide when the c1lcency
has happened requiring the exercise Of the power
Of Suspension is question OF constitutional cou-
struction upon which jnriats differ. That 1t Is a
can be no doubt. Whoever is invested with the
power to suspend Is the sole jndge OF the occasion
Of it's exercise. Being Incidental to the general
dirty OF the enforcement Of the laws aud now
called into exercise for the suppression Of armed
iurutTection, am satisfied that 1t properly be-
1onGe to the national Executive, and n my Official
acts eiian regard 1t vested in the President OF
ths United Statee.
STATE OF DELAWARE, ExEcr11vE DEr'T,l
March s, 1853.
7oht senGte and House ef Representatives. Of AAs
,S'a{e Gf Dfld,rard IL General At*em6!y mel:
The paesage By the General Assembly of the set,
entitled An Act to prevent illegal arrests in this
State. renders itproper that should briefly COM
ysS a5d faton 5o
eeb1y in reference to the policy Of the State upon
any subject, Or that shoulu feel compelled to de-
government in carrying ont any measure which in
its Judgment 10 promotive Of the public welfare:
mistaken, and the obligations hive assumed too
solemn to be diaresarded, and too imperative to
admit Of illustration. Had any desire to shrink
from its fn!dllment, the yews which had the hon.
too recent to have escaped my remembcrancc.
The preamble Of the act refers to the Coustitu-
tion Of he United States providing that no per.
without due process Of aw but It oueht aso e
have been rccollected that the same Constitution
provides TINT in cose Of rebellion Or invasion tue
pended when the public safety requires it. md The
aanEsTSas person may be BE- arrested and held With.
statute that may be enacted by her Legislature.
The preservation Of the Government is the
highest duty OF tnose charged with Its aaminstra
ton and the personal liberty Of the individual IL
safety. That the citizen should have the righ
fairly to disGnss public measures is t5ue That tat
ard petition for redress of grievances is unde
nsable, But there is wide difference between th,
| exercise ofthls right and the dsloyal opposition
enemy: The formcr, supposcs that al parties ar
well AFFECTED towards the common Government
E only as .ts, to ths e NODE Of its
tility to existing Institutions ard aims at thei
torcib1e eubyereion. The idea that the Governmcn
IL bound to await the deyel0penlcnt 0fa consprac,
until the actors ahall have perfected their plsn
them within the technical definition Of TREASON, il
to my mind, absurd The object il not punis!,
abuse is true: al discretionary powers necessarl
are 60. Todecide against Its existence because
is capable Of excess wonld destroy al hnman gov
ernmrnt. The best mode to avoid liability to Al
reet il to be faithful. Norman who is truly and IN
eqnivoca1y loyal has ever been in danger Of beiu
moe5ted By the national government.
| Still it is possible that arrests may be improI
erly and unadvisably. made; and while it Is nj
| duty TO cooperate with the General Goyc:nnlc,
in the maintenance Of its authority, will at th
fme t. tae sxtent ct ny power protet
political sentiments. While, however, such Ia m
purpose In relation to them. It is also my duty I
1ake care that the State Of Delaware shall not b
made the refuge Of foreign traitors or domc=t
conspifatofs.
That there has been from the beginning Of til
reatlv to parteipate in armed % Iess,ance 70
lawful authorities, Whenever a fair opportuni,
should occur, / have no doubt syn,psthy Wit
t nsE eTe1Sio~ Sss o T e Yaas i
No man can hear with qualification Of i reyers
to our arms who is not at heart traitor.
Ny ,Sa IN an e,t oeal
izcns, II not in all Of our counties, at least in II
two lower ones. s5mpathlze with the South
Mtho%t ating ,he e1sepsss Gf his esma
epread ditafection. That there has been no Oh
break here was the result Of want Of opportunt
Il IL the duty Of the Executive, not only Of ii
United States, but Of this State to take care tht
opportunity shall be afforded. II, to secure IL
public peace and prevent fnsnrrectfon, it become
necessary toarzcst any individual within the Stat
whether lie be a citizen Of nonresident, | vi
not only assent to the net. but will maintain it..
Invested BY the Constitution with no power
s yedo Or regavM o. tae aetioa q ne Leflslata[
tion of criminal cnactments, and such control
will exercise to its utmost extent TO protect III
Of the United States, Or any citizen aiding IN.
person In bringing to light any couaprcy, OF in
resting any one guilty Of dsloysl practices OF trt
l sonab1e designs against the Government
/ shall issue my proclamation in conformity vi
these views, giving to the people Of the State
!. Delaware information Of my intended action.