Delaware State journal and statesman. [volume] (Wilmington, Del.) 1855-1870, 1863-03-06
SPECIAL MESSAGE
OF
GOVERNOR CANNON.
STATE OF DELAWARE,
EXECUTIVE DEPARTMENT,
- March Sd. 1863.
TO the Senate and House Of Representatives Of Tie
State of Delawdre in General Assembly met:

J
TO the Senate and House Of Representatives. Of Tie
State Of DeiaWare in General assembly met:
The passage by the General Assembly
of the Act entitled, San Act to prevent
illegal arrests in this State" renders it pro.
per that l should briefly communicate my
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.
eminent in carrying out any measure which,
in its Judgment, is promotive of the public
welfare.
My duty however, is 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
mcnt, the views which had the honor to
submit to you in my Inaugural Address are
too recent to have escaped my remem-
brance.
The preamble of the Act refers to the
Constitution Of the United States, as 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 in
vasion, the privilege of the writ habeas
corpus may be suspended when the public
safety requires it, and the dangerous person
may be arrested and held without bail or
mainprise.
This provision over-rides the Constitu-
ton of the State of Delaware or any statute
that may be enacted by her Legislature.
To whom the right to decide when the
exigency has happened requiring the exer-
J else of the power Of suspension is aquestion
of Constitutional construction upon which
jurists differ. That it is necessary power
is admitted. That it exists, there can be
no doubt. Whoever is invested with the
} power to suspend, is the sole judge of the
occasion of its exercise. Being incidental
, to the general duty of the enforcement o.
the laws and now called into exercise 70,
the suppression of armed instruction,
t am satisfied that it properly belongs to tn,
National Executive, and in my official acts
# | shall regard it MS vested in the Presiden
$ Of the United States.
The preservation of the Government i,
Il the highest duty of those charged with IL
administration and the personal liberty o
y the individual is only to be regarded whet
compatible with its safety That the citi
zen should have the right fairly to discus
public measures is true. That the peon
should be permitted peaceaby to ASSEMBLE
10 and petition for redress of grievances i
undeniable. But there is wide difference
} between the exercise of this right and th
ID disloyal opposition which proceeds from
$. sympathy with public enemy. The for
er mer supposes that all parties are well affect
!. ed towards the common Government am
" differ only as to the mode of its admin,
ie tratlon. The latter is based upon hostilit
a to existing institutions and aims at thei
ii forcible subyerson. The idea. that N
- Government is bound to await the develoy
" ment Of conspiracy until the actors sha
y have perfected their plans and committe
some overt act necessary to bring thel
within the technical definition of Treason
nc is, to my mind, absurd. The object is n,
Of punishment but prevention. That the poy
ID er is liable to abuse is true, all dscretiona
~ ~ powers, necessarily are so. To decid
&c against its existence because it is capab
on of excess would destroy all human cover
lg inent. The best mode to avoid liability
n arrest is to be faithful. No man who
-, truly and unequvocally loyal has ever bee
~ IN danger OF being molested by the NJ
ar tional Government.
We Still it is possible that arrests may |
I'd improperly and unadvisedly made, an
while it is my duty to cooperate with Ii
General Government in the maintenance
Ia its authority, will at the same time, to Il
~ extent of my power protect peaceable al
loyal citizens, whatever may be their pol
r.. teal sentiments. While, however, such
Be my purpose in relation to them, it is al,
my duty to take care that the State of De