Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1863-03-25
WARNING TO TRAITORS.

hGbeas corpus, and of the enforcement of tn
Federal Laws, stand out in brilliant relief
when compared with those of the Copperhea,
We hope the Message win be generally read
estate OF DELAWARE, EXEC. Dept.
| March Sd, 1868. {
To The Senate and House Of Representatives. ofih
State Of DetaU0re in General assembly met.
| The passage by the General Assembly of tn,
| act entitled IAN act to prevent illegal arrests
in tins State, renders it proper that shoulc
| briefly communicate my views and purpose in
| relation to it.
| 1t is with regret that differ with the Gen
eral Assembly in reference to the policy o
the State upon any subject, or that should
feel compelled to decline operation with
| coordinate branch of the Government in car
rying out any measure which, in its Judgment
is promotive OF the public welfare.
Ny duty, however, is too plainly laid down
to be mistaken, and the obligations have as
snmed too solemn to be disregarded and too
imperative to admit of hesitation, Had any
desire to shrink from it's fufiIlment the views
which had the honor to submit to you in my
inaugural address are too recent to have es-
capped my remembrance.
The preamble of the act refers to the Con-
stitution of the United States as providing
that no person shall 'be deprived of life, Iiber-
ty, or property without due process of law, ,
but it ought also to have been recollected that
the same Constitution provides that in case of
rebe iion or invasion, the privilege oi the writ
OF ha6eas corpus may be suspended when the
public safety requires it, and the dangerous
persons may be arrested and held without bail
or mainprise. This prov vision overrides the
Constitution OF the State Of Delaware or any
statute that may be enacted by her Legislature
10 whom the right to decide when the ext
gency has happened requiring the exercise of
the power OF suspension is question of Con-
stitutional construction upon which jurists
differ. That it is necessary power is ad-
mitted. That it exists, there Can be no doubt.
Whoever is invested with the power to sus-
pend is the sole judge of the occasion of its
exercise. Being incidental to the general du-
ty OF the enforcement Of the law, and now
called into exercise for the suppression of
armed insurrection, am satisfied that it prop
erly belongs to the National Executive, and
in my official acts shall regard it as vested in
the President of the United States.
The preservation of the Government is the
highest duty of those charged with its admin
istration and the personal liberty of the indi-
vidual is only to be regarded when compati-
BILE with its safety. That the citizen shou Id
have the right fairly to discuss public meas
ures is true. That the people should be per-
mitted peaceably to assemble and petition for
redress of grievances is undeniable. But
there is wide difference between the exercise
of the right and the disloyal opposition which
proceeds from sympathy with public enemy.
The former supposes that all parties are we'll
affected toward the common Government and
differ only as to the mode of its minstra-
ton. The latter is based upon hostility to
existing institutions, and aims at their furci-
BILE subveI Ision. The idea that the Govern
ment is bound to await the deve lopment of a
conspiracy until the actors shall have perfect
ed their plans and committed some overt act
necessary to hang them within the technical
definition OF treason, is, to my mind, absurd.
The object is not punishment but prevention.
That the power is liable to abuse is true all
discretionary powers, necessarily are SO. To
decide against its existence because it is ca
pable OF excess would destroy all human gov
ernment. The best mode to avoid liability to
arrest is to be faithful. No man who is truly
and unequivocally loyal has ever been in dan
ger OF being molested by the National Gov
ernment.
Still it is possible that arrests NAV be i'm
properly and unadvisedly made, and while it
is my duty to cooperate with the General
Government in the maintenance of its author
lty, will, at the same time, to the extent of
my power, protect peaceful and loyal citizens,
whatever may be their political sentiments.
While, however, such is my purpose in rela-
tion to them, it is also my duty TO take care
the refuge Of fforeign traitors OF domestic con-
spirators.
That there has been, from the beginning of
the rebellion, considerable number of our
people ready to participate in armed resist
ance to the lawful authorities, whenever a fair
opportunity should occur. have no doubt.
Sympathy with the Southern States in insur-
rection is sympathy with the overthrow of the
National Government. No man can hear with
qualification of reverse to our arms, who is
not at heart traitor.
My predecessor, in an official commupica-
tion, expressed the opinion that "a majority of
our citizens, if not in all of our counties at
least In the two lower ones, sympathise with
the South Without admitting the correct
ness OF his estimate of numbers, | do not
doubt OF the existence OF wide spread disaf-
lection. That there has been no outbreak
here IS the result OF want of opportunity. 1t
Is the duty OF the Executive, not only of the
United States, but of this State, to take care
that no opportunity shall be afforded. If to
secure the public peace, and to prevent insur-
rection, 1t becomes necessary to arrest any in
dividual within this State, whether he be a
citizen or non resident, | will not only as
sent to the act, but will maintain it.
Invested by the Constitution with no power
OF veto or review of the action of the Legisla.
ture, the Governor has general control over
the operation of criminal enactments and such
control will exercise to its uttermost extent
to protect any person acting nnder the author
ity OF the President of the United States. or
any citizen aiding such person in bringing to
light any conspiracy, or in arrestiDg any one
guilty OF disioyai practices or reasonable de-
signs against the Government
shall issue my proclamation in conforni.