Delaware State journal and statesman. [volume] (Wilmington, Del.) 1855-1870, 1867-01-29
LETTER FROM DOVER.

The Dover ana mhnOn Dlii mas phpreN
both Houses It provides for the extension
IF the railroad west from Dover until II
forms junction with the Maryland and
Delaware road, and thus makes a "cross
cut" through the State. Last winter the
Frederick Railroad company was incorpo-
rated for the purpose Of building a road
from Dover TO Frederick. A supplement has |
been introduced TO allow the Frederick TO |
connect with the Junction and Breakwater |
on the south, and the Dover and Mahon on
the north. Where the capital to build these
roads is to come from, has not been yet made
public. Two other railroad projects have
passed the Senate, and are now pending in
the House; one to incorporate the Delaware
and Chester County Railroad Company, and
the other, the Dorchester and Delaware
Railroad The first is to run from at or near
the point where the New Castle road joins
the Philadelphia, Wilmington and Baltimore
road, about mile from Wilmington, by the
"western route" into Chester county. This
is Senator Jackson's bill, and will pass with
out opposition. The Dorchester and Della
ware is mostly a Maryland enterprise, to
connect large section Of country with the
Delaware road.
The Committee to settle with the State
Treasurer arc now engaged in that duty.
In their report, it is hoped, they will not
neglect to show what were the ordinary re-
ceipts and current cxpenses-outside Of the
State debtor the last year. Under law
passed in 1865, no one can be elected 10 the
office of State Treasurer, but one term with
in six years. This law also applies to the
Authorship. New candidates are therefore
in the field. have heard the names Of
William ]. Clark, OF Dover, Samuel Jeffer-
son, Of your county, and Ayers Stokeley,
President of the Bank Of Smyrna, as prom
inent candidates for the Treasury. There
are several applicants for the office Of Audi.
tor, and among them Isaac p. Walker, Of
Appoquinimink. The present Treasurer has
not yet replied to the pertinent resolution
adopted in the early part of the session.
On Wednesday last, Mr. Reed introduced
the following resolutions
WHEREAS, sovereignty in State cannot
be said TO exist unless all the essential pow
ers Of sovereignty arc possessed by such
State: and whereas, the several States Of the
American Union have ever been recognized
as having all the powers of sovereignty ex
cept where the original States, in the Con
stitution for the Union of all together undei
one Federal head, voluntarily restrained
themselves and the new States whose ad
| - 90 I,a IFuiO AaA r.
the exercise Of any such powers: ard where
as, the administration Of justice, is one o
the essential powers aforesaid, and no re
: straint upon the same was imposed by sail
c Constitution, or has been provided in an,
G amendments thereto; and Whereas such ad
minstration Of justice has always beel
through the fundamentally Of process, an
: cannot be done otherwise: and whereas, th
+ Congress of the United States has laid a to-
n upon the process aforesaid Of the Stat
j, Courts, and has, thus, assumed the power {
taxation upon the administration Of justic
l. in Delaware through her own Courts; an
is whereas, this Legislature believe that Cor
gress has no constitutional power to lay an
n tax, or duty, upon the process or businef
u" Of any of the courts Of justice Of the State
of the Union, and that such tax ought nj
to be submitted TO; therefore,
nfl ResolUed bg The Senate and Houso Of 70
:. presentation Of the State Of Delawdre /
y General Assenlbly met, That this General A
* sembly hereby aolemnlY protest against Il
ge stamp tax on writs and process in the Sta
i'd Courts, as an exercise of power by Congre
not warranted by the Constitution; and tn
no enforcement of such tax ought to
ri further made until the Supreme Court of Il
W United States has passed upon the questit
ne herein raised.
Resoised, That 10 test the validity OF Il
aforesaid tax, it is recommended that a ca
u, be made for the decision of said Court; al
BIS with view thereto, this Legislature herel
G. orders that in any suits or proceedin
=. wherein the State Of Delaware il legal plai
80 tiff, no stamps be placed upon the VT
necessary thereon.
in ReSOLoed, That no cestuis quo use in al
OF such suits shall suffer by not afiixing STAN
to the process necessary TO be issued for thu
benefit.
" Resoloed, That copy Of these resolutio
ne duly certified be sent to each Of our Senate
of and Representative at Washington to be ID
- Governor be requested TO send like co
to the Executive OF each of the thirty-
- States Of the Union.
he On the same day the same gentlem
~ favored the House with the following ''glC
'S' iication" of the Supreme Court:
Resoloed BY The Senate and House Of Rer
sentdtiges Of tie State Of DelaWdre in Gene
~ assembly met, That this General Assem-
A. regard with the utmost satisfaction the rec
,uM decisions Of the Supreme Court OF the .
hr ted States against the constitutionality
:, test oaths; and of military commissions
> the trial of persons not in the land or ma
M forces, or in the militia; and they hail "
not pleasure the evidence thus furnished, of
,oa respect OF that august tribunal for the sac
'N charter Of our liberties sud bond Of uni
en- and that no approval by a partisan maio
OF Of assumptions Of power, has been able
induce the Judges TO swerve from the /
II of integrity that was 80 faithfully trod
nlf their predecessors.
isb Resoloed, That copy of these resoluti
liz duly certified be sent by the Governor to
w. Attorney General Of the United States
ar. arequest that he present them to the Supr
ens Court.
At the request Of Mr.. Allderdice the
sderation of these ''poltical' eggs was
g over until next Wednesday
. The Speaker of the House has issued
lie writ for the special election in Kent Co
pre- to I'll the vacancy in the House caused
ade' the death of Mr.. Smith. The election
~nS take place on Tuesday, the Goth inst
democratic" Committee of Mispillion
A. dred has nominated Mark NJ. Johnso
10 the office, and he will, of course, DO ele
the Notwithstanding the fact, that he doe
hou. on all occasions swear by the "Saulsbu
epot, Both Houses adjourned on Friday by
smy, resolution until Tuesday evening so thu
lavs ! Kopt fiountv mamhara pould lie at