Year: 1863

government.


The following proclamation has been Issued
by the Governor Of Delaware:


To the People Of the State of Delaware:


Ia special message communicated to the
General Assembly on the Sd day of March
instant, ! informed that body Of my purpose
to issue my proclamation in relation to the act
entitled IAN act to prevent illegal arrests ia
this State" anc therein briefly set forth the
reasons which impelled me to this conclusion.


Its provisions are at variance with the in
terests of the State, calculated TO lessen the
estimation in which her people are held as
faithful to the Government Of the United
States, to embolden those who sympathize
with rebellion, and 10 discourage loyal men
from the performance of their duty in discov,
ering and thwarting the designs Of the ennis
saries of treason.


To the end, therefore, that the evil opera
tons Of the enactment may be averted, and
loyal citizens may feel secure in their efforts
against foreign traitors and domestic conspira.
tors. /, William Cannon, Governor Of tho
State of Delaware, do, by this my proclama,
tion, enjoin upon the good people Of this State
II
ment of the United States as paramount to
the State of Delaware, and that they obey the
constituted authorities thereof before tho Leg.
islature Of the State of Delaware, or any 9TH.
or human authority whatsoever.


further epjon that they be vglaut in de
tectiug any conspiracy against the National
Government and vigilaut in preventing aid
and comfort to tho public enemy; that they
promptly assist the National Magistracy when
ever invoked, and that they freely communi.
cate any infosnation which NAV the better
enable it to suppress insurrection or to inter-
cept supplies for those in arms against its au-
thority; and any one SO ac.ing l will save
harmless from the operation of the statute
aforesaid, or of any other statute Of like ma
ture, that may be enacted, so far as it shall
be attempted to be enforced against him for
faithfully discharging his duty to his country.
my hand and caused the great seal of the said
State to bo affixed, at Dover, this eleventh day
Of March, in the year of our Lord one thous,
and eight hundred and sixty y-three, and of the
said State the eighty. ty.sevcuth.


WILLIAM CAsNoN.


The speciil message to which the above
proclamation refers is as follows:


State of Delaware, Executive De-


partment, March 3, 1863.


To the Senate and House of Representatives


Of the State Of Delaware in General Assem-


bly, met:


The passage by the General Assembly of
the act ent tied An act TO prevent illegal
arrests in this State," renders it proper that
should briefly communicate my views and pur-
pose in relation to it.


1t is with regret that differ with the Gen.
eral Assembly in reference to the policy Of the
State upon any subject. or that should feel
compelled to decline corporation with CO.
ordinate branch Of the government in carry.
ing out any measure which in lis judgment is
promotive of the public welfare.


My duty, however is too plainly laid down
TO be mistaken, and the obligations have as
sumed too solemn to be dsregar ded, and too
imperative to admit of hesitation. Had any
desire TO shrink from its fultillment, the views
which l had tho honor to submit to you in
my inaugural address are too recent to have
escaped my remembrance. 81. t


The preamble Of the act refers to the Con-
stitution of the United States as providing
that no person shall be deprived Of life, liber-
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
rebellion or invasion the privilege Of the writ
of habeas corpus may be suspended when the
public safety requires it, and the dangerous
person may be arrested and held without bail
or mainprise. The provision overrides tho
Constitution of the State of Delaware, or any
statute that may be enacted by her Legisla-
ture.


To whom the right belongs to decide when
the exigency has happened requiring the cx.
ercise of tho power of suspension is question
of constitutional construction upon which ju-
rists differ That it is a 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
lis exercise. Being incidental to the general
duty of the enforcement Of the laws and now
called into exercise for the suppression of arm
ed insurrection, am satisfied that it properly
belongs to the national executive, and in my
official acts shall regard it as vested 10 the
President of the United States.


The preservation of the Government is the
highest duty Of those charged with its admin
isualion, anu Inc personai lIoeIty OF the lnui-
yidual is only TO be regarded when compat-
bio with its safety. That the citizen should
have the right fairly to discuss the public
measures is true. That the people should be
permitted peaceably to assemble and petition
for redress of grievances is undeniable. But
there is a wide difference between the exer.
else Of this right, and the disloyal opposition
which proceeds from sympathy with public
enemy. The former supposes that all parties
are well affected toward the common govern
ment, aud diffor only as to the mode Of lis
administration. The latter is based upon hos
tilty to existing institutions, and aims at their
forcible subverson. The idea that the Gov
erumcnt is bound 10 await the development
!. Of conspiracy until the actors shall have per
fected their plans and committed some overt
act necessary to bring them within the techni
cal definition of treason, is, to my mind, alb
surd. The object is not punishment, but pre-.
vontion. That the power is liable to abuse il
true; all discretionary powers necessarily are
SO. To decide against its existence because j,
is capable Of excess, would destroy all human
Government. The best mode to avoid liabil
ity to arrest is TO be faithful No man who
ia trulv and uncomfortable loval has nm m hoor