Year: 1877

of laws, would be hollow mockery of
truth.


If an honest and sound public opinion
shall not condemn and dismiss in disgrace
the officials who have been guilty Of such
monstrous abuse of their trust, and who
have inflicted such wounds upon law,
order and constitutional liberty, the forms
of free government will not long remain
and despotism must soon become a per-
manent and terrible reality in our land.
The continuance of our freedom cannot
be maintained without incessant caution
to gurd against such encroachments by
the Executive.


Usurpations ofpower are sometimes so
gradual as to be almost imperceplible,
but in the present case there is no con-
cealment, no stealthy step, but 4 bold,
open, shameless, stride, trampling down
the most sacred and essential reserved
rights of the States. The President has
openly interfered in three States-and in
Louisiana for the third time-with the
management and control of affairs which
were strictly and solely subject to State
authority. The very suggestion of armed
Federal interference in State affairs was
at one time so repugnant to our people,
without regard to party, as to be deemed
impossible, but unhappily that time seems
to have passed. He has forcibly prevent
ed the peaceable organization of the Leg
islature of South Carolina, treated the
decision of her highest court with open
contempt, and thrown the State into dire
confusion. What his further plans are
the future only can tell, but his past con-
duct would seem to justify the gravest
apprehension.


The overthrow of our system of govern
ment is also threatened in the insidious
interference with the essential rights and
powers of the States under claims of judi
cal power in the courts of the United
States. In our own State an instance is
now found to which | invite your careful
consideration.


AT the November Term of the Court of
General Session of the Peace and Jail
Delivery in and for New Castle county,
true bills of indictment were found by
the Grand Jury against one William L..
Heal for assault and battery committed
in the said county upon John O'Byrne.
citizen of the State. At the same term
ofthe Court the defendant, acting through
the attorney of the United States for the
District of Delaware, as his legal counsel.
sued out of the L. S. Circuit Court writ
OF Habeas Corpus cam cduSd, directed to
the sheriff of New Castle county, for the
removal Of the proceedings against Heal
to the Circuit Court of the United States.


The Court of General Sessions, Chief
Justice Comegys presiding, declined to
relinquish its jurisdiction, for reason then
stated, and has ordered that the trial of
the cases be continued until the next term
in course. | can imagine no valid au-
hority to exist which can thus deprive the
State Of Delaware of power so mani
testify essential as tokeepthe peace within
her borders and punish all violations Of
herlaws in that behalf. But such claim
of power is now made by the attorney for
the United States for the District of Della
ware by direction of the Attorney Gen
eral ofthe United States, as am informed.
and accompanied by process issued from
out the L. S. Circuit Court for the said
District; and feel it to be my duty to
ask you to consider the consequence of
admitting its legality. No suggestion of
any breach of the laws of the United
States by Mr.. O'Byrne has been made to
my knowledge, and there can be no ques-
tion that he is fully answerable to those


laws and in the United States tribunals
whenever he shall be charged with the
violation.


If any official of the United States, re-
siding within the State of Delaware and
subject to her jurisdiction, can commit
breach Of the public peace and remove
himself and his offence, at will. beyond
the power of her laws, what becomes of
the sovereignty Of the State" referred to
by the U. S. Supreme Court, which has
been thusviolated and cannotprotect itself?
The Indictment i'll question alleges the
assault and battery by Heal of citizen
OF New Castle county in. violation of the
laws Of Delaware and against the peace
and dignity''of theState. Before the State of
Delaware entered the Federal Union un-
der the Constitution the control of the
public peace and of all persons within her
borders undoubtedly belonged to her and
was admittedly exercised; invariably and
without question until now, as her sole
and exclusive power. BY no act express
or IMPLIED has this essential power ever
been delegated by the State of Delaware
to the government of the United States,
and | cannot doubt that 1t exists to-day
unimpared.


To deprive the State of such jurisdict-
ion would strike al the very foundation
Of her political existence. and reduce her
to a most pitiable and defenseless condi-
ton. If her peaceful citizens cannot be
protected within her borders against as
saults and batteries, they are equally de-
fenseless when mayhem and murder shall
have been committed upon them. The
consequence of conceding the claim made
!. in behalf of Heal would be to deprive the
judicial branch ofthe government ofDela-
ware of its power to try him under the
laws of the State for an offence against
| those laws, aud to remove his case to
! another jurisdiction-that of the Courts
| of the United States-whose government
has provided no law for his trial or pun
ishment, nor power to pardon his offence


should conviction follow, because lie does


not stand charged with violation of any


United States law. The attempt, if sue


cessful, would completely oust the State


o; all jurisdiction over offenders against


her laws, land set at naught all her legisla-