Year: 1876

The case of the State of Delaware W.
VIM. L. Heal for assault and battery, il
one in which great constitutional ques'
ton will be settled, The attempt Of the
United States District Attorney to set aside
the jurisdiction Of the State Court, was 3
contempt Of the sovereignty Of Delaware
which was most properly met and treated
BY the Chief Justice. 1t is true as urged
by the District Attorney, that the late
Chief Justice permitted such CUSTOMARY
insults to the independence and dignity Of
the State; but the end has come, the issue
is made up and will be settled at the May
Court. The question involved is Of such
overmastering importance, as to demand
special notice by the Governor in his
forthcoming message to the Legislature to
organize in January 1877; coupled with
a request to make special provision to
guard the rights Of the State, and strength
en- her power of protecting her citizens at
all hazard. 1t has become fashionable in
Republican circles, and in the owl
ish coteries, of the nondescricts
yclept Independents to classify States
rights men with rebels and to counsel sub
mission to every Federal encroachment
The fruition of such a pernicious public
opinion, is now plagueing the citizens OF
South Carolina, defying its Supreme court.
and reasonably levying war upon the
sovereignty which that State reserved for
her own protection and sustainment. The
werd Nation is insidiously forcing itself
into our political nomenclature to help out
the objects of the 1mperialists. These
United States are not a Nation in the po-
litical meaning Of the term: they are
Federation Of sovereign States. The term
Nation has always been applied to King.
doms, people to Republican States we
say, the people Of Sparta, the people of
Athens, the people of Genoa, the people of
Venice, the people of Switzerland; but the
nations Of Europe. No Democrat should
use, or fail to rebuke the Use of the term
Nation, as applied to this Republic of
ours. The constitution Of the United
States embracing all its amendments, is
absolutely silent,as to grant Of power to
the Federal government, such as is claimed
for it by the United States District Attor-
ney in the case Of the State vs.. Heal.


If it be within the power OF he Federal
officers Of Delaware, to render void the
jurisdiction of the State, when she lays her
hand upon violator Of her law, because
he chances to be for the time being
United Deputy Marshal, the State Of
Delaware is dead in fact, and in law, and
her sceptre is departed, and the majesty
of her power broken.


The theory Of our form of govern
ment is simple and within the compre'
hension of everyone. The cradle Of the
theory is the absolute power of the State to
protect its citizens, in their persons and
property, it never was intended that such
functions should be assumed by the Fed
eral Government, as its powers are clearly
defined, and jealously circumscribed by
the Constitution. 1t is well that the ques-
ton is to be examined, and decided within
a few hours travel of the great municipal.
ties Of the Republic, and that no hazy
muddle will encircle the case. Given, as
it must be granted, that there is no constl
tutional warrant for insolently overslaugh.
ing tae State Courts,let us glance at the at
tempt in an equitable light. A paper
called WRIT OF HABEAs CORPUS Gun
cAusA, is served upon the Sheriff, and
Clerk of the Peace of this county. We
here copy it, so as to lay bare, the cool
audacity Of the Federal pretence.


UNITED STATES OF AMERICA, az


DISTRICT OF DELAWARE,


The President of the United States OF Amer


ica to the Sheriff Of New Castle County


in the State Of Delaware


GREET1EG We command you that you
have the body OF William L. Heal under
your custody, it is said under sure and safe
conduct, together with the day and cause OF
bis being taken and detained by whatsoever
name he may be called or known, before
our Judges Of the Circuit Court Of the
United States, in and for said District, at
Wilmington, in said District, on the 10Th
day Of June 1877, at 10 o'clock a. m., to
answer the State Of Delaware of al indict-
ment for assault and battery on John
O'Byrne now pending In the Court of Gen.
ersl Sessions of Peace and Jail Delivery Of
the said District, in and for New Castle
County, and further to do and receive all
and singular, those things which our said