DELAWARE. 



335 



in his inaugural address, has avowed the false and 

 dangerous doctrine that " reasonable ground for sus- 

 picion " can justify the arbitrary arrest and incarcera- 

 tion in prisons, far removed from the district of their 

 residence, of citizens against whom no warrant has 

 been issued or charge made according to law ; and has 

 nnblushingly published his approval of these cruel and 

 lawless arrests of his own fellow citizens ; and whereas 

 he has thus proved himself by this avowal the weak 

 but willing tool of Federal usurpation, and a Governor 

 unworthy the respect and confidence of his fellow citi- 

 zens one to whom they can look for no just protec- 

 tion of their rights of person and of property ; there- 

 fore be it 



Resolved, That the doctrines of Gov. Cannon's ad- 

 dress, in regard to arbitrary and lawless arrests are, if 

 carried out, fatal to constitutional liberty, destructive 

 of the peace and security of our people, and deserve 

 and hereby receive, at the hands of the Legislature of 

 Delaware, prompt and indignant repudiation, and are 

 declared worthy of the severest reprehension of a peo- 

 ple who inherit the privileges of freemen and wish 

 to preserve them unimpaired. 



These resolutions were followed by the pas- 

 sage of an act to prevent "illegal arrests." 

 The governor has no veto under the Constitu- 

 tion of the State over bills passed by the Legis- 

 lature; he, therefore, immediately sent the fol- 

 lowing special message to that body : 



STATE OF DELAWARE, EXECUTIVE DEPARTMENT, ) 

 March Sd, 1868. $ 



To the Senate and House of Representatives of the 



State of Delaware in General Assembly met : 

 The passage by the General Assembly of the act en- 

 titled " An act to prevent illegal arrests in this State," 

 renders it proper that I should briefly communicate my 

 views and purposes in relation to it. 



The preamble of the act refers to the Constitution of 

 the United States, as providing that no person shall 

 " be deprived of life, liberty, or property without due 

 process of law ; " but it ought also to have been recol- 

 lected that the same Constitution provides that in case 

 of rebellion or invasion that privilege of the writ of 

 habeas corpus may be suspended when the public 

 safety requires it, and that dangerous persons may be 

 arrested, and held without bail or mainprize. This 

 provision overrides the Constitution of the State of 

 Delaware, or any statute that may be enacted by her 

 Legislature. 



To whom the right to decide when the exigency has 

 happened requiring the exercise of the power of sus- 

 pension is a question of constitutional construction 

 upon which jurists 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 its exercise. Being inci- 

 dental to the general duty of the enforcement of the 

 laws and now called into exercise for the suppression 

 of armed insurrection, I am satisfied that it properly 

 belongs to the national Executive, and in my official 

 acts I 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 administration, and 

 the personal liberty of the individual is only to be re- 

 garded when compatible with its safety. "That the 

 citizen should have the right fairly to discuss public 

 measures, is true. That the people should be permitted 

 peaceably to assemble and petition for a redress of 

 grievances, is undeniable. But there is a wide differ- 

 ence between the exercise of this right and the dis- 

 loyal opposition which proceeds from sympathy with a 

 public enemy. The former supposes that all parties 

 are well affected toward the common government, and 

 differ only as to the mode of its administration. The 

 latter is based upon hostility to existing institutions, 

 and aims at their forcible subversion. The idea that 



the Government is bound to await the development of 

 a conspiracy until the actors shall have perfected their 

 plans and committed some overt act necessary to bring 

 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 capable of excess, 

 would destroy all human government. The best mode 

 to avoid liability to arrest, is to be faithful. No man 

 who is truly and unequivocally loyal, has ever been 

 in danger of being molested by the National Govern- 

 ment. 



Still it is possible that arrests may be improperly 

 and unadvisedly made; and while it is my duty to co- 

 operate with the General Government in the main- 

 tenance of its authority, I 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 relation to them, it is 

 also my duty to take care that the State of Delaware 

 shall not be made the refuge of foreign traitors or do- 

 mestic conspirators. 



That there has been from the beginning of the rebel- 

 lion a considerable number of our people ready to par- 

 ticipate in armed resistance to the lawful authorities, 

 whenever a fair opportunity should occur, I have no 

 doubt. Sympathy with the Southern States in insur- 

 rection is sympathy with the overthrow of the Na- 

 tional Government. No man can hear with gratifica- 

 tion of a reverse to our arms who is not at heart a 

 traitor. 



My predecessor, in an official communication, ex- 

 pressed the opinion that " a majority of our citizens, if 

 not in all our counties, at least in the two lower ones, 

 sympathize with the South." Without admitting the 

 correctness of his estimate of numbers, I do not doubt 

 of the existence of wide-spread disaffection. That there 

 has been no outbreak here is the result of want of op- 

 portunity. It 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 insurrection, it be- 

 comes necessary to arrest any individual within this 

 State, whether he be a citizen or a non-resident, I will 

 not only assent to the act, but will maintain it. 



Invested by the Constitution with no power of veto 

 or review of the action of the Legislature, the Gover- 

 nor has a general control over the operation of criminal 

 enactments, and such control I will exercise to its ut- 

 most extent to protect any person acting under the 

 authority of the President of the United States, or any 

 citizen aiding such person in bringing to light any con- 

 spiracy, or in arresting anyone guilty of disloyal prac- 

 tices or treasonable designs against the Government. 



I shall issue my proclamation in conformity with 

 these views, giving to the people of the State of Dela- 

 ware information of my intended action. 



WILLIAM CANNON. 



On the llth of March, he issued the follow- 

 ing proclamation : 



To the People of the State of Delaware : 



In a special message communicated to the' General 

 Assembly on the third day of March instant, I informed 

 that body of my purpose to issue my proclamation 

 in relation to the act entitled " An act to prevent il- 

 legal arrests in this State," and therein oriefly set 

 forth the reasons which impelled me to this con- 

 clusion. 



Its provisions are at variance with the interests 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 to discourage loyal men from the 

 performance of their duty, in discovering and thwart- 

 ing the designs of the emissaries of treason. 



To the end, therefore, that the evil operation of the 

 enactment may be averted, and loyal citizens may feel 

 secured in their efforts against foreign traitors and 

 domestic conspirators, I William Cannon, Governor 



