USA > Delaware > History of Delaware : 1609-1888 > Part 86
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The committee met on the evening of the adoption of the resolution and organized by electing Dr. Saul -- bury chairman, and Mr. Williams, secretary pro tomat. John O. Slay was subsequently appointed clerk of the committee. This committee was in session until the
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THIE CIVIL WAR.
16th of March, and examined one hundred and twenty witnesses, and submitted a report to the Gien- eral Assembly, condemning the use of troops and severely arraigning Governor William Cannon and George P. Fisher.
In the mean time, however, Governor Cannon had been inaugurated and in his address justified the presence of the troops. He said, among other things, "that there were apprehensions of violence," and "the troops were placed under the control of citizens of prudence and discretion ; " that. " in no case did they interfere with the exercise of the right of suffrage by any voter, and in all respects their presence was salutary in securing good order and preventing prob- able collision among our own people." He also jus- tified the arrest of citizens on the ground that it was for disloyalty, and that noundue violence was used.
The committee reported a bill on the 10th of Feb- ruary, entitled an " Aet to Prevent Illegal Arrests." This bill made it unlawful to arrest any white person in the State unless upon legal process issued by some officer authorized to is-ne process by the laws of the United States or this State, and it must be for or to prevent a breach of the peace or commission of a crime against the State of Delaware or the United States ; such person was to be taken before a judicial office and to be released unless charged upon oath and in that case bailed, if the case be bailable, and no such person was to be taken from the State except upon the requisition of the executive of some other State, unless they shall belong to the land or naval service of the United States ; it further made it un- lawful to make an affidavit to procure the arrest of any white person in the State before any one unt authorized by the laws of the United States or State of Delaware to take such affidavit, or to procure the re- moval of such per-on out of the State. This bill passed the Senate February 12th, by the following vote :
Yeas-Mes-rs. Cahall, Hitch, Saulsbury, Hiek- man and Mr. Speaker.
Nays-Messrs. Belville, Hooper, Tatum and Wil- liamson-four.
And the House, February 24th, by the vote an- nexed :
Yeas-Messrs. Allen, Baily, Bewley, Fisher, Gootee, Horsey, Raughley, Scribner, Slay, Stubbs, Waples, Watson, Williams and Mr, Speaker -- fourteen.
Nays -Messrs. Curtis, Duncan, Gemmill. Hayes, Lattomus and Paxson-six.
The same day Mr. Williams offered in the House the following joint resolution :
" Whereas, The Government of the United and of the several States, are governments of laws, within the limits of which all offie mal- find their rightful powers, and outside of which no official has any pist claim to power of obedience from his fellow-citizens ; and whereas, Within Can- non, the Governor of this State, in his inaugural address, his avowed the false and dangerous doctrine that ' reasonable granted of suspicion' can justity the arbitrary arrest and the arveratton in prison far removed front the district of their residence, of citizens against when no warrant has been issued or charge made according to law, and has unblushingly published his approval of these cruel and lawless arrests of his own fol- low -citizens ; and wherea , he has thus proved himself by this avow.il,
the weak, but willing tool of federal naurpation and a Governor un- Batthy the respect and confidence of his to How-citizens, one to whom they can look for no just protection of their rights of person and of prop- erty, therefute,
" Be at resolved. That the doctrines of Governor Cannon's address in re- gard to wintrary and lawless srpestate, if carried out, fatal to constitu- homal liberty, destructive of the peace and security of our pruple and deserve, and hereby receive at the hands of the Legislature of Delaware prompt and indignant population, and are dei lured worthy of the sever- est reprehension of a people who inherited the privileged of freemen, and wish to preserve them ummpatted."
The resolution was adopted by the House by the following vote :
Yeas-Mesars. Allen, Bailey, Bewley, Fisher, Gootee, Horsey, Raughley, Scribner, Slay, Stubbs, Waples, Watson, Williams and Mr. Speaker-fourteen.
Nays-Messrs. Curtis, Dunean, Gemmill, Hayes, Lattomus and Paxson.
On February 26th the resolution passed the Senate by the following vote :
Yeas-Messrs. Cahall, Hitch, Hiekman. Saulsbury and Mr. Speaker-five.
Nays-Messrs. Bellville, Hooper and Tatum- three.
The Governor had no veto under the Constitution of the State over bills passed by the Legislature, and therefore, on March 3d, sent the following special message to that body :
" STATE DE DELAWARE, EXECUTIVE DEPARTMENT, )
March 3, 1803. " To the Senate and House of Representatives of the State of Deluicare in Gen- erul Asa mbly met :
"The passage by the General Assembly of the act entitled '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. * * * * * * * * * . x
"The preamble of the act refers to the Constitution of the United States, as providing that no person shall ' br deprived of life, liberty or property without due process of law :' but it ought also to have Tren recollected that the same Constitution provules that in case of rebellion or invasion that privilege of the writ of habeas corpus may be suspended when the juldie safety requires it, and that dangerous persons may be arreste I and held without bad or mamprize. This provision overrides the Constitunon of the State of Delaware, or any statute that may be enacted by her Legislature.
"To whom the right to decule when the exigency has happened, re- quiring the exercise of the power of suspension, is a question of con- struction upon which jorists differ. That it is n me cessary power is admitted. That it exists there can he no doubt. Whoever is invested with the power to suspend is the sole judge of the occasion of its ex- ercise. Being incidental 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 otheral acts I shall regard it as vested in the President of the United States.
" The preservation of the fiovernment is the highest duty of those charged with its ndmumstiation, and the personal liberty of the in- dividual is only to be regarded when compatible with its safety, That the citizen should have the right family to discuss public measures is true. That the people should be permitted pesceably to assemble and petition for a redress of grievances is undeniable. But there is a wide difference between the exercise of this right and the disloyal 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 us to the middle of its administration. The latter is based upon hostility to existing institutions, and ains at their forcible culversum. The sea that the government is bound to await the development of a conspiracy nutil the actors shall have perfected their plans and comtatted some of it act necessary to bring the m within the techtmal dehition of treason, is. to my mind, ab- surd. The object is not puraishment, but prevention. That the power is liable to almise is true, all discretionary powers necessarily are af. To decide against its existence because it is capable of excess would destroy all human government. The best miode to avoid liability to arrest is to be faithful. Na man who is truly and unequivocally loyal has ever been in danger of being molested by the National Government.
"Still it is possible that arrests may be improperly and unul- visedly made; and while A is my duty to co-operate with the General
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HISTORY OF DELAWARE.
Government in the maintenance of its authority, I will. 9! the same time, to the extent of my power protect peaceful amt loval citizens, whatever may be their political sentiments While, however, anch is my purpose in relation to them, it is ale my duty to take care that the State of Delaware what not be made the retuer of foreign trait- ore of domestic conspirators.
" That there has been frum the beginning of the rele tion % con- siderable number of our people ready to participate in around senest- ance to the lawtnl anthurities, whenever a bur opportun's should ec- cur. I hav .: no doubt. Sympathy with the Southern states in .sur- rertion is sympathy with the overthrow of the Nationd Gos srument. No man can hear with gratification of a reverse to our army who is not at heart a traitor.
" My predecessor, in an official communication, expressed the opinion that 'n majority of our citizens, if not in all ont counties, at but in the two lower ones, sympathize with the South,' Withont admitting the correctness of Inis estimate of numbers, I do not doubt of the ex. istence of widespread disinfection. That there has liven no one- break here is the result of want of opportunity. It is the duty of the executive, not only of the United States, but of this State, to tas" care that no opportunity shall be afforded. If, to secure the public peace and to prevent insurrection. it becomes necessity to arrest acy in- dividual within this Satte, whether he he a citizen of a non resident. I will not only assent to the act but will maintain it.
" Invested by the Constitution with no power of veto of review of the action of the Legislanuire, the Goveruur has a general conti lover the operation of criminal enactment-, and such control I will . verei-e to its utmost extent to protect any person acting under the authority of the President of the United St.des, or any citizen aiding such persoo in bringing to light any conspiracy, or in arresting any one Lully of dis. loyal priv tices or treasonable design- against the government.
" I shall issue my proclamation in conformity with these views. giv- ing to the people of the State of Delaware information of my intended Action.
" WILLIAM CANNON."
On the 11th of March he issued the following pro- clamation :
" To the people of the State of Delarcare :
"In a special message communi. ated to the General Assembly oo the third day of March instant I tutormed that body of my purpose to issue my proclamation in relation to the act entitled 'An art to pre- Vent illegal artests in this State,' and therem briefly set forth the rea- sons which impelled me to this conclu-jou.
" Its provisions are at variance with the interests of the State-calco- lated to lessen the estimation in which her people are held, as faithful to the guverument of the United states -- to embolden those who sym- pathize with the rebellion, and to discourage loyal men trum the per- formance of their duty, in discovering aud thwarting the designs of the emissaries of trea-on.
" To the end, therefore, that the evil operation of the enactment may be averted, and loyal citizens may feel secured in their etloris against foreign traitors and domestic conspirators. I, Wnham Canyon. Hover- oor of the State of l'elaware, do, by thus proclamation, emjom upon the goud prople of this State that they hold true allegiance to the gov- ernment of the United States as paramount to the state of Delaware, and that they obey the constituted authorities thereof before the Log- islature of the State of Delaware, or any other human authority what- soever.
" I further enjoin that they be vigilant in detecting any conspiracy against the National Government, and diligent in preventing aid and comfort to the public enemy ; that they promptly assist the national magistracy whenever invoked, and that they freely communicate any information which thay the better enable it to suppress ment rection or to intercept supplies designed for those in arms agunst ity authority ; and any one so acting I will save harmless from the operation of the stat- ute afuresaid, or of any other statute of like nature that may be eu- acted, so far as it shall be attempted to be enforced atminst him for faithfully discharging his duty to hus country.
" In testimony whereof I have hereunto set my hand, and caused the great seal of the said state to be athxed. at Dover, this eleventh day of March, in the year of our Lord, one thousand eight hundred and sixty-three, and of the state the eighty seveutb.
" WILLIAM CANNON."
On the same day the House adopted a joint resolu- tion referring the Governor's message to a committee of three on the part of the House, and two of the Senate. Messrs. Williams, Curtis and Waples were appointed on the part of the House, and on the fol- lowing day the Senate concurred in the House resolu- tion and appointed Messrs. Saulsbury and Tatum the committee on the part of the Senate. On the Isth of March the majority and minority report> of the com-
mitter were presented to both: Houses. In the Hoger the majority jebort was read, but the minority wis not. In the Senate both were read. The majority report censured the Governor. and declared him liable to impeachment ; the minority report reaffirmed hi- position. The subject then ceased to interfere with the deliberations of the Legislature.
The subject of illegal arrests, and soldiers interfer- ing with the people of the State in the exercise of their right of suffrage, was brought to the attention of the United States Sonate by Senators James .A. Bavard and WHkud can'sbury. On the 8th of De- cember, Mr. - aal bury offered the following resolu- tion :
" Resolver, That the Secretary of War be, and he is hereby directed to tofuim the Senate whether br J ilin Lis- and Whitely Meredith, or either of them, cittens of the State of Delaware, have been arrested and inir risoned i .. Fort Diaware , when they were arrested and so im- prisoreu : the charges against :lom ; vy whom made ; by whose order4 they were arrested and sepri- med ; and that he communicate to the Sonate ill paper> rel iting wo their arrest and imprisonment."
Mr. Saulsbary, in calling for the consideration of the resolution, said :
" These two gentiemen, one of whom resides in my own county, and the other not far off, in the whomning county, are known to me person- ally, and have been for a number of years ; and as their friends do not know of any just cause why they should be imprisoned in Fort Delaware or elsewhere, I have felt it my duty to rali for this information."
Mr. Wilson, of Massachusetts, opposed the adop- tion of the resolution, and in his reply in urging the resolution, Mr. Bayard said :
" I always supposed that the great value of this Government consisted in the fact that it afforded, beyond all other Governments, the best guar- dianship to the liberty of the individual citizen, Sir, what is the state of things now" The honorable senator from Massachusetts tells us that, in hi- opinion, the Government have forborne ; that some mistakes may has - been made in making arrests, but that they ought to have gone further than they have gone. The question dies But lie there. The question hies in the great principle that the liberty of the citizen ought to be protected against the Government except by public judicial inquiry on facts prima steis established by affidavit in order to justify his incarcerated, because incarnation is imprisonment, it is punishment. In no fre" Government can the citizen be arrested at the will of ant of- ficer-1 do not eure who the officer is, whether a Secretary of War or a Serretary of the Navy, or any subordinate to whom a secretary chooses to delegate the power ; and it is impossible to call the Government where such a power exists a free Government."
Mr. Solsbury, in further urging the adoption of the resolution, stated as follows :
"We do hold that a State situated as we are, where there has never been any attempt to resist Federal authority, should have some consid- eration in the American Senate. But, sir, I tell the Senate that at our last general election aimed soldiers were sent to every voting-place in the two lower counties of the State of Delaware. I am informed that this soldier: consisted of men from New York, from Pennsylvania and from Maryland, When I went to vote myself. I had to walk between drawn sabres in opier to deposit my ballot. Praceanje, quiet citizens, saying aut a word, on their way to the juille, and before they had got to the election ground, were arrested and dragged out of their wagons and carried away. Poarealde, quiet citizens were assunited at the polls. I do not, however, propose to discuss these matters now ; I may do so hereafter. I simply wish to call the attention of Senators to this fact, which distinguishes us from Stites that are in revolt : we bave offered no resistance to Federal authority."
Mr. Bayard further added,-
"The President of the United States-rightly or wrongly is immi- terial, I am not going " enter into that discussion -- has averted the right to dispense with the law which requires the hill 's corpus to be Issi'd th any case of guide ist artest. He has canard that right ; ho has a ver. tossi that right. He has openly, The high the Sex terug of War, 1-stedla fr . lamatton who h virtually subvert- this brovernment if car- ried out in practice; because the Secretary of War is auth mand to ap- point an indetante number of men, constituting a corps of prosent minshals, who are to have thisnight, in adlition to their nufitaty duties,
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351
THE CIVIL WAR.
to arrest any citizen throughout the country ou indefinite charges, and to call In military nid to sustain their action : and they are to jeputt to the central authority at Waslangton, and hold the fatty in cu-t dv sub- jeet to the orders of that central authority There is no law winch an- thorized such an organization as that. If the judiciary attempt to Hi- tervene, as in the case of the prisoner at Fort Warten, the bayonet of the mother prevents the serviceand the what ugent the military comomen- dant who has fue session of the prefer. The mudnury, the i, air furss - erless for redress ; and onder this assi ited right on the part of the Presi- dent, that feeldest department of the Government bring powerless to redress individual wrong, if the legislative branch, which is equally powerful with the executive, are not to interjose by calling for the in- formation, the facts and by the express not their . pomon, if it . Itt- essary, when the facts are refined to them, what protection has The citizen against the aggressions of executive power" Can a Lavernment be a free Government, where, when the judwang is set at debatue, the legislature onites in saying to the citizen : ' Yon shall have to investi- gation ; you may be arrested by others noknown to the law, Hulehnite in numbers, on offences unknown to the laws, not described, for disles.il practices, which may mean anything that an executive other please; you may be arrested not only by the offer of a tuuctionary at Washing- ton, who, from his position, may be supposed to hatte alality to eicher some discretion, bent yor may lees arrested at the discretion ci any one of his subordinate deputies, and an investigation is not to be made by any other tribunal than by an es parte return made in your absence, and without any power of investigation on your part, to the central all- thority at Washington ?' If the proclamation of the President of the 26th of September be carried out, and the general facts that have oc. curred taken as mintteis of history, that is the state of things and the power claimed by the executive. Sir, I oawider that puiwer a subver- sion of this Government. I coushler it also unnerentry ; and though the honorable senator says that winle we are engaged in war he would hot call for any account from the executive department for its artions, I subunit there is a wide distinction there. I am asking nothing in refer- ence to a continuation of the war. I am seeking not to embarmiss the Government in reference to the prierention of the war , but war rer- tainly can be in the present, as it has been in the past, prosecuted with- ont trampling upon the rights of the individual citizen at home, and in States which ate entitely untainted by anything like resistathe to the anthority of the Federal Government.""
The resolution was finally laid on the table by a vote of twenty-nine yeas and thirteen nays.
At the session of 1862-63 of the Legislature, James A. Bayard was re-elected to the United States Senate for the term of six years from March 4, 1863. The vote was Bayard, nineteen ; Bradford, ten.
On the 1st of January, 1863, President Lincoln issued a proclamation declaring freedom to all the slaves in the insurrectionary States, excepting Ten- nessee, some counties in Virginia and some pari-hes in Louisiana. The extent of the operation of the proclamation as regards the institution was as fol- lows: All the slaves in the border States of Dela- ware, Maryland, Kentucky, Missouri and Tennessee were exempted from its scope, and remained in bond- age, as before uuder the State laws. The gross num- ber which the prochunation recognized as slaves was 832,259. Gradual emancipation with compensa- tion was proposed by the President, and rejected in Delaware, Maryland and Kentucky, and held in sus- pense in Missouri in order to ascertain the action of Congress relative to an appropriation for that pur- pose. The appropriation failed to pass Congress, and the subject was dropped.
The first movement to secure the advantages of the proclamation was to bring the colored men into the field as soldiers. For this purpose the Secretary of War issued an order authorizing the Governor of Massachusetts to raise volunteer companies of artil- lery and emps of infantry which might include per- sons of African descent. In March, 1563, General Thomas' was sent to the Mississippi Valley to or- 1 General Lorenzo Thomas was born in New Castle, October 20, 1804, and
ganize colored regiments. On the 27th of January, a bill was introduced in Congress to authorize the President to raise 150,000 colored volunteers. The impulse thus given by the government resulted in bringing more than 50,000 into the field during the year. On the 1st of July the President issued an order declaring that the government would give the same protection to all of its soldiers, and that if the enemy should sell or enslave any one because of his color, the offense should be punished by retalia- tion upon the enemy's prisoners.
On October 26, 1863, an order was issued by the War Department extending the enlistment of colored troops to Delaware. In conformity with the order, and to carry the same into effect, recruiting stations were established by Governor Cannon at the follow- ing places: Wilmington, in New Castle County ; Smyrna, in Kent County ; Milford, in Kent County ; and Georgetown, in Sussex County. Major Lorin Barritt was designated as the recruiting officer to conduct the enlistments.
To inspire the colored men to enlist, three colored companies were sent from Philadelphia, and distri- buted throughout the State.
In the latter part of June, 1863, the people were again thrown into a feverish state of excitement by the news that the Confederate movement north would be through Delaware, and that Philadelphia was the ob- jective point of the enemy. Wilmington was especi- ally concerned in this movement, and Mayor Gilpin, realizing the situation, issued the following stirring appeal on the 30th of June, 1863 :
" Citizens of Wilmington :- The enemy is on the borders. From the latest advices it is evpient that he intends to jaish his fosters to Pbila- delphia, our neighboring city. It is more than probable that when he crosses the Mequehanna in fiore yim homes will be in danzer. Every impuls of patriotism and duty calls aloud to yon to organize and drill in compantes numediately. If not possible to defend our city against an overwhelming force, such organization will, at least, give a patriotic sense of security and enable us to co-operate with others who may as- sist us.
"I earnestly call upon every one capable of bearing arms to enroll himself in some military company and upon all those who have any experience or skill in the profession of arms to take the lead, organ- izing and drilling such volunteers as may be willing to serve in this emergency."
Gov. Cannon was equally prompt in comprehend- ing the situation and in urging every effort to main- tain the honor of the state and to repel the invading fue, if he should enter upon the soil of Delaware. July 1, 1863, he is-ued the following proclamation :
" A desperate enetny has invaded the brighboring States of Maryland and T'enn-ylvama, The Philadelphia, Wilmington and Baltimore Railroad, the main reliance of the Government for the transportation from the North of men and munitions of war, is menaced, not only by
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