Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1855-01-09
GOVERNORS
INAUGURAL ADDRESS
LEGISLATURE OF MASSACHUSETTS

1 SSc 4DL tue OF ultleS IuOSL pOI-
tant. Placed in our present official relations
! by popular movement alike peculiar and
significant, we cannot easily mistake, nor safe
! " neglect, our duty as public servants
| Prompt and decided action is called for by
| just respect for the public will, and by be-
coming regard for the grest democratic virtue
OF frugality in expending he public treasure.
| brief session may save fifty thousand dol
lars to the treasury, and in this hour of finan-
cIal embarrassment and pecuniary want, do
much to relieve the general anxiety and dis
tress. Such an example on your part, will be
noble rebuke of that widespread extrava-
! gance, public and private which is the great
cause of the prevailing business disasters and
| depression,
To shorten the session, and at the same time
establish a permanent rule for the future,
| which shall suitably subordinate private bust
ness to public duty, l recommend the passage
of standing law that no private petition
| shall hereafter be received by either branch Of
the General Court, except by unanimous con-
sent Of both branches, after the second week
| of any session Of the Legislature, and that no
such petition, nor any matter of mere private
concern, be acted upon after the sixth week Of
any such session.
One Of the first subjects that will demand
your action, is the disposition to be male Of
certain amendments Of the Constitution, seven
in number, proposed by the General Court of
1854, and referred to you. 1t is fairly re-
sumable that every member of your body is
now fully informed aud ready to act upon
each and all Of these amendments. There
seems to be no reason why such Of them as
are worthy Of your sanction should not be at
once approved, aud sent forth to the people,
to by them adopted OF rejected, at their an
nual town meetings in March and April next.
Other and vet more important Constitution
al changes are demanded by the public safety,
and by an unmistakeable public sentiment.
1t may be affirmed as the opinion of intelli-
gent American patriots, that no man. native
or alien, should be allowed to vote, or be ell
gible to any Office, who is so ignorant that he
cannot vote, or who is so lost to self respect
as never to have read the National and State
Constitutions; that no alien resident should
be allowed to vote or to hold any Office uu-il
be has dwelt so long in oar midst a 10 have
become imhued with the spirit. aud familiar
with the principles, Of our political and s1,azEl
systems, nor even then, unless his s0zdaE1 las
proved him to be an orderly and Las=rrlzz
member of society; and that no Fs-ssl- E.E-
tive or foreign, should hold any Slzts coz1-
ty, or town Office, until he has CT 0s1A So
EMMY declared that he owes and aeE1 os--
edges no allegiance or duty, ooe55e1e - q sub.
mission, to any foreign prince. power. aC.sz-
tate, Of jurisdiction whatever.
To reduce these obvious American trl:h. 70
practice, will require some c0u-titatlo-zl
amendments, although most Of then nav be
at once enforced by law.
You have now the power TO prori4e by stat
ute that every public officer Of State. couHfy
or town. except Governor. Lieutenant 9 0r-
ernor, Councillor, Senator aud ReDressutz-
tive, shall take the oath which have deserib.
ed that in no elections except those OF Cor.
ernor, Lieutenant Governor. Senator o. Rep
resentative, shall any man vote, OF be voted
for, who is so ignorant that he cannot read. OF
is unaequainted with the Federal OF State
Constitution, or who is not native Of the
United States, or Who If born elsewhere, has
not resided at least ten years in Massachu-
sets, and always deineaned himself as z good
and peaceable mem er of society.
1 recommend that without delay such stat
utes be enacted, and that such constitutional
amendments be approved and sent over to the
next General Court, as shall make the same
changes in the oaths and qualifications Of the
officers and electors above particularized as
exceptions to your power. No election, and
no officer, civil or military, executive iegisla.
tive, judicial, or administrative, whether aD.
pointed by the executive, or by any public
body, board, or tribunal, or chosen BY the
people Of the State or OF any part thereof
should be exempted from these provisions of
the constitution and law. As the teachers in
our public schools are public officers, whose
influence is Of unspeakable extent and impor-
lance, they should be, by all means, il cluded
in these measures of reform.
Two other subjects, because specially in
volved in the recent election, have special
claims on your attention. One OF them re.
latn - 60, - Il ~
ufacture and sale Of Intoxicating drinks.
In Massachusetts, it should be presumed
that every human being is free Every pri-
vate citizen, every officer created by our law,
every tribunal of the State, should, by express
statute, be required to act upon this presump-
ton, and give it the fullest effect. No claim,
adverse thereto, should be favorably regarded,
or allowed, except on plenary proof, heard
and allowed to be conclusive by full Jury of
the yicinage. Every unsuccessful attempt to
enforce such a claim, should be made and pun
| ished as a felony.
While Congress claims the right to legislate
I on the rendition of fugitive slaves, no State
tribunal. and no State officer as such, whether
civil or military, should be allowed, on penal
! ty of forteiting his commission, ana of disfran-
chisement to take part in enforcing or adj
ministering any act of Congress, or any pro-
cess of the Federal Courts or Commissioners,
relating thereto.
The writ of habeas corpus, in all cases
ofdetention arising under such federal act or
process, should be made writ of absolute
right, not TO be refused under the heaviest be.
cuniary, personal and official penalties,-de-
mandable Of any and every Judge and Justice,
supported and enforced at the States ex-
pense by its entire power, civil and military,
| the question of law and fact therein inyoly-
ed to be heard aud tried, like any criminal
case, by jury alone. Massachusetts must
no lon Ger be made bunting ground for hu.
man game.
In this connection, l would respectfully
urge upon you the necessity of restraining by
precise enactment, any further judicial en-
croachment upon the rights and powers Of iu-
ries, by declaring that in all criminal trials.
the jury alone are the judges Of both law and
fact, aud are no more subject to the opinions
or rulings of the court concerning the consti
tuition and law, than they are bound by the
| Judicial summing up of the evidence in such
cases.
Without some such legal safeguard. our
boosted right of jury trial is an empty boast.
The public sentiment Of our Common wealth
is hostile to the manufacture aud sale of in
toxicating liquors. 1t is healthy and hon
orable sentiment. AT no period in our histo.
ry, as Colony, Province or State, has our stat
ute book been free from enactments expres
| aawF ~ -.