The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-07-18
NuLLIFrcArroN in MASSACHUSETTS.

well understand how law which purports dishonor
and disanchise everybody who obeys the constitution
every section of which ebution of reasonable spite
and which goes the unheard-of length Of furnishing
any member of the bar who shall counsel in ques-
ton of the rights of any citizen of the Southwe did
see how such law could be deprived Of efficiency by
Gov Gardner il he had the disposition, the SUPPOSE
ton of which conradiced by his notorious abolition
corporation with Senator Wilson We have the end
of doubt The duty Of Governor Gardner in executing
the appoint certain commissioners BY APP
pointing them he nuled the act and by appointing them
he executed far he had the power One of the gem
tiemen whom he appointed has written the following very
remarkable letter:
SPRsGFIELD, June III, 1856.
| SIR have the honor to acknowledge the receipt of
your exeeencys commission appointing the Office
of commissioner for the county Of Hampden under the
entitled An act to protect the rights and liberties Of the
people of the Commonwealth of Massachusetts, passed by
the legislature at their late session
deem it my duty inform your excellency that have
for many years held and still continue to hold the Office
of commissioner Of the circuit Of the United States
and il being Office which, in my opinion, it is proper
and honorable for any good citizen of Massachusetts
hold and ii being convenient and useful TO the public
that there should be such magistrate residing in this
place. did not resign the Office within ten days after the
passage Of the act above referred TO- have ut present
any intention to do so.
have carefully read the act and beg leave to call the
which follows.
SEC i3 No person who holds any Office under the laws
of the United States which qualities him to issue any
other process TO grant any certificate under the
of Congress named in the ninth section Of this act
the same shall at the time hold any Office Of
honor trust emolument under the laws OF this Com
monwealth.
CSC a. Any person holding any judicial Office under
the constitution or laws OF this Commonwealth, who shall
continue for ten days after the passage OF this act to hold
the office of United States commissioner, any office
der the laws of the United States which qualities him is
any warrant or other process grant any certificate
under the of Congress named in the ninth section Of
this shall be deemed TO have violated good behavior to
have given for loss of public confidence and fur
ashed sufficient ground either for impeachment or removal
by address"
Thus by the ITSELF under which have The honor to
receive your exceencys commission, declared 10 be
disqualified to hold any Office Of honor, trust emou-
under the laws of this Commonwealth TO have yio-
lated good behavior to have given for loss OF public
confidence and furnished sufficient ground either for inn
parchment removal by address from the Office of Justice
of the peace which | also hold While | ana sincerely
grateful your excelency and the honorable council for
the confidence in my integrity which the commission
presses my duty the appointing power well to the
public and TO myself seems 20 me TO require that should
not accept office under law of such character.
Even if it were in my power to remove any objection 20
my appointment by resignation Of the Office Of commits
sioner of the United States conrt at this late day, could
not with my present views Of duty do any act which would
imply obligation to regard this law valid. am
der the obligation of oath 10 support the constitution
of the United States and the constitution of Massachu-
ses and this act palpaby and grossly violates both Its
obvious nuIlIy law OF the UHlleu
It's important provisions cannot be enforced without
direct conflict it'll the courts and officers of the United
States and of such collision the citizen OF Masa-
chuset,s who obeys this law have immunity from
unsbnant under the laws Of the United States except by
revolutionary movement which shall PROSTATE the power
OF ne Uaed States within this Commonwealth Ne''hsr
my views of duty rr us ncnaons VIII lead me 70 en-
gage any such proceeding, nor TO encourage any OF my
ieilowcitizens 10 do so es '
Nor do believe that the intelligent and candid citizens
of Massachusetts or of the United States generally feel
NJ
forms Ia whatever shape it has appeared and IN what
ever part of the Union it has been ridiculous aud conemp
tble The idea of remaining in the Union swearing TO
support its constitution, and enjoying the benefit OF its
laws far they agreeable TO u.s. and at the same
time multiplying those which dispease us can lind no place
in the mind Of any honorable Every patriotic citl-
zen of Massachusetts whom the honor OF her name is
dear viii blush to think of her as the hudmost follower OF
her lame and unsuccessful predecessors in this
path II any occasion shall arise II 1t has indeed al
ready when it is duty to resist the aggressons
of the federal government let provide for the exgcncy
in a manly way, such shall be in accordance with the
high character that Massachusetts, has always maintained
in her devotion to liberty and right; and trust shall
be behind any Of her citizens in sustaining her cause
But such exgency cannot be met such duty cannot
discharged by the enactment OF petty annoyances to be
thrown in the way ofhe United States courts while ad-
mnsterng the law BY prescribing penalties Tor obed-
the laws of the United states, which even Al the
courts of Massachusetts, would undertake to enforce tne
beeasy avoided appeal the courts United
States by requiring of the citizens of Massachusetts
the performance of acts which expose them to punishment
under the laws of the United States and furnishing adj
equae force protect them from such punishment And
those nrtfu politicians who have wheeded the legislature
the enactment RI ch provisions deserve the severest
apprehension.
The is entitled An TO project The rights and lib
critics OF the people of the Commonwealth or Massacnn
etis' Yet the that il attempts to do in relation to
their rights and liberties is to violate them The nnconst
uonal provisions indicated By your exceency in your
of the bill and in the letter of the attorney general
which it, clearly Of this character Those
who think protect rights and liberties by violating
the constitution which them but poorly quail
fed for the OF protecting the and do not represent
the intelligence the wisdom, the patriotism OF the Com
mon wealtb.
Where the net does uot absolutely violate the rights of
the people by Unconstitutional provsiopg il attempts to
them Every citizen has the right TO avail him
self laws OF the United States when occasion
quires and in every week, and almost every day that
passes Of citizens have occasion to avail them
selves Of these laws through the agency OF the United
commissioner Yet this act seeks to deter every cit
zeu from holding this Office while at the time it does
contemplate secession but prosses to exist under al
egance United States and voted for by those
VINO had such allegiance II The commissioner holds
Office under the government OF the State /. PROPOSES
punish him by unconstitutional removal; but if he
holds such office it assails him with rude vuperation
II conld by these preyeat every citizen OF the State
from holding the Office OF commissioner the only effect
would be 10 compel the circuit TO select these officers
elsewhere to embarrnss the people OF this State IN the
prosecution and defence Of very important legal rights and
TO leave many criminals TO escape from justice
Without noticing all the Objectionable features OF this
act beg leave mention which adopts principle
~ character but repudated by every republican govern
NV, INV hat IN ~