Weekly Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1853-1861, 1855-07-26

at the same time nulhfying those which dis
please us, can find no place in the mind o
any honorable man. Every patriotic citizer
of Massachusetts,, to whom the honor of he
name is dear, will blush to think of her a:
the hindmost follower of her larne and un.
successful predecessors in this disreputable
path. If as occasion shall arise, or if it has
indeed already arisen when it is our duty to
resist the aggressions of the Federal Govern
ment, let us provide for the exigency in a
manly way, such as shall be in accordance
with the high character that Massachusetts,
has always maintained in her devotion TO lib
erty and right: and trust l shall not be be-
hind any of her citizens in sustaining her
cause. But such an exigency cannot be met
such duty cannot be discharged, by the en-
actment of petty annoyances TO be thrown in
the way of the United States Courts while
administering the law; by prescribing penal
ties for obedience to the laws of the u. States,
which, even if the Courts of Massachusetts,
would undertake to enforce them, could
be easily avoided BY an appeal TO the Courts
Of tie Limited States, nor by requiring of the
citizens OF Massachusetts the performance Of
acts which expose them to punishment un-
der the law OF the United States, AMI fur
nishing no adequate force to protect them
from such punishment And those artful
politicians who have wheedled the legisla
ture into the enactment of such provisions
deserve the severest apprehension.
The act is entitled "An Act TO protect the
Rights and Liberties of the People of the
Commonwealth of Massachusetts," Yet the
most that it attempts to do in relation to their
rights and liberties is to violate them. The
unconstitutional provisions indicated by your
Excellency IN your veto of the bill, and in
the letter of the Attorney General which ac-
companied it. are clearly of this character
Those who Think to protect our rights and
liberties by violating the Constitution which
secures them, are but poorly qualified for the
trust of protecting them, and do not represent
the Intelligence, the wisdom, or the patriot
ism of the Commonwealth.
Where the tdoes not absolutely violate the
rights of the people by unconstitutional pro-
visions, it attempts to embarrass them. Ev-
cry citizen has the right to avail himself of
the laws of the United States when occasion
requires; and in every week and almost every
day that passes, some of our citizens have
occasion to avail themselves of these laws
through the agency of the United States
Commissioner. Yet this act seeks to deter
every citizen from holding this Office, while
at the same time it does not contemplate
secession, but processes to exist under allie
glance to the United States, and was voted
for by those who had sworn such allegiance.
Ii the Commissioner holds an office under the
government of the State, it proposes to punish
him by an unconstitutional removal; but if
he hold no such Office, it assails him with
rude vituperation. If it could, by these means,
prevent every citizen of the State from hold
ing the Office of Commissioner, the only eff
feet would be to compel the Circuit Court to
select these officers elsewhere; to embarrass
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 fea-
lures of this act, | beg leave to mention one,
which adopts a principle acted on only by
despotic governments of the most arbitrary
character, but repudiated by every republican
government and by every monarchy that al
lows to the people any decent measure of
legal protection. | refer to the right to re-
tain and employ counsel, and the right of
counsel to be retained and employed in the
prosecution and defence of cases in Courts of
law. | venture to assert that this right is one
of the essential and necessary safeguards of
law and liberty. 1t must be secured 10 every
person, even to criminals of the worst char
acter; otherwise there can be no reliable Sc
curity for the just and proper administration
of the laws of the land. But this act assumes
that the people hold this right at the pleasure
of the Legislature; and that party having
temporary power in that body may pass sta
tutes depriving the citizen of its enjoyment
IN cases where it may be obnoxious to them.
The act is apparently designed to aid per
sons who may be claimed as fugitive slaves
but while it has no efficiency to rescue such
persons from the authorities of the United
States, and Its most important provisions can
be of no service to them, it cannot fail to de-
stroy much Of the benign moral influence that
Massachusetts might otherwise exercise the
cause of human Freedom. / trust that youl
Excellency's strong and patriotic protest
againstit will not remain long unheeded and
that Massachusetts, will do herself the Justice
to remove this stain from her statute book.
Entertaining the views above expressed,
respectfully decline to accept the Office which
has thus been offered to me.
/ am with great respect, your Excellency':
obedient servant r. A. CHAPMAN.
To His Excellency HENRY j. GARDNER
Governor of the Commonwealth of Massa
chusetts.