Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1855-05-26
Message of Gov. Gardner of MASSACHUSETTS.

OF TIE PERSONAL LIBERTY BILL.
CUUACiL CHAMBER, BosToN May p, 1856.
To the President q tke Sena:e:-
/ return herewith TO the Senate, in which body it
originated, bill entitled " An Act to protect the
rights and liberties of the people of the Common
wealth OF Massachusetts,"
Very many of its provisions have my hearty ap-
proyal. | desire to see in any and every way the
rights of the people of Massachusetts, protected and
will give my ready sancto on and aid to every mea-
that tends to accomplish that purpose without
violation of constitutional obligations, in conformity
with the principles laid down in my inaugural ad-
dress, that should " scrupulousy avoid such
ton as asserts looks to the maintenance of any
rights not clearly and constitutionaliy ours" have
taken solemn oath to support the constitution of
Massachusetts and the constitution of the United
States. No earthly power influence should in
duce ME to be knowingly disloyal to that sacred
obligation Those oaths of Office, the sober convic-
lions of duty and the fealty of an American Citizen
conspre To forbid it.
demonstrations! enactments tending to armed
conflict between our State and national systems of
government. which must result i'll the submission of
one, alike fatal whichever it is, should be equally
Stunned by judicious craftsmanship, as well pa
trotic duty. In such dclicately balaaced organza-
tons, the integrity of the should be preserved
as ZealouSiy the humiliation Of the other should
be avoided
The legal adviser given me by the statutes Of the
Commonwealth, in the opinion annexed to this COM
muncation pronounces the bill now before UNI
constitutional in some of its provisions. The Su-
preme Judicial Court also, in an opinion signed by
all its justices, in reply to question propounded to
them by myself, state as follows" When any per-
son, either citizen stranger, has rendered himself
amenable to the legal process of both governments
Qhe Federal and State) the one which by its pro-
cess and its officers first obtains the lawful custody
Of such person, acquires priority of jurisdiction
which cannot be rightfully or legally defeated by
the other until the process first attaching shall have
been satisfied or discharged"
But these opinions are clear and unnistakablc
and there are higher authorities known to our
laws to our judgments. Being unwilling, there
FORE to lead Massachusetts, into position hostile
the harmony of the confederacy, which is essential
to the permanent interests of the Commonwealth
and the Republic, course is left ME but to with
hold my sanction from the bill.
I have doubt that had it been reported at an
earlier period in the session, it would have been SUBJ
ected to careful scrutiny and examination, and
its Objectionable provisions obviated. There is much
of good in it, but that cannot atone for its evils
trne of mans rights and State rights, Massachusetts
might well place upon her statute book, but that
cannot authorize its illegal and unconstitutional re-
quirements
trust and believe the Legislature will not act in
this case without deliberate reflection. Let it not
hastily place itself where perhaps, it may wish to
recede, but without the power. An omission may
hereafter be supplied, but the stigma of an uncon
sttutional enactment be entirely effaced.
The rights, the honor and the integrity of Massa-
chusetts are confided to u.s. Having sworn to obey
her constitution and that of common parent the
United States let act under the solemnty of those
oaths, and in obesance to their requirements.
Notwithstanding my earnest approval of many of
provisions of this bill, for the reasons given l am
constrained to withhold my sanction.
HENRY j. GARDNER