The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-07-15

The Personal Liberty Act OF Massachusetts.
II mas already beeu amour ed that Hon. R. A.
Ohsp%an; o. Springfield, has declined an appoint
sioner under the personal liberty act. We and in
the Boston AdUerfiser his letter OF declinasion.
which 10 . pquant and forcible commentary upon
shameful act. Mr. Chapman points ont to his Ex.
celiency the fact that ne still continues to hold the
Office Of Commissioner Of the Circuit Court Of the
United States: whereas the personal liberty act,
hibits any person holding this Office from holding
"any Office Of honor, trust or enolument under the
laws OF this commonwealth" Furthermore, the
same obnoxious act declares that any person hold
ing al judi ial Office under the constitution or la VS.
OF this cOmmoa wealth, VINO snall continue for ten
days after the passage Of the act TO hold the Office
OF United States Commissioner, "shall be deemed
TO have violated good behavior, to have given
reason for loas OF public confidence, and furnished
sufficient ground either for i'm parchment or removal
by address," As Mr.. Chapman comes within this
sweeping category, having neglected to resign an
Office whi,h, in his opinion, 1T ia proper and
honorable Ior any good citizen of Massac nusetts to
hold" while a. the ame time he holds q commits
zion % Justice Of the Peace under the laws Of the
appointing power, as well as to the public and to
himself, Nseems to require thst he should not
acce ut an Office under IL v OF such character"
The following extract from bis letter is pointed
and forclble
Even it were in my power to remove any objection
missioner the u s. Court at this late day. could not
with my present views of duty do any act which would
under the obligation Of oath to support the Constitu
to Of the United States the Constuton Massa-
both ia Obvious purpose Is Is nulHfy Law Of the
United States Its most important provisions cannot
be enforced without direct conflict with ths Courts and
officers Of the United States and in OF such COLT
son the citizen Of Massachusetts, who obeys this law,
can have immunity from punishment under the laws
q, vhsh s
States within this Commonwealth Neither my views
of duty my inclinations will lead me 10 engage in
such proceeding nor to encourage any OF fellow
Nor do believe that the intelligent and candid cti
zens OF of the United States generally
feel any sentiment of respect towards nucati0n in
any of its FORMS In whatever shape 1t has appeared,
ious and contemplate. The idea of remsining in ths
Union, swearing to support it's constu ton. and enjoy
ing the benefit of its laws 40 far they are agreeable
to u.s. and at the same time multiplying those which dis
pleases us, find peace in the nd of any honor
able Every patriotic citizen Of to
Of her as the hindmost follower Of her lame aud
csssfu predecessors In this disrepusble path. II an
occasion shall arise or II indeed it has already assen
deral government let provide for the exigency in
manly way; such 40 shai be In accordance with the
high character that Massachusetts, has always maintain
ed in her devotion to- liberty and right and trust
shall not be behind any Of her citizens in sustaining her
cause.
But such an exigercy cannot be met-such o duty
cannot be discharged by the enactment of petty annoy
ances to be thrown in the way OF the United States
Courts while administering the law; by prescribing Pc
naes for obedience to the laws Of the United States
which the courts Of Massachusetts, would under
take to enforce them, could be easily avo ded ny s
peal to the courts Of the United States requiring
Of the citizens of the performance Of ac
which expose them to shment under the laws Of the
United StatAs and furnishing adequate force to pro-
tecs them frcn such punishment and those astfuI
politicians who have whsedled the Legislature into the
enactment Of such provsons deserve the seversit
prehension
The entitled An act to protect the rights and
liberties Of the people Of the Commonwealth OF Massa-
chuses yet the most that it attempts to do in rela
ti0n to their rights and liberties, il to violate them.
The constitutional provisions indicated by your Elk
eeency in your veto OF the BILL and in the letter OF the
Attorney General which accompanied It, clearly Of
this character Those who thnk to protect rights
and liberties by violating the constitution which
them but poorly qualified for the trust Of protecting
them represent the intelligence the WISDOM
or the patriotism Of the Common wealth.
Mr.. Chapman notices some other Questionable
features Of the act and says "the act is apparently
designed to aid persons who may be Claimed as
fugitive slaves; but while 1t has no efficiency to
rescue such persons from the authorities of the
United States, and its m0st important provisions
con be OF no service to Thorn, it cannot fat to de-
stroy mach of the benign moral Influence that
might otherwise exert in the cause Of
human freedom" He expresses the nope that
Massachusetts, will do herself the justice to remove
this stain from her statute book.