The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1855-05-26

$40 @ ioil0"s - v Hth any person,
either citizen or 5 RANGER, has rendered
himself amenabIe 10 the legal process OF
botn governments. (the Federal and
State, the one which by its process ana
ITS officers frSl obta rs tie lawful Gust, DIV
OF such person, acquires priority 81 lurs.
dlcion which cannot be righttully Or le
galiy defeated BY the o'Ier, until tho pro
cess first attaching shall have been sa:ls-
fled or discharged =
Both these opinions are clear and unmi>
taxable, and there are no higher authori-
( ties known to cur laws or TO our iade,
incnts. Being unwilling, therefore, 10
! lead Massachusetts, into position hostile
to the harmony of tic conlederacy. which
IS essential 10 the permanent interests Of
the Commonwealth and the Republic, no
course is left me but to WITHHOLD my sane
ton from this bill.
i have no doubt that had it been report
ed at an earlier period in the session, it
would have been subjected 10 more care
iui scrutiny aud examination, and it's ob
Jectlonable provisions o5viated. There
is much OF good in it, but that cannot
atone for its evils There is much that
in accordance with the true doctrine Of
mans rights and State rights, Massachu.
sets might well face upon her statute
book, but that cannot authorize its illegal
and unconstitutional requirements.
trust and believe the Legislature will
not aci IN tbs case without deliberate re-
Election. Let il not hastily place itself
where, perhaps, it may wish 10 recede, but
without the power. An omi.s sion may
hereafter be supplied, hut the stigma Of an
unconstitutional enac ment can never be
entirely eilaced.
The rights, the honor and the integrity
OF massachusetts are confded to US. Hay-
ing sworn to obey her constitution and
that of our common parent, the United
States, let us act under the solemnity Of
those oaths, end in obc .ience to their re-
quirements.
Notwithstanding my earnest approval
OF many of the provisions Of this bill. for
The reasons given | am constrained 10
withhold my sanction.
HENRY J GARDNER.
CoMa lSwEALTu or MASSACHUSETTS.
Attorney General Office.
New Bedford, May 10.
TO HIS Ercelleney Henry j. Gardaer-
Shin consequence of my absence
from home. in attendance upon the Su
preme Court. your Excellencv's note Of
.4e .otD instant, accompanying copy o.
a bill pending before the Legislature, en-
titled AN act to protect the rights and
Liberties of the people of tits Common.
wealth, has only just reached me.
In reply to the request contained in il,
that will "advise You officially if any Of
the provisions of this bill are, in my Judy,
ment, unconstitutional, car only GIVE
the general result OF my examination Of II.
as an exten ed statement of The grounds
Of my opinions would necessarily POSTPONE
a communication beyond this days mail
and il would consequently not reach you
until after the probable termination Of the
/ session.
! must content myself, therefore. with
expressing in this communica ION the opin
/ ION which | entertain, that This bll is oh
noxious 10 very grave objections in many
particulars, and IS clearly repugnantt 10 tie
provisions Of the constitution of The Urited
| States.
Its inevitable tendency and If ct is TO
bring the courts oil the United States and
their officers into an irreconcilable conflict
with those OF the Commonwealth and i
| is virtual denial of the constitutional Oh
! legation which rests upon the Common
wealth, its officers and citizens, to recog-
nize the cons;itu ion 81 The United States.
and all laws made in pursuance thereof,
as the supreme law Of the lanl
In my judgment the bill is also excep-
tionable in some Of its provisions, as be-
ing beyond the cons Institutional competency
Of the Legislature. under the provisions Of
/ the constitution of the Commonwe alth.
1t attempts to conslrue and declare the
true intent and meaning OF the provision OF
the constitution. which subjects Judicial Of
fcers to removal by the Executive, upon
address by both branches of the Legi,la-
tire, and to declare the meaning OF the
Revised Statutes relating to the writ Of
habeas corpus.
In these respects il Gems 10 me TO be a
palpable violation OF that provision Of the
constitution of Massachusetts that .sthe
Legislative department shall never exer-
else the executive and judicial powers, or
either of them the Interpretation of the
constitution and laws being clearly Judi
cial and not legislative power.
The general views OF this proposed en-
actment, which regret have not time to
develop, as they are susceptible Of being
developed, into IA argument upon the spc
lcifc provisions of the bill, are sufficient TO
constraIn me 10 say, in reply to your Ex
celency' inquiry, that in my Judgment the