Burlington tri-weekly hawk-eye. [volume] (Burlington [Iowa]) 1852-1855, 1855-05-30
MESSAGE OF GOV. GARDNER or MASS.
VETO or THE Personal LIBERTY BILL.
CoUxcIL CHAxBsR, BosroN,

AZ ~ ~ WV OAnA1N En- ~ MA30s
VETO OF THE Personal LIBERTY BILL.
CoUxcIL CnAHBsR, BosroN,
May 2lst, 1855.
TO the President Of the Senate:
return herewith to the Senate, in which
body it originated, bill entitled Gan Act to
protect the rights and liberties of the people
Of the Commonwealth Of Massachusetts
Very many Of its provisions have my hear
ty approval. desire to see in any and ev-
cry way the rights of the people Of Massa-
chusetts protected, and will give my ready
sanction and aid to every measure that tends
to accomplish that purpose without violation
Of Constitutional obligations, in conformity
with the principles laid down in my inaugu-
raj address, that we should scrupulously
avoid such action as asserts or looks to the
maintenance of any rights not clearly and
cons titutionally ours.'
have taken solemn oath to support the
constitution Of Massachusetts,, and The con-
stitution Of the United States. No earthly
mower or influence should induce me to be
knowingly disloyal to that sacred obligation.
These oaths Of Office, the sober convictions
of duty, and the fealty Of an American citi-
zen, conspire to forbid it.
Unconstitutional enactments tending to an
armed conflict between our State and nation.
al systems of government, which must result
in the submission of one alike fatal which
ever it is, should be equally Stunned by iu-
dlcious craftsmanship as well as patriotic du-
ty. In such delicately balanced organizations
the integrity of the one should be preserved
as zealously MS the humiliation Of the the 9TH
er should be avoided.
The legal adviser given me BY the statutes
OF the Commonwealth, in the opinion annex
ed to tn s communication, pronounces the
bill now before me unconstitutional in some
of its provisions. The Supreme 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 person, either citizen or stranger, has
rendered himself amenable to the legal pro-
cess Of both governments" (the Federal and
State "the one which by its process and its
officers, first obtains the lawful custody of
such person, acquires priority of iurisdic-
ton which cannot be rightfully or legally de-
feated by the other, until the process first at
taching shall have been satisfied or discharg.
ed.''
Both these opinions are clear and unmis-
taxable; and there are no higher authorities
known to our laws or to our judgements
Being unwilling, therefore, to lead Massa-
chusetts into position hostile to.the harmo-
ny Of the confederacy, which is essential to
the permanent interests of the Commonwealth
and the Republic, no course is left me but to
withhold my sanction from this bill.
have no doubt that had it been reported
at an earlier period in the session. it would
have been subjected to more careful scrutiny
and examination, and its Objectionable pro-
visions obviated. There is much Of good in
1t, but that cannot atone for its evils. There
is much that, in accordance with the true
doctrine of mans rights and State rights,
Massachusetts might place upon her statute
book, but that cannot authorize its illegal and
unconstitutional requirements.
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 unconstitutional enactment
Can never be entirely effaced.
The rights, the honor and the integrity of
are confded to us. Having
sworn to obey her constitution and that Of
our com non parent, tho United States, let
US act under the solemnity Of those oaths,
and in obedience to their requirements.
Notwithstanding my earnest approval Of
many Of the provisions Of this biz, for the
reasons given | am constrained to Withhold
my sanction.
HENRY j. GARDNER.
COMMONWEALTH OF MASSACHUSETTS,
Attorney Generals Office.
New Bedford, May Ii.
To HIS Ercellency Henry J. Gardner-
SIR-ln consequence of my absence from
home, in attendance upon the Supreme Court,
your Excellency's note of the 18th inst, &C.
a copy Of bill pending before
the Legislature, entitled Gan act to protect
The rights and liberties Of the people Of this
Commonwealth" has only just reached me.
In reply to the request contained in it. |
that will, "advise you officially if any of |
the provisions of this bill are, in my iudc-
nent UNCONSTITUTIONAL can only give the
general result Of my examination Of it, as an
extended statement Of the grounds Of nv
opinions would necessarily postpone COM
beyond this days mail, and it
would consequently not reach you until after
he probable termination Of the session.
must content myself, therefore, with ex-
pressing in this communication the opinion
which entertain, that this bill is obnoxious
o very grave objections in many particulars,
md is clearly repugnant to the provisions Of
he constitution of the United States.
Its inevitable tendency and effect is to bring
he courts of the United States and officers in
Q an irreconcilable conflict with those Of the
and it is . virtual denial Of
he constitutional obligation which rests upon
be Commonwealth, its officers and citizens.
0 recognize the constitution of the United
'tates, and all laws made Pursuance thereof
> the supreme law of the land.