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

I
oldBay State and made her EvERETTs and
CHoATEs hang their heads in shame To
conciliate the honest but misguided voters
of Indiana he tried as well as lhtoRuld to as
sumo the livery of heaven; bdt fhe hoofs
and horns were too apparent, and the un-
scrupulous Aboiitionist hateful in the sight
of God aud all good angels, was betrayed ;and
this attempt Of . foreign intruder to p9'son the
popular mind of Indiana will meet with sccrn
and execration from all patriotic men.
From the Boston Daily Advertiser.
Fealty to the Constitution of the
United States.
We lay before our readers this morning a
copy of the letter to which we alluded sew
eral days since, addressed by Hon. R. A.
Chapman, of Springfield, to his Excellency
Governor Gardner, declining the appoint-
ment which the Governor had rendered him.
to be Commissioner under the personal hber-
ty act, passed at the recent session of the
Massachusetts, legislature The subject SEEM
ed to us to possess such general interest and
importance that we requested to be furnished
with copy of the letter, and are gratifed
to have the pleasure of laying it before the
public.
The duties of the Commissioners proposed,
to be appointed, are defined in the seven
teenth section of the personal liberty act
wherein it is provided that ''the Governor
by and with the advice and consent of the
Council, shall appoint in every county one Or
more Commissioners, learned in the law,
whose duty it shall be, in their respective
counties, when any person in this State is ar
reste or seized, CT 21Dser of being arrested
or seized, as fugitive from service or labor
on being informed thereof, diligently and
faithfully to use all lawful means to protect,
defend and secure to such alleged fugitive,
fair and impartial trial by jury, and the benefit
of The provisions Of this act" Now what is
here called ''the benefit Of the provisions of
this act" as our readers we'll know, is the
benefit supposed to be derived from at
tempts in the name of the State of Massa-
chusetts to thwart the execution of the laws
of the United States. Some of ''the provi-
sions of this act'' contrary to the Constitution
of the United States, and some are believed
by no less distinguished a State authority
than our own Massachusetts, Attorney-G Gen.
eral, to be contrary to the Constitution of
Massachusetts.
We have not heard of the appointment of
any other commissioners, and we believe that
none have been publicly announced Mr.
Chapman's answer to the Governors appoint
ment was manly prompt, and patriotic.
The remarks of Mr.. Chapman upon the
character of the Statute, as an attempt at
nulliication,' and its Objectionable features
in other respects, will commend themselves
to the Judgment of the reader. whom we will
not longer detain from the letter itself, al
though the subject suggests further remarks,
which we had designed to make.
SPRINGFIELD, June 11th, 1856.
SIR:-I have the honor to acknowledge
the receipt of your Excellency's Commission
appointing me to the office of Commissioner for
the County of Hampden, under the act enti-
tied "An Act to protect the Rights and Lib
critics of the People Of the Commonwealth of
Massachusetts," passed by the Legislature at
their late session.
deem it my duty to inform your Excel
lency that / have for many years held, and
still continue to hold the office of Commits
sioner of the Circuit Court of the United
States; and it being an Office which, in my
opinion, it is proper and honorable for any
good citizen of Massachusetts to hold, and il
being convenient and useful to the public tha;
there should be such magistrate residing in
this place, did not resign the Office within
ten days after the passage of the act above
referred to, nor have |, at present any inten
ton to do so.
L have carefully read the act and beg leay,
to call the attention of your Excellency t
the 18th and 14th sections, which are as fol
lows
SEC 13. No person who holds any offic'
under the laws OF the United States, whicl
qualities him to issue any warrant or othe
process. or to grant any certificate under tn
Acts of Congress named in the ninth section
of this act, or to serve the same, shall at tn
same time hold any Office of honor, trust, o
emolument, under the laws of this Common
wealth.
SEC. IA. Any person holding any judicia
Office under the Constitution or laws of thi
Commonwealth, who shall continue for tel
days after the passage of this act, to hold tn
office of United States Commissioner, or an
Office under the laws of the United State,
whic ch qualities him to issue any warrant c
other process or grant any certificate unde
the acts of Congress named in the ninth sec
llOu VI tutS dCl, Sildll Dc Otciutu W HdNO VIZ
lated good behavior, to have given reason fc
a loss of public confidence, aud furnished SUI
ieient ground either for impeachment or re
mOval by address.
Thus by the act ITSELF under which l hav
had the honor to receive your Excellency
: commission, | am declared to be disqualifie
to hold any office of honor, trust, or emoll
,, ment under the laws of this Gotnsao m " ealtl
to have violated good behavior; to hay
given reason for loss of public con6denc
and furnished sufficient ground either for in
s peachment or removal by address from Il
A office of Justice of the Peace, which al
n hold. While / am sincerely grateful to yo
IS Excellency and the Hon. Council for the co
e fidence in my integrity which the commissic
of expresses, my duty to the appointing pow
n as well as to the public and to myself, seer
n to me to require that | should not accept
If office under law of such character.
Al Even if ii were in my power to remove al
5. objection to my appointment, by resignat
lie Of the Office of Commissioner of the u.
N Court at this late day, could not, with n
l. present views of duty, do any act whi
would imply an obligation to regard this Il
10 as valid. | am under the obligation of
Ell oath to support the Constitution of the Unit
ID States and the Constitution of Massachuset
he and this act palbably and grossly violates be
to Its obvious purpose is to nullify law of t
IN United States. Its most important provisic
3 cannot be enforced without a direct conf
re with the Courts and officers of the Unit
re States, and in case of such collision, the ci
3? zen of Massachusetts, who obeys this la
ge can have no immunity from punishment I
II, der the laws of the United States, except
nd a revolutionary movement which shall pr
Of trate the power Of the United States will
MT this Commonwealth. Neither my views
1'c duty nor my inclinations will lead me to
ed gage in any such proceedings, nor to enco
nd age any of my fellow citizens to do so.
Nv Nordo | believe that the intelligent a
''o candid citizens of Massachusetts,, or of
We United States generally, feel any sentim,
W of respect towards notification in any of
US FORMS In whatever shape it has appear
'e and in whatever part of the Union, ii has bt
,ai ridiculous and contemplate. The idea
II, remaining in the Union, swearing to supp
iai its Constitution, and enjoying the benefit