The American patriot., 1855-08-11

sors in this dasreputa6le poth If an occ,..
shall arise, or if it has already arisen Ssoa wSaa
is our duty to resist the aggressions of tho NJ
cy in manly way, such as shall be in acsal ssu'
dance with the hig gh character that MasssvoShof svSof
sets has always maintained in her deyot;oaua
liberty and right: and trust l shall not oa |
behind any of her, citizens in SUSTAINING "
cause, But such an exigency cannot rs ~
charged by the enactment of petty annov.na
to be thrown in the way of the United St..
courts while administering the law: bv MY
scribing penalties for obedience to the law IT, y
the United States, which, even if THE courh \
Massachusetts, would undertake to eerd,fs%S er,fsc,s
them, could be easily avoided by an appeal y 1
the courts of the United States nor by reons
ing of the citizens of Massachusetts, the r ~.
formance ofacts which expose them to punis
ment under the laws of the United States AM
furnishing no adequate force to protect A,s !
from such punishment and those arttnl M l
Hticians eoho hare acheedled the Legislot~,
into the enactment Of such provisions dese.
the sererest reprehension.
The act is entitled AN act to protect n.
rights and liberties of the people of the Com
monwealth of Massachusetts; !" yet the mos
that it attempts to do in relation to their rpM'
and liberties is to violate them. The. upcm
stitutional provisions indicated by your ExaL
lency in your veto of the bill, and in thelettr
of the Attorney General which accompanied
are clearly of this character Those scho thial
to protect our rights and liberties 5y ciolatina
the Constitution qohich secures them ore br4
poorly qualified for the trust Of 7'rstectiaso
them, and do not represent the intelligent
the acisdom, or the patriotism Of the Com.|
anonaceulth.
Where the act does not absolutely vicA,
the rights of the people by unconstituticpI
provisions it attempts to embarrass then
Every citizen has the right to avail himself NJ
the laws of the United States when occasim
requires and in every week and almost ever
day that passes some of our citizens have o.
casion to avail themselves of these laws throups
the agency Of the United States Commission
Yet this act seeks to deter every citizen from
holding this office, while at the same time
does not contemplate secession, but profess
to exist under allegiance to the United State
and was voted for by those who had swon
snch allegiance. If the Commissioner hold
an office under the government of the Stat
it proposes to punish him by an unconstionI
removal; but if he holds no such office il H.
sails him with rude vituperation. IF it coun
by these means prevent every citizen Of the
State from holding the Office of Commissions
the only effect would be to compel the Circuit
Court to select these officers elsewhere; to en-
barrass the people of this State in the prose.
cution and defence of very important legal
rights, and to leave many criminals toleecape
from justice. ~
Without noticing all the Objectionable fs.
lures of this act, beg leave to mention one
which adopts principle acted on only by dss.
potic Governments of the most arbitraryachar
acter, but repudiated by every republican Gov
ernment, and by every monarchy that allows to
the people any decent measures of legal proec
ton. refer to the right to retain and emple,
counsel, and the right ofcounsel to be retained
and employed in the prosecution and defence
of cases in courts Of law. I venture to asser
that this right is one of the essntial and neces
sary safeguards of law and liberty. Il mus
be secured to every person, even to cliuninal
Of the worst character; otherwise there can
no reliable security for the just and proper Id
mnistration of the laws Of the land But{l;
assumes that the people hold this right at th
pleasure of the Legislature, and that bart
having temporary power in that body msl
pass statutes depriving the citizens Of its en-
ioyment in cases where it may be obnoyou
to them. ...-. 1B
The act apparently designed to aid person
who may be claimed as fugitive slaves; but
while it has no efficiency to rescue such per
sons from the authorities of the United Stats
and its most important provisions can be q
no service to them, it cannot fail to dcstro
much of the benign moral influence that Mas
sachusets might otherwise exert in the caus
of human freedom trust that your Exec
lency's strong and patriotic protest against
will mot remain long unheeded and that Msa
sachusetts will do herself the justice to renos
this stain from her statute book.
Entertaining the views above expressed,
respectfully decline to accept the office whid
has thus been offered to me- l1sp
| am, with great respect, your Excellencyi
obedient servant r. A. CHAPMAN
To his Excellency Henry J. GARDNER, "
Governor of the Commonwealth of Masa
chusetts.