The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-05-22

Message - Gov. Gardner or Massachusetts,.
VITO OF TEE PERSONAL LmnRfY BILL.
COUNCIL cHAsIns, Bosrox, Nay q, 1851
return herewith to the senats, In which BODY II
originated BIN entitled can Act to protect the rights
and liberties ?. the people Of tho Commonwealth Of
Very many Of rts provisiens have my hearty approval
desire to see in any and every way the rights OF tbs
ready sanction and aid to every measure that tend. to
accomplish that purpose without violation Of constu.
tena obligations, in conformity with the principles laid
down in my inaugural address, that should sscrupu
lousy avoid such action as asserts looks TO the
mainteDsScs Of any rights not clearly and oonstitu
the constitution Of and the constitution
Of the United States No earthly power or influence
should induce me to be knowingly dsoya TO that sacred
Of duty and the featy of an American Citizen consprs
TO forbid +;
fict between our State and national sysems Of govern
ment which must result in the submission Of one, alike
fatal whichever II L. should b equally summed BY judi
ceus states mansbip well patriotic duty In such
decately balanced organizations, the integrity OF the
should be preserved zea,ously the humiliation
Of the other should be avoided.
The legal adviser given by the statutes Of the Com
monwealth in the opinion annexed to this communca-
ton, prorounces the bill now before unconsttu.
tona in of its provisions. The Supreme judicial
Court alo in an opinion signed BY all its Justices in
reply to question propounded to them BY myself state
ger has rendered himself to the legal process
OF both governments" (the Federal and State the
process
lawful custody Of such peraon acquires priority Of
jurisdiction which cannot be rghtfuy or legally defeat
ID By the the r attaching
But these opinions clear and unmistakable, and
there higher authorities known to our laws or to
our Judgments Being unwilling. therefore, to lead
Massachusetts, into position hostile to the harmony of
the confederacy which is essential to the permanent
interests Of the Common wealth and the Republic,
bill . '''' - ~ "''''.''- -
tn haen auhia N
careful scrutiny and examination, and Its objec
topable provisions obviated There is much Of good in
rights and State rights might we'll place
upon her statute book but that cannot authorize its IL
legal and unconstitutional requirements.
trust and believe the Legislature win not act in this
place itself where, perhaps 1T may wish to recede but
without the power. An omission hereafter be sup
Piled, but the stigma Of unconstitutional enactment
The rights the honor and the integrity Of Massachu
setts confded to Having to obey her con-
stitution and that OF cur common parent the United
States let under the sslemnty of those oaths
and in obedience to their requirements
Notwithstanding my earnest approval Of msay Of the
provisions OF this bill sfor the given am con-
'''N''' : "'''' HENRY j. GARDNER.
COMMONWEALTH or MASSACHUSETTS, !
ATTORNEY GEN IS OFFICE NEW BEDFORD, May 10.
To HIS ExCELLENCY HENRY j. GARDNER
SIR-In consequence Of my absence from home, in at
tendance upon the Supreme Court, your Excsliencys
note of the 10th INST, accompanying copy Of Sill
pending before the Legislature, entitled An act to pro-
tect the rights and liberties Of the people of this Com
monwealh" has only just reached me.
In reply to tho request contained in it, that will
sdvise you officially any Of the provisions Of this bill
are in my judH nen uDconstitutona" can only give
the general result OF my examination Of it, as
tended statement OF ths grounds OF my opinion would
days maii snd it would consequently not reach you
until after the probable termination Of the session.
must content myself therefore, with expressing in
this ncaton the opinion which entertain, that
this bill is obnoxious to very grave objections in many
particulars and clearly repUguant TO the provisions
Of the constitution Of the United states.
It's inevitable tendency and effect to bring the courts
of tie United States and their officers into irrecon
cable conflict with those OF ths Commonwealth; and it
ia virtual denial of the constitutional obliga which
rests upon the its officers and citizens
to recognize the constitution Of the United States and
all Jaws made in pursuance Thereof IS the supreme law
Of the land.
In my judgment the bill is also exceponabls in some
Of its provisions, being beyond the constitutional
competency of the Lesilature under the provisions OF
the constitution Of the Commonwealth.
attempts to construe and declare the true intent
and meaning Of the provision the constitution which
subjects JUDICIAL officers to removal BY the Executive
u< ADDRESS by both branches of the Legislature and
to declare the meaning Of the Revised Statutes relating
In there respects it seems to to be palpabls viola
ton Of that provision OF the constitution OF Massahu
cfe the executive and judicial powers or either Of
them the Interpretation Of the constitution and laws
being clearly iueica, and not Legislative power.
rsgyet have not time to envelope they suscepti
be Of being developed into Argument upon the spe
cifc provisions of the bill sufficient to constran
judgn the bill is in violation Of the constitution.
am, very respectfully, yogr T oeeSsnt servant
NoTx-cn the 10th May transmitted to the Hoo.
Attorney General the printed bill originally reported
left the bill in the shape It now Is. This Opinion"
mult be predicated en- present form ofsthe BILL it
will be noticed he specifically refers to one OF those
HENRY J. GARDNER,