Weekly Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1853-1861, 1855-05-31
COUNCIL CHAMBER, :
BOStOn. Nav OISt lax 4

COUNCIL CHAMBER,
Boston, May 2lst, le55l
To the President Of the Senate:
return herewith to the Senate in which BODY
it originated, a bill entitled can Act to protect
the rights and liberties of the people of the
Commonwealth of Massachusetts,
Very many of its provisions have nv hearty
approval. desire to see in any and every way
the rights of the people of Massachusetts pro
tected, and will give nay ready sanction and aid
to every measure that tends to accomplish thai
purpose, without violation of constitutional ob
legations, in conformity with the principles laid
down in my Inaugural Address, that we should
"scrupulously avoid such action as asserts Of
looks to the maintenance of ANY rights not clear
ly and constitutionally ours" l have taken :
solemn oath TO support the Constitution OF Mas
sachusetts and the Constitution of the United
States. No earthly power or influence should
induce me to be knowingly disloyal that sacred
obligation Those oaths of office. the sobel
convictions of duty and the fealty of an Amer
lean citizen, conspire to forbid it.
Unconstitutional enactments tending to al
armed conflict between our State and NatIona
systems of government, which must result II
the submission of one, alike fatal, whichever i
is, should be equally stunned by judicioui
craftsmanship as well rs patriotic duty. In
such delicately balanced organizations the in
tegrity of the one should be preserved as zeal
ously as the humiliation of the other should b
avoided.
The legal adviser given me by the statutes o
! the Commonwealth, in the opinion annexed Il
this communication, prOnounces the bill nov
before me unconstitutional in some of its pro
visions. The Supreme Judicial Court, also, il
an opinion signed by all its justices, in reply t.
| a question propounded to them by myself, stat
| as follows "When any person, either citizen o
IL 80
legal process of both governments, (the Fedora
and State,) the one which by its process ant
its officers, first obtains the lawful custody o
such person, acquires priority of jurisdiction
which cannot be rightfully or legally defeated b,
the other, until the process first atactfag shal
Ihave been satisfied ar disol1 -
But these opinions are clear and nnmistaka
| bic, and there are no higher authorities know
| to our laws or to our judgments. Being unwill
| ing. therefore, to lead Massachusetts into
position hostile to the harmony of the eonfeder
acy, which is essential to the permanent inter
ests of the Commonwealth and the Republic
no course is left me but to withhold my sane
| ton from this bill
| / have no doubt that had it been reported a
an earlier period in the session, X would hav
| been subjected to more careful scrutiny and ex
animation; and its Objectionable provisions oh
waited. There is much of good in it, but tina
| cannot atone Tor Its evils. 1here IS much tina
in accordance with the true doctrine of man
rights and State rights, Massachusetts Nigh
| well place upon her statute book, but that can
not authorize its illegal and demonstrations
requirements.
| 1 trust and believe the Legislature will nc
act in this case without deliberate reflection
Let it not hastily place itself where. perhaps
| IL may wish To recede, but without the power
An omission may hereafter be supplied, but tn
| stigma of an Unconstitutional enactment ca
never be entirely effaced. The rights. the hon
or and the integrity of Massachusetts, are con
fded TO us, having sworn to obey her Constitu
| tion, and that of our common parent, the Unite
States; and let us act under the sOlemnity {
those oalhs, and in obedience to their require
ments.
Notwithstanding my earnest approval :
many of the provisions of this bill for the res
sons given, am constrained to withhold m
sanction. HENRY j. GARDNER