Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1856-04-24
!. qr 1allp Spp.
THURSDAY, April "a, 1856.
M Per,onaI Liberty Law.

n will be recollected that the Joint Committee
ON so much Of the Governors Message as relates
to the Personal Liberty Law, submitted on Fri
dav. April H. three reports. The majority re-
port, by Mr.. Briggs of Pitts6eld, was aeeompa-
MED BY a bill, retaining substantially all the
important provisions of the law of last year, six
sections of which are omitted, but all their vital
provisions are retained in nearly the same Ian
guage in the new law. In all probability this OH
will be sustained by the majority of the Legs
lature
The minority report, by Mr.. C. Hale of BOs-
ton. signed also BY Senator Brown Of Hampton
and Nj. Tilton of Boston, is lengthy and elao-
orste defence of the constitutional right OF
.,laye. hunting, and ofthe supremacy of corporate
mower over individual right, and closes by recon-
meudinc a total repeal Of the act OF last year.
The other report, signed by Senators Raymond
of Middlesex, and G. W. Warren of Suffolk, and
Messrs. Thomas of New Bedford and Marble of
Charleton foolishly recommends submission OF
the matter to the Judges OF the Supreme Court,
to obtain their opinion OF its constitutiouality be-
fore taking legislative action thereon. Such
mode of disposing of the subject is as cowardly
as it is contrary to all precedent or legal proprl-
ETY.. Let the worthy members of the Great and
General Court march up to the scratch, and bold
ly show their hand, independent Judicial dicta-
ton. Let them not think of retreating behind
the shield of Chief Justice Shaw, any other in
cumbent of the Judicial Bench, before venturing
to express their opinion, as members OF co oroi-
nate but independent branch of the State Gov
eminent, of the Personal Liberty Act
OF the Act in question, we think large ma
iority of the people OF Massachusetts would ex-
press themselves decidedly and cordially in ap'
proval, il the question were submitted to them Tor
sanction at the polls.
More than that, it is one expressly demanded
by the urgency of the times, to guard against the
alarming tendency of the federal government to
encroach upon State rights. We believe it to be
very far from conflict in its provisions, with the
authority of the United States Constitution,
rightfully construed We believe, with our
learned and able contemporary oftheP Palladium, the
organ of the Democracy of the Heart of the Com
monwealth that tower the personal freedom of
its olon citizens, ioithin its limits Massachu
sets holds no divided sovereignty. Her power
is supreme; and her Legislature has the full
right to decide upon the exigency which may
require enaetments for its protection. For every
derelciion of duty, it find no apology, in the
sightof the of its people, in the low consid-
erations of political power or commercial prof
its" The following, from that journal, should
be thoroughly digested by all who profess the
Democratic faith. Says the Palladium
"Under the ruling of the Supreme Court of
the United States, which has been assented to
by the Supreme Court of Massachusetts,,
stakeholder has the right to take and carry off
his fugitive slave without hindrance from the
State government. But inasmuch as govern
nlent is established for the protection Of per-
sons as well as of property and it has never
been pretended that the United States govern
ment is charged with the care of the citizens
of State, in the limits OF State-therefore
it follows of right that that great and impor-
tant duty belongs to the State government
Congress has no legislative power beyond
what is expressly delegated to it in the Con-
stitution. All poweIs not thus delegated, are
expressly reserved to the States and the peo-
pie. Therefore upon all questions touching
the personal freedom of ats oion citizens, the
Legislature of State has ample and full pow
er of legislation. 1t has the full right and
full power to enact such laws as it may deem
requisite for the protection of its own citizens
rak1fg care, therefore, to avoid conflict
of jurisdiction between the State and the
National governments, the Legislature of a
State, in any light in which we are able to
view the subject, has an unlimited right to
pass all such laws as it may deem essential
for the protection of the freedom of its own
citizens within It's own borders. 1t is the
first great duty of government transcending
in Importance all other considerations as
much as the rights Of PERSON transcend in
consequence the rights Of PROPERTY. And
we take the liberty to say that any govern
ment that fails to extend that protection to
its own citizens, fails in the performance of
its first duty as Government. Suppose that
a citizen of Massachusetts is seized by the
agents ola foreign government, and taken out
OF vessel upon the high seas, will any one
presume to say that it is the duty of Massa-
chusetts to punish the aggressor Certainly
not; for the State has given up her right to
protect her citizens when upon the seas. But
within her own limits she has not surrender
ed that right If she failed to exercise it, she
would be dsrelict in her first duty as gov
ernment."
Let the repeal or essential modification of the
Personal Liberty Act be resisted with infexible
determination by every member of the Legisla
ture wlo estimates the rights of PERSONS of
more account than the claims of PROP RTY.