Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1861-01-11
GOV. ANDREWS, MESSAGE.

The Message of Gov. Andrew to the Mas
sacl,usetts Legislature, Jan. 5, is an able
doc ent,--clear in its sta tements, and frank
and explicit in its opinions.
IND sr the head Of Militia he states shat
the W hole numbe. of the enrolled Militia for
1860, excluding Firemen and other ez;empts,
w9s 1850 men. The active Militia,
uniformed, armed and equipped. drilled and
organized, ready for active service on CALL
including its various arms Of infantry, ca7al-
~ and artillery, numbered $500. lie In
quires whether the whole enrolled militia,
or a considerable portion of it, ought not to
be placed on a footing Of activity. How else,
he asks, can the State be ready without in
convenient delay, to contribute her share of
force in any exigency of public danger?
On the subject Of the Massachusetts Per
ssnal LIBERTY Laws, which is discussed at
some length, the Gov. Gays
1t is certain that the legislation Of Massacha-
set IS is intended to be constitutional; and ] am
bound to declare my belief that it has proceeded
upon the principles of the stricest constitution
atty. If, however, any party to any 10 al pro-
cesding shall deem himself aggricyed by any thing
found written in o1r Statutes, we are cOnsoled by
the knowledge that he has access 10 Judicial trI-
buaals which viii bestow most Intelligent and
Conscientious attention to his com plant. y hat
ever Legal truth the judicial mind may perceive in
this OF any other regard will be declared, because
the Judiciary exists, not to make the la", but TO
e-Pcund it.
The Constitution Of the United States, while it
provides for the surrender Of persons charged
with crime who have fed from one State int
another. nevertheless, when it speaks Of fugitiTes
from labor, expires. ly restricts the authority to
surrender to the instances of those only who rrs-s
held to service or labor, and who did fec. And
the right of a person TO reclaim an alleged fuCi.
tive from his service must always be subordinate
the original, prior, indefeasble right Of every
freeman to his lberty,-to its preservation, to
its instant and constant assertion, and to all the
dotcnces Of it which pertain to the institutions Of
Common Law. The proceedings under the Fugi-
tive Act 1850 are not judicial, and they are not
adapted to determine the questions Of right which
arise whenever a free man OF the wrong man is
innocendy seized, or recourse Is had 10 the arlI-
trary provisions of the Act itself by nero ki3-
nappers for Refarious purposes. On The PFC pricty
Of exerting all the constitutional power whioh We
possess but none other than that) for Z e proec-
tion eff the liberties of the people Of the Common
wealth against kidnappers, there car 30 no de-
bate and its necessity is illustrated by the sur-
render OF persons claimed as fugity. slaves under
the Act Of 1850. who arc known TO have been
free. II which i recall the Commits
Sioners lenied TO the accused person time 70 seDd
for his free papers, and declared that they would
not bo admissible on such a Lesrirr. In anc.,e-
instance, the person carried off WIS found tr tae
claimant as sooo as he saw hi7-, 70 be tho ,y-on~
MN, and was honestly eiloweJ 10 reoii7 his
liberty. IN still Gnothrr q woman who ts asc5--
taIn5d TO DC Of Uprhxod Caue1sion blood. with
heI dausatet ara grandson, we're saved by ransom,
oiiE' no Jhc operation u decision directing
tHe!r eaItion into slavery. And may AID ;hat
"a 1' /east one case il this Commonwealth, e man
Wa. sent cut Of her jurisdiction as slave, the
'arraAt against whom did not appear oG is face
TO nave been issued by any magistrate authorized
by he Act Of Congress.
Ia dismssiHg this t,pic, have only to add
that IN regard not only to enc, but 20 every sub
ject bearing or her Federal relations 1lassachu-
sets has always CONFIRMED 70 her korcst under
standing of all constitutional 0bi11tious-that
sic has always CONCERNED 10 the judicial Gecis-
i0ns-has never threatened either 10 nuilify or
to disobey-aGd that the decision in one case fully
contested, constitutes precedent loT the future.
Aiyerting to tho imperilled condition of
the National Government in some Ct the
Southern States at tins time, and the newt
able disasters which must come upon them
if they perseycre IN their attempt 10 break
Of from its dominion and protection, GOV.
Andrews speaks with great force, as lie does
of the enduring patriotism Of the people Of
Massachusetts,
I have searched the position Of Nas5ao5useJts
with oil the disinterested patriotism which I
could command for the performance of that duty,
md find nothing by which l reproach her
with responsibility for such ros1its if they shsl
como 10 pass but I invite ycu 70 similar exam
ination.
The truth ofhistory com7els ne 90 declare that
one chief source of the difficulty which we are
called 10 encounter, lies il the iacosslnt misrepre
zentat0n Of lac principles, purposes and meth :
eds ~ the people who compose the mai Iritv IN
the free States, 10y supcr-seryiceabo individuals
who undertake to nonoPoiizs friendship fer the
people Of the slave-holdiug States; aLi candor
requires me 90 add that they profess a friendship
the largest part Of which might be analyzed into
dislike Of their political opponents. I have for
- years past been constant and careful observes
o.. public men and affairs, and for twelve year
al least, have been intimately aware Of the mi
va'c rs well as the public declarations an conduct
q the representative men In almost every tay--lri
iuaee Ct the Commonwealth. think [ may
claim also, some intimacy with the great tody Of /
me people Of Massachusetts, of whatsoever party
This period has en- one of extraordinary AID IL
tense political interest. Thotendc-ost sentiments
the deepest convictions the wari2cst emotions have
all been stirred ty the course Of public affairs /
Bitter disaQpoirtuoGts, the keorost sense Of in
Justice, the consciousness Of subsection 20 most
fragrant wrong have fallen 10 the lot of our people
The fugitive slave bill Of 1850, with its merciiess
rng md hn gr+~. 80 -.
which j, was executed the repeal Of the Missouri
restriction upon the extension Of slavery over the
national territory; the violent means adopted TO
prevent igTaEts from this Commonwealth from
participating IN the settlement Of Kansas: the
invasion Of that Territory by men a7med with
the plumber from the national nrsonsls; the i'm
position Of fraudulent legislatures upon q people
temporarily sUbjugated by r-fianis,u. and unnro-
tec;ed by Federal Executive, which also forbade
them 70 protect themselves; The iudssriminate /
pllaee, Ere and slaughter 20 which peaceable set
tiers were subjected without cluse or excuse; the
repeated cxcrtions Of the national administration
IL conspiracy with the enemies Of freedom and
good government, 70 impose and enforce upon
Kansas Constitution sanctioniug slavery; the at
tempt 70 withdraw the discussion Of political
questions from the people themselves, ana 70 con.
fno II to a concave of Judges; the assault upon
fFee sPescA IN Congress by a murlerous attack
upon Senator IN his seat, for opinions expressed
IN debate, and for the manner or their exnression
the indifference or positive approval with which
TINS attempt TO overthrow representative institu-
tons, was treated throughout large portion Of
the country; the prostitution Of all the powers Of
lac Government and the bending Of all its energy
TO propagate certain interest for tho benefit Of
ew spectators il lands negroes end politics. and
to discourage the free labor of the toiIing masses
If the people; the menacss Of violence and war
gains the Constitution and the Union " it'll which
,ur arguments and our constitutional resistance
nave been mct;-these all arc but part Of the {
ecord of the last ten years of American political
history, which is burned into the memory cf the
'eople Of Massachusetts, ;
And yet, during all the excitement Of this Z
'eriod infamed by the meats Of repeated Prcsi- ,,
ential elections, have never known q Mass /
chusetts Republican to abandon his loyalty, sur 7
ender his faith, or seal up his heart against the
God hopes and kind affections which every deyot- y
j citizen ought TO entertain for every section Of
is country During all this Standardization
f the national government, the people Of Mass
chusetts have never wavered from their faith in c
S principles or their loyalty to its organization
ooking forward to the long ages Of the future \
liiding always, in their own minds. for count s.
IS generations yet to come they have endured ri
I'D are willing still cheerfuly and hopefully to p