New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-03-31


important Veto Message by the Govcrnor
OF Massnchusctts.
Gov Andrew Of Massachusetts returned TO
the Senate Of that State on Wednesday, bill prvi.
ousy passed by tie two branches of the and
entitled bill in relation to jurors" with his objcc
lions thereto embodied in a message Of considerable
length. The bill. it was well known was designed pri.
aary to exclude from the jurybox persons deemed TO
re 'olaors of the lqnor laws. In Ghis message Gov
Andrew states the question relative to the first section
OF the proposed bill as follows:
If the first section Of the bin before ms becomes
law, rs effect will be if the present legislature had
enacted il in these words viz The seectnen of onch
Town sa once III every year prepare list Of such in
hab.antS OF the town not absolutely exempt. they
tink well qualified TO serve jurors being persons Of
sod moral character of sound Judgment and free from
all legal exceptionS but no person shall be deemed 20
he Of good moral character, of sound judgment and free
from n legal exceptions. who is at The time engaged In
any business OF occupation mado criminal by the laws
oi this commonwealth"
After quoting numerous authorities and referring TO
various preccGents the sage demonstrates that this
section destroys the previously existing unity of the
STATE laws rei.ng 10 Ito preparation Of Jury sts and
proposes to make law for the and another for
the cities OF the Commonwealth. 1t Is also objected to
the ambiguous phr lseooy Of the section stating
that in tho exact application o. the Phrase business
occupation rade criminal" occurring in the bill, select.
men will be unable todetcrnine who ssa or shal not
be jurors and he likewise strongly puts the idea that
the bill only purports to interpret existing law, aud
lot enact one.
The second ction Of the bill proposed TO confer w
on the Government The right TO poremptory challenge
two jurors in addition to the rights of challenge al
ready known ard this point the Governor displays
A. 90 mn arap nun nd
eal barriers 10 tho passage of the bill. He says:
" After having purged the jury list having placed
thereon only gund. trnc and lawful men. aftcr having
excluded again fIo the particular jury all those subject
10 specific objection. whether account Of interest
eonsanguliiy pe,2ccnpalion Of mind. or other cause
the Government does not assume that the good and
aHfn men remaining on the panel can be cuprciousiy
rrejnsiiccd against Itself and liable to its arb
traIy or pfreDplory Challenge .... .
And after discussing tho question which would be
likely to be most Zee from bias passion the jurors.
prosecuting oiCer be says relative to the general sub
jet Of challenge, lille those sought to be inauguraied
Not even tie Queen from The throne OF that empire
hose pOsseS!vn the never sets. is permitted
in England, prcrogayo So lumiatiug TO The people
80 dangerous liberty"
Tho message goes further into review Of this part o,
tie bill. ard says:
Il confess that am able 10 perceive nothing in The
history VI Massachusetts nothing IN The character con
Gucf tenGen(lcS VI people, llStAlt 5htA
innovation cannot believe that there Is any danger
from possible dss reepens OF jures when they ought
To agree parable With The danger to public liberty
aId TO the safes guards OF personal nights flowing with
int ooriain! ALL oclerity from tie INVASION OF we'll
settled rules and principles Of free government.
" an moi unaware tAat tho power Of pereIpiory
challenge in favor of tie pIoSeeu ion IN criminal causes
scems 10 derive the Influence OF precedent from egiss
ton in certain Of the States oil the unou. -. too.
ttcre have been many other departures from sl'e aud
consistent legislation which Massachusetts viii never
initiate. and especially hope that those who may
hereafter discus The history Of liberty wiz meyer be
obliged to pause over any Of the pages Of lcsla.
lion and endenvOr 10 apologize OF cunt Tor ou Want
OF dety proscriptre and fundamental ideas idenn
fed with the feedom OF tho Ingsh race. II is the
part Of Massacb 10 establish good pfecedeDl, ana
not ~ follow b-aI ones"
The statement by friends ofthe bill that 1t originated
in phantbrorc dcsre to make more eilcicl. etfan
statutes, 10 met by lOuT. questions, rs follows;
a. Is there, IN fact, any exigcncy domagdng this
Innovation IN order 20 SECURE the enforcement OF PAT
tic plaT Laws ? n... ..
80 II any such eriecnoy exists why should The IN
isunl remedy proposed fd The evils Of single care ba
made 10 ayplyWith Understanding universally 10 AL
OH er easc and affect and limit The rights 81 oil men
- What Il 10 hinder the application Of tins remedy.
intended by honest men TO be fairly applied from being
eapriccusly md nheirly used 20 a. by merely arbi
trafy eainnge. TO eXcuie citizens from tae jury @"
account Of thor origin extraction political opnons or
nj ,ons persuasion
~. Ii cglyielions are. not satisfactorily ooiaihed'
inter- the trial Of this experiment what Is there 10 pre-
veHi ITS rsstenson Ana Why should II not 10 extend
ed on the principles Of ta, bl. until Jnres are organ
ze not he purpose Of Trying The accused out ioF
the purpose 0f conveying ,hemf
Tie CONCLUDING sentences OF the message are a. fol-
lows: -
I'VE have seen within own day tbe legislation OF
congress carried beyond reasonable endurance nndar
the infucIce Of poiic panic ana Tor the bone OF r
ticular interests We have sepn Slavery and politics
stropg enough ia their combination 10 dictate laws not
Consistent otAeT with stat suapahip VI Lnaniy. ma
We have seen Tie humble citizen standing secure be
hind the shield 81 n and Independent jnry-his sole
defense against the power oi aa Arrogant and passion
ate majority. g.. a.. 49,.
with entire respect for the intelligence and integ
rtv of other minds mist for myself hold fod To ms
Institution conservative Of Liberty naineng " III us
ftr and harmonious proportions the product OF ages
the fruit OF wison and experience. Yea inaniaining
il without variation or SHADOW oi turning even II
stond alone u the gh of fair trial by independent
iurv for those accused OF crime shall ever be lost or Do
come endapg ored in Massachusetts, am not one OF
those who will be Responsible fcr Tho catastrophe. c
JOIN A. ASDi,iw.