Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-05-03
No. lls.-yoLUME xxXvIII.

bring up the body of an alleged fugitive from service
or labor &c which he IS heid under the laws of any
other State. who shall hase escaped into this State,
The claim 10 the serriee alleged fugitive, his den
tily, and the fact of his Gving Escaped from another
by jury.
psnnellng Of the jasg asd preses the mode of pro-
ceedng In the 9th se6oa it is enacted that the finding
oil The jury shall be conclusive upon all matters submit
led 10 e and shall not be vacated or set aside except
by The Supreme Court, which authorized 10 Sc, the
same aside Tor the same CAUSES, in the same maj ner
and with like effect vardc,s,ar set aside by Tho
court in criminal cases, and iefbo other cause
"The 7tl section provdel, .hStif the finding Of TIE
Jury is IN favor of The claimant upon all nc matters
su01utd the court or officer before wiom such hear
ing shall be bad, shall grant, 10 such claimant or his
agent Certificate, switch shall authorize the per.cn
receiving the same 10 the fugitive therein
named, without any unnecessary delay through and
out OF The State on the direct route 10 the Stale fo
which he fed
ain the S 9th, and 10Th sections is enacted ,lct:
"S 8 If the finding OF the jury be against The cair.
ant on any 9f the nautrs Submitted them the person
so claimed as fugitive, shall be forthwith sci at ber.
ty and shall ncrtr thereafter be m0tsttd upon e sane
ctam; and any person eh0 shall thereafter arrest d.,
proceed in any manner To retake such aes,d IN
gre out Ms State, under any process yrocetdiny
"hateeer, shall be dGemsd guilty Of kidnapping; and
"p0n CONNECTION, shalt be punished by Imprisonment in
The State prison not eIectding ten years.
".
any alleged fugitive from service or labor from another
State shall be proceeded against by any person claim.
ing such fugitive, SHALL upon notice Of such proceed
ing, render his advice and professional services 10 such
alleged fugitive, and shall attend his behalf on the
trial oil such claim, and shall receive such compensation
therefor, as shall be certified 10 be just and reasonable
by the court and officer before whom the proceedings
shall be conducted to be paid part Of the contingent
expenses OF the county. And in case Of the omission
of such District Attorney TO attend or render his pro-
hn h.c,r.
proceedings shall be had shall assign some counsellor
OF The Supreme Court in good Standing to conduct
the defence of such alleged fugitive and render 10 him
the usual services OF counsel for which he shall re-.
ceve compensation 10 he certified and paid as herein.
before provided IN respect TO the District Attorney
IS TO- Every person claimed as fugitive shall be
entitled to suCPGnas for his witnesses, from the Court
or officer before whom the habeas corpus may return
able, without any fee charge teretur and every con-
stable, sheriff, or marshal, to whom any such subpGna
shall tie delivered TO be served shall serve the same
and shall be allowed the fees for serving ca
pas IN the Court OF Common Pleas, 10 be paid as part
OF the contingent expenses of the county, in tue event
OF Jury summoned under this act determining in IA
Of the claimant
The lth section provides for "lhe enforcing of sub
pGnos Tor witnesses and the compelling of them 10 tes
tify and enacts, that the fees of the sheriff or con-
stable tor summonlng The jury, mud OF The jurors, and
OF the officer hearing and trying any such claim shaU
be paid by The claimant in all cases
The Eth section is in these words:
S ~ No person shall be entitled TO a writ of haLeas
corpus to arrest fugitive from labor or service until
he shall have delivered TO the officer TO whom
application for such writ shall be made, bond to the
people of this State the penal sum Of one thousand
dollars, with two sufficient sureties, inhabitants aud
freehoders of this State TO be approved by such court
or officer conditioned to pay all costs and expenses
that may in the prosecution of the said writ,
legally chargeable TO such claimant and also TO paw
weekly the sum of two dollars the person having
such alleged fugitive in his custody, for The sup
port of such alleged fugitive, long as he shall
remain IN custody under such wr, of h06eas corpus
De detained ny the proceeding thereon; and, aso that
any jury lmpannelled under this act, shall render
verdict against such claim, then ihat such claimant
shall pay all the costs and expenses proceedings
including those to which such alleged fugitive shall
have been subjected; and in addition thereto shall pay
TO such alleged fugitive the of one hundred dol.
lars and all damages which he may sustain The bond
shall be filed in the office ofthe Clerk of the County
and may be prosecuted by any person claiming any
benefit from It's provisions, in the Of the people
of this State, hut the people shall not be liable for any
cost in such suit.
"The 18th and I4th sections are immaerial. The
18th authorizes "the court officer before any such
trial shall be had, The application Of the alleged fu
Siue Sare, to grant commission for The examination
of witnesses out of the Sa,e and authorizes the adj
journment of the hearing from time 10 time
ain the 10th and 18th sections it is enacted
"S TO- No Judge other officer of this State shall
grant issue any certificates other process for the
son claimed as fugitive from labor, other
wise than IN pursuance of the provisions of this act
and every such Judge or other officer who shall grant
or issue any such certificate other process except in
the prescribed in aud by this aci shall be deem
ed guilty Of a msdemeanor, aud liable punishment
therefor.
IS II. Every person who SHALL without the authority
of law, forcbly remove attempt 10 remove from this
State, any fugitive from service labour, or any per-
son who is claimed such fugitive, shall forfeit the
sum oil hive hundred dollars to The party aggreved and
shall be deemed guilty of the crime Of kidnappns and
upon conviction of such offence, shall be punished by
imprisonment IN the Slate prison for period not
ceedIng ten years
law perfectly to ohsruct and hinder the re
coyery of fugitive slave, could not he devised law
pabe in conflict with the last paragraph OF tho
Cd Of the 4ih article Of the Constitution Of the
U. s., could not be framed The iniqu'iy and unfcir-
of lis provisions, garng as its unconslitu
tionely.
"ln its first section provides ''tha the claim to the
service of the alleged fugitive shall be tried by
jury. Take tins provision of the law in connection
with the doctrine ayowed by the Governor of the
State, and sanctioned by the State, lhat one man
not be the property of another" and what prospect
would master have Of getting verdict in his ia
vor under any circumstances: Can it be believed,
that jury could ever be Unparalleled upon which Tue
active AbolItionsts Of New York could not get one
man 10 act upon principle, deliberately avowed by
the Executive, and sanctioned by tho Stale In
that contingency, verdict in favor Of the claimant
would be impossible. The sixth section makes tho
finding of the jury conclusive, gives appeal 10
the slave as matter of right and denies it, under
any circumstances 10 the master But if By pos.
sbllity verdict should lie rendered in favor Of the
claimant the 9Th section provides pree1t for the
of the slave by declaring that without any
cessary delay he shall be removed out Of The State
''oa the direet roae TO the State from which lie fled.
The 9Th section Provides that if the verdict favor
of the slave, be shall thereafter be molested;
and that It any person shall remove him out OF the
State, "undcr any process proceeding haterer, he
shall be deemed guilty of Kidnapping, and upon con-
victon shall be imprisoned in the State prison for
term not exceeding ten years. This provision is OBJ
viousy designed to deter the master from applying
to the Federal Judiciary, and punish him if he take
the slave out of the State, by virtue of its pro-
cess. The 9th section secures the slave every ad-
vantage Of legal defence the of the State The