Worcester daily spy., 1851-04-01
Bill for the Protection of Personal Liberty
in MaSsachuSetts

in Mossachusetts.
The following is copy of the bill introduced into
the Senate, on Saturday last, by Mr. Buckingham, of
Middlesex, Chairman Of the Joint Special Committee:
BILL in addition to an act further to protect per
sona liberty.''
Sec l. Ali the provisions of an act further to pro-
tect personal liberty" passed the 24h day of March,
l943, shall apply to the of Congress- approved Sept
Is, 1850, entitled can act to amend and supplementary
to the act entitled an act respecting iugitives from JUS
ce and persons escaping from the service of their mas
ers."
See. q Any officer other member of the volunteer
militia of the Commonwealth who shall act in his ca
pacity such officer MEMBER under color thereof
at the command or requisilion Of the United States
Marshal, or OF any deputy special marshal of the
United States, under preence of being part of the posse
comtatus, IN the arrest and detention of any person
claimed as slave, shall be liable TO the same penalties
provided by the act to which this is an addition.
Sec. 3. ANY corps Of the volunteer militia Of this
Commonwealth, which, at such command or reouisition
under such pretence, and for such purpose shall act in
its organized capacity such corps, shall forthwith be
dlsbanded and any officer OF such corps Joining in such
acton shall be removed from his office upon conviction
thereof by court martial.
Sec A. 1t shall be ae duty of the District Attorneys
OF the Commonwealth, within their respective districts
whenever any inhabtant of the Commonwealth is ar
rested or claimed as slave, on being informed thereof
diligently and faithfully all lawful means to pro-
tect defend, and procure to be discharged any such
person SO arrested or camed provided, the said SER
vices are not expressly declined by such person.
Sec. 5. Ii any person shall remove from the limits of
this Commonwealth shall assist in removing there
from, or shall come into this Commonwealth with the
intention OF removing assisting 10 removing therefrom
or shall procure, assist procuring be so removed
any person living in the place thereof who is not held
to service or labor, and who has not escaped from
service labor" within the meaning of those words
IN the Constitution of the United Staes on The pretence
that such person is held and has so escaped shall be
punished by fne not exceeding $4,000, and by mpris
onment IN the State Prison not than ten years.
Sec. 9. Any person injured or endangered by any
proceeding punishable by the preceding section NAV
maintain an action therefor in any court competent to
try the same.
Sec. T. In any case, civil or criminal, arising under
this act, the legal presumption shall be that no person
living within the space of this Commo weath is held
to service or labor and has escaped therefrom within
the meaning of those words in the Constitution of the
United States; and it shall be incumbent on aDy marty
that relies upon such holding and escape in his defence
to establish the same by evidence.
Sec. 8. Whenever any person is arrested or mpris-
oned on the ground 9 his being held Is service or labor
the SUPP Court, the Court Of Common Pleas, at
any regular session, any Justice of either of said
courts, OF any Justice Of the Peace may on the petition
OF the person arrested imprisoned or of ay other
person acting nhs BEHALF issue writ of habeas co,pus
to take the body Of person arrested or imprisoned
ter Of the Revised Statues and the writ as issued by
either of said any Justice thereof shall be
made returnabe before the court Justice issuing the
same, any other justice of the same court at the dis
creton of the Judge issuing the same and issued by
any Justice OF the Peace, shall be made returnable be-
fore the Supreme Judicial Court the Court Of Com
mon Pleas, any Justice of either OF the said courts
named in the writ, the discretion of the Justice ssu-
ing the same. And the writ may be returnabIe to any
term OF either o said courts not expired when the writ
issues, at the next succeeding terD in any county
Sec 8. In addition to the persons authorized by the
said llh chapter of the Revised Statutes to serve wrs
Of habeas corpus, any constable Of any city or town. nav
in said city town, any writ of habeas corpus is
sued under this act.
Sec. 10. The whole Of said 1lth chapter shall apply
to all proceedings under this act unless they are ncon-
sstent with any provisions Of this act.
Sec IL. Whenever the person arrested or imprisoned
on the ground ofhis being held to service or labor shall
not, on the hearing, be discharged by the Judge or
Court before whom the writ is returned he NAV claim
la jury trial before the court Of which the Judge who
heard the is member, on entering into recog-
nizance with sufficient surety or suretes before said
Judge court for his appearance al the said court at
the next term thereof, in the county, and prose-
cutting his appeal to final judgment. The penalty of
such recognizance shall in no case exceed thousand
dollars.
Sec l2. The Court to which the said appeal is made
shall direct trial by jury Of all questions controversy
Under habeas corpus between the person arrested or
imprisoned, and the claimant; and the verdict of such
jury shall be final and concusive and udg nent shall be
entered thereon; and the Commonwealth shall pay all
the expenses Of justice fees, serving the writ Of abe0s
corpus, witness fees, summoning Witnesses and clerk Is
fees, which may I've incurred by any person obtaining
writ Of habeas corpus under this act
Sec 10. This act shall take effect from and after its
passase' NFA@ @naRa .ftfA