The southern press. [volume] (Washington [D.C.]) 1850-1852, 1852-05-19

The kepuottc oil yesterday suoI~ lttio over
Qualification in Massachusetts," and tries to
fasten all the odium of it ON the Democrats 1t
also has the assurance to pirate about COALITIONS,
and charges the Democrats of that State with
having made ga monstrous blunder" What Is
treason in the South is only political blunder
in the North, according to the ethics OF this ad-
ministration organ The reason why it yentur-
ed to say even 30 much, may be found IN ihe
note appended to the editorial, as follows:
aOn Saturday the bill came up in the Massa-
chusetts house of representatives for engross-
ment, and was defeated by eleven majority"
The Boston Post, apt to DO more accurate,
says
"LEGrsLATIvE--ln the house on Saturday
considerable business of importance was dis
posed of, not the least of which was the defeat
of the personal liberty bill, by nine po,es.
There were twenty six more votes against it
than on its passage to third reading, and four
teen more in favor Of H."
We may now expect shortly blast from the
Union, which has slumbered silently over the
matter until it has been temporarily disposed Of.
Obvious reasons of policy dictate delay in its
|
passage, and powerful indeed must have been
the sentiment that could have overpowered
them, even for a time But be it remembered
by the South that this is respite, not re-
prieve
We subjoin the bill and the report of the joint
special committee.
Commonwealth Of Massachusetts,.
In SENATE, March 81, 1852.
| The joint special committee on the resolves
of Delaware, New Hampshire, and New Jersey,
to which was committed the petition of seventy
six legal voters of the town of West Boylston
for law similar to the law of Vermont, grant
| ing trial by jury to fugitives; the petition OF
Josiah Trow and seventy-nine others, legal
voters of the town of auckland, for the enact
ment Of law granting the fugitive from slavery
the right of trial by jury and an order to con-
slider the expediency of passing law authorizing
the executive to appoint commissioners to pro-
tect persons arrested as fugitive slaves, &c, re-
port the accompanying bill.
5. II. SEwALL, Chairman.
| AN Act further TO protect personal liberty.
BE il enacted by the Senate and House of Rep
resentatipes in General Court assembled, and by
the authority Of The same. as follo,os:
! Sec. l. The governor, by aud with the adj
vice and consent of the council, shall appoint in
every county one or more commissioners, learned
in the law, whose duty it shall be ia their re-
spective counties, when any person in this State
is arrested or seized, or in danger of being ar
rested or seized, as fugitive slave, on being in
formed thereof, diligently and faithfully to use
all lawful means to protect, defend, and procure
the discharge of every such person.
! SEC . IL shnli he the dutv Of tho rlnrku of
courts in their respective counties, and of any
Justice of the peace in any county in which any
person may be arrested or imprisoned as n fugi
tive slave, on the petition of any such commits
sioner, or any other person., setting forth that he
is informed and believes that any person, whose
name, if known, shall be given in the petition,
is seized or arrested or imprisoned in any place
within the county as n fugitive slave by any
person whose name, If known, shall be given in
the petition, which petition shall be verified by
the oath Of the petitioner it shall tllereupon be
the duty of such clerk or justice to issue writ
of habeas corpus in favor OF the person claimed
as fugitive slave under the seal Of the supreme
judicial court or the seal of the said Justice, in
the same form and manner as nearly as may be,
as is directed in the one hundred and eleventh
chapter of the revised statutes and said writ
shall be made returnable forthwith to the supreme
judicial court if in session in the county in which
the person claimed as fugitive slave may be
when the writ is issued, and if not so in session.
before any justice of the said court
SEC. 3. 1t shall be the duty Of all judicial and
executive officers in this commonwealth, in their
respective counties, who shall know or have
good reasons to believe that any person in this
commonwealth is about to be arrested or seized
as fugitive slave, forthwith to give notice there
&c 70 ccnvpioo;opor ~ <ko =
which the said person resides or may be found.
Src. 4. Ifupon the hearing before any Judge,
in vacation, of any writ of habeas corpus issued
in favor of any person claimed as fugitive
slave, he shall not be discharged by The Judge, he
may appeal from such decision, and claim trial
by jury, which shall be had at the next term of
the court in the same county, or at any adjourned
session of said court before the next term and
the person claimed as fugitive may give
bail to the claimant Tor hS appearance at the
next term Of the court, or said adjourned SEES
sion, in such sum as the Judge shall think suffi.
cent, not exceeding one thousand dollars, with
one or more sureies, to the satisfaction of the
Judge; and in default Of such bail he shall be
| committed to the common Jail to await the trial
SEC. s. The court to which such appeal is
taken, and any court to which writ of habeas
corpus is returnable in any case under this act,
may and shall, on application of either party to
the proceedings, grant trial by jury on all
questions of fact in issue between the parties
SEC. g. The commissioner shall defray all
expenses of witnesses, clerks fees and officers
fees, and other expenses which may be incurred
in the protection and defence Of any person
seized or arrested az fugitive slave; and the
same, together with the reasonable charges of
the commissioner for his services as attorney
and counsel in the case, shall be paid by the
State treasurer, on a warrant to be issued by
the governor.
SEC. 7. This act shall take effect on and after
its passage.
Sauve Qui Peut.
The sinking condition of the present admin