The national era. [volume] (Washington [D.C.]) 1847-1860, 1855-06-14
THE PERSONAL LIBERTY Law OF MAssA-
CHUSETTS


vast majorities in both Houses of the Massacbu.
sets Legislature:
AN ACT protect the Rights and Liberties of the People
ofthe Commonwealth of Massachusetts.
Be 1t enacted by the Senate, dc. SECTION l.
All the provisions of the "Act further to pro.
tect personal liberty" passed the twenty.fourth
day of March, in the year one thousand eight
hundred and forty-three, shall apply to the "A CT
of Congress approved September eighteen, in
; the year one thousand eight hundred and fifty,
entitled "An Act to amend, and supplementary
to- the Act entitled San Act prospecting fugitives
I from justice and persons escaping from the SER
vice of their masters"
SEC. 2. The meaning of the one hundred and
eleventh chapter of the Revised Statutes is here
by declared to be, that every person imprisoned
or restrained of his liberty is entitled, as of fght
and of course, to the writ of ha6eas corpus ex-
l cept in the cases mentioned in the second sec.
ton of that chapter.
Sec. 3. The writ of ha5eas corpus may bA is.
sued by the Supreme Judicial. Court, the Court
of Common Pleas, by any Justices Cours or
Police Court of any town or city, by any Court
Of Record, or by any Justice of either of said
Courts, or by any Judge of Probate; ard it
may be issued by any Justice of the Peace, II
no Magistrate above named is known to said
Justice of the Peace to be within five miles OF
the place where the party is imprisoned or re-
strained, and it shall be returnable before che
Supreme Judicial Court, the Court of Common
Pleas, or other Court of Record, or any one OF
the Justices thereof whether the Court may
be in session or not, and in term time or ssca-
ton.
SEC. 4. The Supreme judicial Court, the
Court of Common Pleas, or other Court of Rec
ord, or any Justice of either of said Courts, be-
fore whom the writ of hdJeds corpus shall be
made returnable, shall, on the application of
any party to the proceeding, order a trial by
| jury as to any facts stated in the return of the
officer, or as to any facts alleged, if it shall APP
pear, by the return Of the officer otherw Sc,
that the person whose restraint or Imprisonment
is in question is claimed to be held to se1sce
or labor in another State, and to have escaped
| from such service or labor, and may admit said
| persons to bail in sum not exceeding two
thousand dollars. In such case, issue may be
Joined by general denial of the facts alleged,
the plea may be not guilty, and the jury shall
have the right to return ageneral verdict, and
| the same discretion as iuries have In the trial
of criminal cases and the finding of verdict
of not guilty shall be final and conclusive.
Sec. 5. The Court or Justice before whom
the writ of hu6eas corpus is returnable shall,
unless a jury is already in attendance, by
warrant command the sheriff of the county, or
his deputy, to summon jury in the manner
provided in the tweuty-fourth chapter of the
| Revised Statutes, to attend at the time and
place stated in the warrant at which time and
place they shall be impanneled, and, having
elected foreman by ballot. the Issue SO framed
shall be put to them for their determination.
In case one jury shall disagree, the issue may
be submitted to the other jury, or continued to
the next term, at the discretion of the Court.
And in every case of disagreement, another
jury may be summoned and qualified as above
provided, forthwith or at future day, IN the
discretion of the Court or Justice before whom
the writ is returned, until verdict shall finally
be rendered upon the issue. If any person
summoned as juror, as aforesaid, shall fail to
attend without sufficient cause, he shall pay
fine of $50. And if, by reason of challenges or
otherwise, there shall not be full jury of the
persons summoned, the officer attending the
hearing shall return some suitable person or
persons to supply the deficiency.
SEC. 6. If any claimant shall appess to
demand the custody or possession of the person
for whose benefit said writ is sued out, such
claimant shall state in writing the fac.l on
which he relies with precision and certslnt
and neither the claimant of the alleged fuf tive,
nor any person interested in his alleged OLGA
ton to service or labor, nor the alleged ful tive,
shall be permitted to testify at the trial { the
issue and no confessions, admissions, or celia
rations, of the alleged fugitive against hi nseli
shall be given in evidence. Upon every Iues-
ton of fact involved in the issue, the buro en- of
proof shall be upon the claimant, and the facts
alleged and necessary to be established must
be proved by the testimony of at leas two
credible witnesses, or other legal evidence
equivalent thereto and by the rules of evidence
known and secured by the common law; and
| no er pa,te deposition affidavit shall ae re-
ceived in proof in behalf of the claimants and
no presumption shall arise in favor OF the
claimant from any proof that the alleged fugi-
tive any of his ancestors had been actually
held as slave, without proof that such h,lding
was legal.
SEC. 7. If any person shall remove fro a the
limits of this Commonwealth, or shall assist in
removing therefrom, or shall come int. the
Commonwealth with the intention of rernof ng or
of assisting in the removing therefom, o. shall
procure assist in procuring to be SO rer owed,
any person being In the peace thereof Tho is
not held to service or labor" by the ~ .erty
making claim" or who has not ''escis ped
from the "party" making "claim," or whose
"service or labor is not "due" to the farty "
making claim within the meaning of Chose
words in the Constitution of the United Ates,
on the pretence that such person is so h.ld or
has so escaped, or that his "service or labor
is so "due," or with the intent to subject him
to such "service or labor he shall be punish
ed by a fine not less than one more than
FIVE thousand dollars, and by Imprisonment in
the State prison not less than one nor more
than five years.
SEC. 8. Any person sustaining wrong or in
jury by any proceeding punishable by the
preceding section, may maintain an action and
recover damages therefor in any Court com
petent TO try the same
! SEC. 8. No person, while holding any Office
| of hoaor, trust, or cmolument under the laws OF
this Commonwealth, shall in any capacity issue
| any warrant or other process, or graet any
certificate, under or by virtue Of an act g Con
gress approved the 9th day of February<in the
year 1893, entitled "An act respecting fugi-
tives from justice and persons escapins from
the servi ice of their masters or undef or by
virtue of an act of Congress approved t. 18th
day of September. in the year 1850, tititled
"An act 70 amend and supplementary 'An
act respecting fn9itves from justice and ersons
escaping from the service Of their mas ers, y
or shall in any capacity serve any such >arran,
or other process.
SEC. 10. Any person who shall grant say Ger
tificate under or by virtue of the acts * Con
gress mentioned in the preceding sectio4, shall
be deemed to have resigned any commission
from the Commonwealth which he may Possess
his office shall be deemed vacant and Ea shall
be forever thereafter ineligible to any ofice OF
trust, honor, or emolument, under the Jaws OF
!, this Commonwealth.
SEC. IL. Any person who shall act az coun
sci or attorney for any claimant of any alleged
fugitive from service or labor, under or by vir
tue OF the acts of Congress mentioned in the
ninth section of this act, shall be deemed to