The national era. [volume] (Washington [D.C.]) 1847-1860, 1855-06-14

icate under the Act of Congress named in the
ninth section of this Act, or to serve the same,
shall at the same time hold any Office of honor,
trust, or emolument, under the laws of this
Commonwealth.
SEC. Il. The volunteer militia of this Com
monwealth shall not act In any manner in the
seizure, detention or rendition, of any person,
for the reason that he is claimed or adjudged
to be fugitive from service or labor. Any
member of the same, who shall offend against
the provisions of this section, shall be punish
ed by fine, not less than one thousand and not
exceeding two thousand dollars, and by impris-
onment in the State prison for not less than
one nor more than two years. Any person hold
ing any judicial office under the Constitution or
laws of this Comm onwealth who shall continue
for ten days after the passage of this act to hold
the Office of United States Commissioner, or
any office under the laws of the United States,
which qualities him to issue any warrant or 9th
or process or grant any certificate under the
acts of Congress named in the ninth section of
this act, shall be deemed to have violated good
behaviour, to have given reason for loss of pub
lie confidence, and furnished sufficient ground
either for impeachment or removal by address.
Sec Is. The Governor, by and with the ad.
vice and consent of the Council, shall appoint
in every county one or more Commissioners
their respective counties, when any person in
the State is arrested or seized, or in danger of
being arrested or seized, as fugitive from SER
vice or labor, on being informed thereof, dill
gently and faithfully to use all lawful means to
protect, defend, and secure, to such alleged flu
gitive, a fair and impartial trial by Jury, and the
benefits Of the provisions of this act; and any
attorney, whose services are desired by the al
legged fugitive, may also act as counsel in the
case.
Sec L. The Commissioner shall defray all
expenses of witnesses, clerks fees, officers fees,
and other expenses, which may be incurred in
the protection and defence of any person seized
and arrested as fugitive from service or labor;
and the same, together with the reasonable
charges of the Commissioners for their services
as attorneys and counsel in the case, shall be
paid by the State Treasurer, on warrant to be
issued by the Governor.
SEC. II. No Jail, prison, or other place of
confinement, belonging to or used by either the
Commonwealth of Massachusetts any county
therein, shall be used for the detention or i'm
prisonment Of any person accused or convicted
of any offence created by either of the said acts
of Congress mentioned in the ninth section of
this act, or accused or convicted Of obstructing
or resisting any process, warrant, or order,
issued under either of said acts, or of rescuing
or attempting 10 rescue any person arrested or
detained under any of the provisions of either
of said acts, nor for the imprisonment of any
person arrested on mesne process, or on execu-
ton in any suit for damages or penalties accru-
ing, or being claimed to accrue, in consequence
of any aid rendered to any escaping fugitive
from service or labor.
Sec. Is. All the provisions of law as to the
writ of habeas- corpus, heretofore existing and
in force, so far as applicable, and so far not
hereby changed, shall apply to the cases arising
under this act.
Sec l9. Nothing in this act shall be constru-
ed to apply to so much of the act of the twelfth
Of February, one thousand seven hundred and
ninety relates to fugitives from justice.
SEC. 20. All acts or parts of acts, inconsistent
with the provisions of this act, are hereby repeal
ed.
Sec 81. This act shall take effect from and
after its passage.