Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1855-12-08

and the finding Of the verdict el net guilty
is declared final and concluslvs. And il Is
provided that no confession, admission or
declaration ofthe alleged fugitive against
himself shall be given in evidence. Upon
avery question of fact involved N the 'sshc
the buldtn Of proof rests on the claimant,
aud the facts alleged and necessary to be
established must be proved b, !he tessi-
mony Of at least two credible witnesses, or
other legal evidence equivalent thereto
Eosx parte deposition OF AFFIDAVIT; is allow
ed AS eroof in behalf Of the claimant, and
no presumption sha!! arise in favor OF the
claimant from any proof that the alleged
fugitive or any of his ancestors had been
actually held as a slave, without proc! that
such holding was legal.
Thus II will br seen, that after taking
fugitive by tabeas corpus out OF the hands
OF the officers " no may have arrested him
under the laws Of congress. the owner by
this Act i. placed nuder conditions Impossl-
bic to be con- plis,l with, unless al an ex-
pense ia, greater .han the value OF bis pro-
p<rty. Again--the judge or court, before
whom the writ may be returned may adj
nit the slave 10 bail in any sum from one
cent to two thousand dollars, and dis
charge him from custody, and III thu way
deprive the owner Of his slave.
But the untriendiy disposition OF the leg
,s,ature Of Massachusetts, towards the slave
holding Stat-s is more clearly maniiestea
in the character Of he penalties adopted
to enforce this most unjust act. They
have rot only rendered the recovery OF a
fugitive slave impossible unde' the law of
congress, or their own act, bat they have
provided for furnishing, in the severest
manler, the oNner who may attempt to
recover his slave from that State and fail
in such attempt. The ac. further prsvitifs
that if any person shall remove, or assist
10 removing, or come iato thai State With
the intention of removing OF assisting III
removing, or to procure or ASSIST 10 De re-
moved, any person not held TO surviNr
O: labor, with intent to subjen. BIN to such
service or labor, such person shall he haed
no; less than one thousand nor more than
five thousand dollars aad be imPfisoHed
in the STATE prison not less thsh one nor
more than five years. This is the penalty
for al Unsuccessful attempt 10 recover
runaway slave.
II fur,aer provided that no person hold
iag any Office Of honor, trust or einolu-
racnt in Tint State, shall in any capacity
issue any warrant OF other process, or
grant auy certificate. under or by virtue
Of either of the acts Of congress, fol the
rendition of fugitive slaves. Aud any pei
son who shall grant any certificate under
ssber ri the said acts OF congress. shah
vaca,e any Office be raay hold under the
State aud shsli be forever theieatte ineii-
glAie to ANY Office OF trust honor o: emo
lument uneer the Laws Of THAI common
wealth. Aud any person who shall act
as counsel for any claimant 81 ali alleged
fugitive from service Oh labor, under eth
sr of the said acts o! congress. shall yacate
any commission he may hold, ehd be there
si.er incepacits,rd from appearing as coun
ael or attorney III the courts OF that com
monuealth. These two provisions s'lal!
not apply to removal from Judicial Office;
bur ii any judge shall perform either CT
the acts, il shall be breach Of good be-
havior. aud reason fot loss Of public CONT
deuce. and sufficient ground fer isnpeaeh-
men. OF removal, by address.
It 10 also declared, tAsseye1y shrfid, DC.
putty sheriff, jailof, coroner, eonsisbte, or
other officer OF the State, or .I4e police Of
any city or town, or any oi1irer or
other member Of the volunteer militia OF
the comnonw ea!th, who shall assist I'M
prison, detain or restrain, OF aid iiere,h,
any person fer the reason thai liz Is eRiin-
ed, or sdudsed 10 be a fugitive from .ei-
vice or labor shall be hnrd not icss tlan
one thousand and not more thaa ,w thea
sand dollars, and be imprisoned IN the
!,
than two years; and tie volunteer militia
are prohibited from acting in ahy fsnnet
in the seizure. deteution or rendition Oh
fugitive slave. under the like ilur and inn
prisonnrnt.
This act makes provision Ger the sp-
pointment OF commissioners in every coun-
~ in the State. 10 p'otee', defend and &c
cure to any alleged fugitive slave far
and mparlia! trial by jury, and the benefit
OF it's provisions. The fees aud expenses
Of the commissioners, witnesses and ciiice:s
in such d.teher, &c, to DC pad by 'hs
state. No jail OF PRISON OF that S,atr, OF
Of any county therein, she'll be used 10 lm-
prison any person accused for any offence
created bv either OF the laws oi congress,
passed in 1888 OF 1850, respecting fegi-
tives from justice, nmd persons escaping
from the service Of their masters. or who
may be convicted of obsirucIng OF resis-
ling any process, warrant or order issued
under said laws, nor fol the imprisonment
Of any person arrested on process OF exc
eu.ion for damages Of penalties accrulng
or claimed in consequence o' any AID rcn,
dered to any escaping fugitive slave.
Thus, it will be seen that the who.e
purpose of this act is TO render hnll and
void acts Of congress passed 10 execute a
clause Of tae constitution essential TO the
security OF slave property in the southern
States, and without which no slayeholdlna
State w ould for moment have ratified the
constitution.
the constitution provides expressly,
''that no person held 10 service or labor in
one State, uadsE the laws thereof, esca-
ping into another, shall, IN consequence Of
any lew or regulation therein, be d,sehar-
ged from such service OF labor, but shall
be delivered upon claim OF the party to
whom such service or labor may be due. =
The act of Massachusetts, in every para
rraph is intended by its !ramer. ayoWeeiy