Cooper's Clarksburg register. [volume] (Clarksburg, Va. [W. Va.]) 1851-1861, 1855-12-19

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lcommonwealth Of Massachusetts,, it isI
provided chat the act OF that State fur
taer Is protect personal liberty, shall ap-
Ito Che act d Congress of the 18Th rot
septenber. fB5e. providing for the return,
of slaves escaping from their masters, and
that the writ of habeas corpus shall be.
/ extended to every person imprisoned or
trestfained Of his liberty, as Of right, and
of course, may be issued by any court of
record. or any judge or justice of the
lpeace in the state, returnable to the SUI
lpreme court, or judge thereof and if it.
appear that the party restrained was a
fugitive from service or labor in another
state, he may be admitted to bail in any.
sum not exceeding two thousand dollars.
The claimant is required to state in wri-
ting, the facts on which he relies, with
percision and certainty. An issue upon
the plea Of not guilty is directed to be
Joined on the facts stated. A jury is to
be impanneled thereon who may return a
general verdict, and the finding of a verS
dict is declared final and conclusive.
And it is provided that no confession. ad-
missioner declaration ofthe alledged fugi-
tive against himself shall be given in ey-
idence. Upon every question OF fact in
yolVed in the issue the burden of proof
rests on the claimant, and the facts alledg
ed and necessary to be established must be
proved by the testimony of at least two
credible witnesses, or other legal evidence
equivalent thereto. No exparte deposit
ton or affidavit is allowed as proof in be-
half Of the claimant, and no presumption
shall arise in favor of the claimant from
any proof that the alledged fugitive or
any of his ancestors had been actually
held as slave, without proof that such
holding was legal.
Thus it will be seen that after taking a
fugitive by habeas corpus out of the hands
Of an officer who may have arrested him
under the laws of congress, the owner by
this act is placed under conditions impos-
sible TO be complied with, unless at an
expense far greater than the value Of
; his property. Again-the judge or
court before whom the writ may be re-
turned, may adait the slave to bail in
any sum from one cent to two thousand
: dollars, and discharge him from custody,
and in this say deprive the owner Of his
slave.
} But the unfrendly disposition OF the
5 Massachusetts legislature towards the
/ stavehold!ng states is moro clearly maui>
tested in the character Of the penalties
adopted to enforce this most unjust act.
; they have not only rendered the recove-
; ~ OF fugitive slave impossible under the
: law OF congress, or their own act, but
they have provided for Furnishing in the
: sevcrest manner, the owner who may at
tempt to recover his slave from that state
/! he fail in such attempt. The act pro-
: vides that if any person shall remove, or
assist in removing, or come into that state
with the intention of removing, or assist
ing in removing. or to procure or assist
to be removed, any person not held to
5 service, or labor, With intent to subject
2 him TO service or labor, such person
shall be fired not less than one thousand
! nor more than FIVE thousand dollars,
t and be imprisoned in the state prison not
less than one nor more than five years.
} This is the penalty for an attempt to re-
cover runaway slave.
1t is further provided that no person
! holding any Office of honor, trust or
: emolument in that state, shalt in any ca
, paclty issue any warrant or other process
! or grant any certificate, under or by viz
: tue Of either Of the acts of congress, fox
t The rendition offugitive slaves. And any
? person who shall grant any certificate
under either Of the said acts Of congress,
shall vacate any Office he may hold under
. the state, and shall be for ever thereafter
Ineligible to any office of trust, honor or
} cmo!ument under the laws of that com
! monweaIth. And any person who shall
! act as counsel for any claimant for an al
legged fugitive from service or labor under
7 either of said acts of congress, shall va
e cate any commission he may hold, and be
S thereafter incapacitated from appearing
as counsel or attorney in the courts of the
$ commonwealth. These two provisions
shall not apply to removal from judicial
r Office but if any judge shall perform els
Their of the two acts, it shall be breach
+ of good behaviour, and reason for loss of
t public confidence, and sufficient ground
for impeachment or removal by address.
, 1t is also declared that every sheriff,
t deputy sheriff, iailor, coroner or other Of
: hcer of the state or the police of any
l city or town, or any district court, city or
$ town officer, or any other member of the
volunteer militia of the commonwealth,
: who shall assist, imprison, detain or re-
strain. or aid therein any person for the
reason that he is claimed, or adjudged
to be fugitive from service or labor,
shall be fined not less than one thousand
nor more than two thousand dollars, and
be imprisoned in the state prison for not
: less than one nor more than two years !;
! and the volunteer militia are prohibited
from acting in any manner in the seizure,
detention or rendition of fugitive slave,
J under the like fine and imprisonment.
} This act makes provisions for the ap-
Polntment ofcommissioners in every coun-
" in the state, to protect, defend and Sc