The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-03-26
an Act for the Preservation or Personal
Rights and Liberty.

Rights and Liberty
large number OF petitions have been pres ntsd 20
the Legislature asking the passage Of laws To toe
writ OF babeas corpus and trial by Jury 70 persons Ia
this state cla ned as fugitive slaves and 20 prove
10 select committee OF the Assembly Of which Mr.
Phelps. OF 0pondags, made chairman. The folloT.
Ing bill has been reported as the result Of the bo OF
An ACT ron rIm BITTER FERMENTATION or TgE ooSsrru.
TiosAL RIGHTS AID LIEKRT1Es on Tue PEOPLE o. rms
sTATE
sect on Every inhsbitant OF this State who shah
be arrested, committed ce'aned, under the pretsncs
that such person service labor unisr toe laws
any Other State is entitled OF right prosecute
writ OF hsbeas corpus in tbs prescribed by the
kevsed Statutes and Il shall b. the duty Of e. Dis.
ct Attorney Of the county In which the clam Of such
service shall be made prosecuted upon being atyisd
thereof, TO appear In person by deputy, (who Ia
o. oniission msy be appointed by Judge o. the
couEis) upon every proc.e1 iDg vhere-oeyer had in
ference 70 the trial Of the claim; TO mat
wrong s dcne By any person or officer wha, ocver
sphinAt the person so ella med against the rghts
reace or dignity o. the people Of the STATE
sec .. The court officer before whom the writ Of
babeas corpus Is returDable shall the application Of
any party the pro.eedipg order any issue ayoly ng
the night to freedom OF the said person 10 be tried BY
jury, 70 be speedily summoned for tbs purpose. Upon
the trial Of the Fsd ssue the burthen Of proof shall
rest upon the claimant and shall b. sustained BY Legal
evidence, excluding ~ poye depetons and the tss.
inor declarations o either % the parties The Jury
shall have the RICH, ITO return general verdict snd .
e,sicse the same general discretion 10 or ninAi
cases; and the finding by thsm Of verdict Of not
Guilty. shah be final and conclusive; any attempt
thereafter the part Of any person officer, with or
without the color OF law 10 seiae such
fugitive owing service shall be act without the
authority Of Law, and punisha BILE accordingly.
sec B. Any person Who shall remove from the
limits OF this STATE or ths assist IN removing there
from, or shah come into the State with the intn
ton OF removing Of assisting in the removing
th.refrom, or shall procure asaist In procuring
20 be 20 removed, any person who Il not hell q
service labor unoer the laws o. any other sA,
who hss not escaped from such service labor under
the rretenee that snch person 4 80 held and has %
eecaped. sh9 be punished by fine 81 not less tnan
t2tto, more than 5000 and BY Imprisonment In
The State prson not les than I've nor more th.n ten
year..
Sec & 40 jail or other building belonging 10 or under
the authority Of the people Of this STATE Of any
nicpa corporation county thereof ,ha1 DO used for
the confinement OF sny person charged with beng a
fugitive bsh " service unless BY order % Judge 81
this state p. nding The proceedings writ ~ habsaa
corpus beren provided; such order tbsu oniy B.
vhch may only he the execution by the csinant 81
bond ~ indemnify With sufficient suretles 70 the per
cisiIed for toe payment Of al damages h may
suffer ~ The said claim 10 ca'e the same shah M b.
spta'nsd by the verdict Of jury and any person h.v
Ing The control a. any such jail other build
ing Who shall permit the Continent Of such alleged
tive therein except hertin authorized shall be
S.rtsa the payment 81 fine 81 Gys hu ndrei dollars
snd imprisonment In the State rrison Cor two yssrs
rec. l. Al persons holding any ec " rugt honor
ernolunsnt Wbatso~vtr By apIointnsent election n
virtue of any lsw Of this state are rerrsy ptohb,el
from directly OF Indirectly arrsstng keeping Ia custody
any prrson Whatsoever fugtiye sav'
W virtue a. the acts of Congress- respecting iuyiuys
hon jun,ics asd pertons escaping from tue sesvics
their masters any u them; and evcry person vhf
sLa directly indirectly shsii forfeit say
nissIen which he may bold 70 any Office civil or mil
tAry prder or W virtue ~ any Law ~ this state h
oce shs 10 eeeDsd vacant and he shall - forever there
ai<r ipeusibs 70 soy once Of trus. ssia snas
| the laws al thts STATE
fror s-trgin any IN the ~srure ks~paK r~s
dor ~ tsFson Tor the rsNssr q ~ ne tasl.ssa
irs'a'e Save, u&-sss "a ss-'-istes ia<sAss. q