Washington sentinel. [volume] (City of Washington [D.C.]) 1853-1856, 1855-03-29

oiy nave recently reported, through their chair
man bill entitled . An act for the better pre-
servation of the constitutional rights and iber
ties OF the people of this State" That our
readers may see for themselves the wild ex-
cesses to which reckless abolitionism is run
ming, we publish the bill below. Such pro
ceedings need no comment. They speak but
two plainly for themselves. They seek to pre-
cipitate-to force terrible conflict between
the Federal and State Governments, between
the Constitution of the United States and the
laws OF State, and between the Northern and
Southern States. 1t is 10 be hoped that the
New York Legislature will not be SO reckless,
rash and wicked as to pass such an odious
and fagitious law.
Ar Act for the Better Preservation OF the
Constttutional Rights and Liberties OF
tho People OF this State.
SECTION |. Every inhabitant of this State,
| who shall be arrested, committed or detained
under the pretence that such person owes SER
wee or labor under the laws of any other State,
| IS entitled as OF right to prosecute writ of
habeds corpus in the manner prescribed by the
| Revised Statues and it shall be the duty Of the
District Attorney of the county in which the
claim of such service shall be made or pro-
secuted, upon being advised thereof to appear
in person or by deputy, (who in case of omis-
sion, may be appointed by judge of the
county) upon every proceeding wheresoever
to see that no wrong is done by any person or
officer whatsoever against the person so claimed,
or against the rights, peace or dignity Of the
people-of the State.
| SEC. z. The court or officer before whom
the writ OF habeas corpus is returnable, shall,
on the application of any party to the pro.
ceedlng, order any issue involving the right to
freedom OF the said person to be tried BY
jury, to be speedily summoned for the purpose,
Upon the trial of the said issue the burden Of
proof shall rest upon the claimant; and shall
be sustained by legal evidence, excluding er
parte dispositions, and the testimony or decla.
rations Of either of the parties The Jury
shall have the right to return a general verdict,
and to exercise the same general discretion as
in criminal cases; and the finding by them of
a verdict of Not guilty." shall be final and
conclusive; any attempt thereafter on the part
OF any person or officer, with or without the
color OF law, to seize or remove such person as
a fugitive owing service, shall be an act with
out the authority of law, and punishable &C.
cordingly.
Sec 3. Any person who shall remove from the
limits of this State or shall assist in removing
theretrom, or shall come into the State with
the intention OF removing or of assisting in the
removing therefrom, or shall procure or assist
IN procuring to be so removed, any person
who is not held to service or labor under the
laws of any other State, and who has not es-
capped from such service or labor, under the
pretence that such person is so held and has so
escaped, shall be punished by fine of not less
than $4,000, nor more than $4,000, and by
| Imprisonment i'll the State prison not less than
five nor more than ten years.
SEC. 4. No Jail or other building belonging
to or under the authority of the people of this
State, or OF any municipal corporation or county
thereof, shall be used for the confinement Of
any person charged with being fugitive held
to service, unless by order of Judge of this
State pending the proceedings on writ Of
ha6eas corpus as herein provided; such order
shall only be made in default of reasonable
bail, if bail be demanded, which may only be
on the execution by the claimant of bond
of indemnity with sufficient sureties, to the per-
son SO claimed for the payment of all damages
he may suffer by the said claim in case the
same shall not be sustained by the verdict Of a
jury; and any person having the care or control
OF any such jail or other building, who shall
permit the confinement of such alleged fugitive
therein except as herein authorized, shall be
subject to the payment of fine of five hundred
dollars and imprisonment in the State prison
for two years.
Sec. s. All persons holding any Office of
trust, honor or emolument whatsoever, by ap.
pointment or election in virtue of any law of
this State, are hereby prohibited from directly
or indirectly arresting, keeping in custody or
surrendering any person whatsoever as a fugi.
tive slave by virtue of the acts of Congress, re.
speeding fugitives from Justice and persons
escaping from the service of their masters, or
any OF them; and every person who shall so act
directly or indirectly shall forfeit any commits
sion which he may hold to any Office civil or
military, under or by virtue of any law of this
State; his office shall be deemed vacant. and
he shall be forever thereafter ineligible TO any
office OF trust or emolument under the laws OF
this State.
SEC. 6. The volunteer militia of this State
are prohibited from acting in any manner in
the seizure, keeping or rendition of any person
for the reason that he is claimed as a fugitive
slave, unless in obedience to the Judgment of
a court on the verdict of jury as herein before
provided, and any member of the same who
shall offend against the provisions of this act
shall be punished by fine not less than $3.50
nor more than $1,000, and by imprisonment
LOT TWO years IN the State prison.
SEC. Z. The tenth section of title VII. part /.
chap. 20 of the Revised Statutes, authorizing
the Mayor or Recorder Of the city of New York,
in certain cases, to send back fugitive from
service, is hereby repealed
SEC. g. Any judge, sheriff or other officer,
who shall relinquish,,in any manner whatso-
ever, the jurisdiction and authority vested in
them, or any of them, by virtue Of the laws of
this State, to any court or officer, judicial or
executive, of any other State or of the United
States, in any proceedings authorized and insti-
tuted under this act, shall be adiudged guilty
of misdemeanor and the person SO offending
shall, on conviction thereof, in addition to the
forfeiture of his Office, be punished by fine of
one thousand dollars and imprisonment in the
State prison for two years.
SEC. 8, All expenses properly incurred in the
protection and defense of any inhabitant of
this State claimed, seized or arrested as a fugi-
tive, together with reasonable counsel fee to
the District Attorney or his Deputy for services
performed under this act; to be certified in each
case by Judge of the county, shall be audited
hxyt he ~, ,,&tr H. - 4. - m