The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-05-26
Nre.sachusetts NuiIltfcat,on.

Massachusetts, Nuilihcation.
TIE FUGITIVE SLAVE PERSONAL LIBERTY BILL.
The following copy Is, We believe the law IS i was
By him, again passed on Monday last By vote Of
% to In the Senate, and s2s to rs in the House,
PROTECT THE RIGHTS AND BERriKs PEOPLE
on THE COMMONWEALTH OF MASSACHUSETTS,.
sectiohl All the provisions OF the .aet further to
= ONE hundred ana
IS in the thousand eight hundred and fifty,
enttsd IAN act to amend, and supplementary TO- the
act entitled AN act respecting fugtives from justice
and persons escaping from the service Of their mas
Sec 2 The meaning of the one hundred and eleventh
chapter OF the Revised statutes hereby declared to be-
that every person Imprisoned restrained OF nus liberty
u entieo, of hight and of course to the grit OF h,
eection Of til at chapter.
TIE Suprs me judicial Court the Court Of Comrnon Pleas
by any Justices Court Police Court OF town or
city BY Court OF Record BY Jush:o OF either
If ssid coufts by any Judge Of Probate and it may
lie issued by any Justice of the Peace il no magistrate
above named known said Justice OF the Peace to be
within five miles Of the place where tas party ia ipris
ped restrained and shall be returnabls before the
supreme Judicial Court the Court Common Pleas or
Their Cov.t OF Record of tas Justices there
or WHETHER the Court may be in session not and In
SEED NE Supreme Judicial Court, the Court Of m
mon Pleas otLer Court Of Record any Justice of
either Of ssit Courts before whom the writ Of habas
US shall he made IetuJnable shall, the application
4 any pary to tie proceeding order trisl oy jury as
10 aetg EtateG in the return OF the officer as TO
facts tIiAgec II shau the OF tne
ticer otherwise that the person whose restraint or
impsonmen in question is claimed 20 BIO held to SER
vice OF labor n anohe: state ana have escaped from
such service labor and may Admit said .rsoD TO bau
in o not exceeding two THOUSAND collars Ic such
case issue sy be joined by general deu:s OF The facts
alleged, tie Plea may be not guilty, ard the jury shalt
have Inc right to retr1p gems i verdict and III
disc juIies have in tha rial of criminal
cases ana he finding of verdict OF not guilty shall be
Sec s. TIE Court OF Justice before who the writ Of
habess corpus returnsbie shall, uul's' jury i a.
fu IN n fnd anrE u
of the county his deputy, 70 sum jury In the
manner oyiaed in the twtnty foursa chapter OF tie
in the warrant at winch time and place they shall be
empsnr ellsd snd, having elected foem4n by bslot,
the fra sd shalt be put to them for their determi
nation In jury shall disagree the issue may
be submitted to the other jury or ooateaeh TO the next
term at tLs dissection of the Court And IL every
of disagreement, another jury may be Summoned and
qualified ato7e provided, forthwith at future
day in ths siscretion OF ths Court Justcs before
whom the E.it s returned, until ysrict sh.n finally
be rendered pom TIE issue. IL any person uoned
juror aioresaid shall TAIL 10 ATTEND Sithout sui
fcent cause, Re she'll pay fine of fifty dollars And
ii, by rea on Of challenges or oihersue there shall
not Be III, jury o. the persons sp@m1ne, the officer
or persons 70 supply the deficiency.
sec. g. II any claimant shall appear to demand the
custody possession of the pe,rcn who's, beneut
kaid wit IS sued ont, c'aim7nt shall state in
writing ths facts on which be relies stta precision and
certainty anu NEITHER the claimant Of tue alleged fug,
tive, any intere Ted in bis alleged obg alton
20 seryce or labcE, the alleged fugitive, shall be
permitted 10 testify OF the trial Of tse sss and
tive against hin self hall given IL evi!ence Upon
every question of fac involved is,c the baren
Of proof shall b On the claimant, ana .he facts alleged
and necessary to D. established ns. be proved oy the
testimony Il ST asst tso lible witnesses, othsr
legal evidence squvasnt thereto ana b, thu rules Of
ev5sLce Lnovn snd secured BY the ccmmou law aud
er PdTe dspos tier or Sdayit shall be received ii proof
in Behalf u tie claimant ana pr,sum ?tion shall
arise IL fas OF the claimant rGu agy pruof that this
alleged fugitive his h4d beea actually
he'd as slave without pr6o taas sGsh holding legal
Sec. T. II siy perrcn .hs r-csva >tocn ths ua'ts of
rsm
fo or sha coae into the Common Ssalih With the in
teEtsn 1r1eviCg or Of assisting in tie removing
tnereicc, or sea pro cure aGsst procuring
so removed Persoa being In tAs pace thereof who
is not t,!d TO service iabvf'' by tao party max
ing ''c!nm, WHO bas not sscrrea from the 'spar
t. making Hclam, " or w5ose .aborn il not
"tue'' TO The ''parsy' Z, -kiog 'c,sm." within the
meaning OF thcse words ia the ,nss; uo of the United
States, u The pretence that sach pssUa hsld
has SO efcspsd, or tcat his 'sery;cs libor is
"due, CT 1ith the intent TO suhs:t such sser
wee lattr, lie eha1i be punished by foe not less
than ole u pusanS tan Eve thnlsani dollars
aGd by II psI msnt in tee State prson not lezs than
nor use than five years.
Sec 8. Apy person sustaining wrong Or injury By any
ptolet6,t pan stable hy the preceding tec.on, may
rcsat1ia action and recover camsg.s therefor ia aay
court M, ets. 70 try The sagne.
sac .. No person, white holding any o1ice Of honor,
trust sueoumsat, tbs !, ., this Common.
wealth shs, 70 aay capa:isy, issue Any z1sra1t or
other ptoesss or great .ny certidcls4 uady By
February, II The year taosaua hundred and
hoetg lhrrs entitled Au act fugtiyss from
ustice ald persons escaping from ,hs o. toeir
masters "r under or 81 virtue o. aet o. Congress
approved tAs eighteenth day Of Sept pber in year
ons tbouss - eight hubdJ ed aud III t, elttsd "
to smet nni suppcm0n TO- An tct respecting III
Rtives fro jastlne add persons ping from tbs
vice o. acif sseIs shall 10 aay capa,i.y serve
any such vs,ra1. tr OF process
Sec 10 Any psrzon who shall graft any certid ,ats
CnoeE or By VIRUS OF the acts OF Goa cd ia
The preesc-3E ssstCn shall be deems 10 rss,gGei
sCy corz-' sion f-Jp tbs Cem 4saltl which he
possess his elise shah be deemed vcan aai he snail
forever scy Office .ust houo,
or emolar 1t uzd., the Laws Of tbs mmoa wealth.
III
ney fer Sr cssCaot 4 any all se1 t!fs service
OF labor u5 Fl CT by virtue OF the act Congress- ea.
toned The Iinth Sc cton OF tsis xc ss. Se dee ned
to have resigned any commission ftom the CJm non.
wealth that e may possess aud hs sas oe in.
capscit1.d 1T q eepeariDg c34nsel attcEuey ia
ths courts a t'is ,rmmor veal
sec Il He tso preceding sections siAi rot Apply to
rtuoval tTov u 5icia o1ce bat eithsf actions
there st eiisc hAl DE pero bs aoy y.s-ua n;
JUDICIAL eli e -nder thia Coamon zeal t. scail be
Aoerd e. goiaou OF good leha siour, wen rs a
reason for 4oss o. pubic confidence farnishing
sufhce ground either for mpe'chment for removal
by sedIess.
See. Is Any sheriff, deputy sheiT ir,ler, coroner
constable o. other cc:r OF taig Sellh or the
police 81 an city or tewp, Any district couuty city
or tow officer, any officer her % the
luntesr militia & Commonwealth VIA sh, here"
AFTER steei in tson, cetsR retufv aii arrest
Ing kpprs3aing oetaiping or re5uecn any d ram f,r
tae reEsoc that he IS claimed aaj isei rug
ave from service o. asor, shsu be puGi-htd by uc
ss thaa toua ad AMI rot eHceeisI two tn ,asand
dollars ami y Imprisonment IL tbs state prison for not
less than W more than tToS years
Sec. Ia Tae volunteer militia OF this wealth
bnAa at mAout 10 tus htHre. d-tsnlion or
rendition o. aEy person for oe reason tia. he Is ca'isd
aducged &c be fugitive fraG ssryics os labor ANY
me mber q! the same who shall off, nd against prJ
vsiopa OK Ia ection sSal bs punished By ne not lsss
than tbocsand. ami not excrs6tng two koussnd
collars aud by imprisonment 10 tho Stae prison for not
Less than oae, more thaa two yea.s.
Sec. is. lis Governor, by and wth tie advice aud
consent Of he Council sha appoint acssry mtg oDe
oe issouers learnec in ne a- whose ddty it
shall be- their respective coacties when ny person ia
this state is arrested seized il Danger OF bpag
rested or seizee fugitive from or lAbos,
being in orm ed tbtSof, dhsenly al faithfully to
al lawful m ans ~ protect dsieni lnd scare TO sash
alleged fugitive far and iDpsrd< trial by jury, add
the benefits of the provisions ci iris act sud aug
torney whose ssrvces desired by the alleged fuyi
tive may also act as eosEsel n tae cass
Sec 1e The mmissoners e6si dc!fay all expenseso OF
Witnesses clerks fees officers tee expenses
which may be incurred IN tbs teetou Sui dstence OF
any person seized arrestea fugitive from service