Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1857-03-13


The act, recently passed by the Wisconsin
Legislature, FOR the protection of persons
claimed as fugitiyes, reads as follows;
ANACT relatisg 10 ne Writ Of Heless
Corpus to PERSONS eldsnsef az Fhgitire
&apes, The Rgh Of Trial By jury. and
to prevent kidnapping IN he State.
SEC. ]. The People OF the State Of
Wisconsin represented in Senate and AS
sembly, do enact as follows: The same
power is hereby givcnto, and the same du-
ties imposed upon the judges OF the. coun-
~ courts Of the several counties In this
state, which are given to and imposed up
on the judges Of the circuit aud supreme
conrts by the constitution and laws Of this
state, for the purposes hereinafter provi-
ded. Z a. AAt ~
SEC. 2. II shall be the duty Of the dis
trict attorneys, within their respective
counties. whenever any inhabitapt of this
state is arrested or claimed as fugitive
slave, on being informed thereof, diligent-
ly and faithfully to use all lawful means
to protect, defend, and procure to be dis
charged every such person so arrested or
claimed as fugitive slave.
SEC. 3. The application OF any district
attorney, IN writing, to amp one Of the
judges Of the supreme court, OF to any
Judge Of the county or circuit courts, sign
ed by said district attorney in his official
capacity, stating in substance, the name Of
tho person, and namc OF the person de-
tanning him or her. if known, and that
the person arrested, claimed, aud impris-
oned as fugitive slave. shall be sufficient
authority TO authorizize the issuing OF the
writ Of hebeas corpus, as provided in
chapter one hundred and twenty-four of
the revised statutes Of Wisconsin, and
said writ may be signed by any one OF the
said judges, or by tho clerk Of the supreme
or circuit court; and said writ shall DO
made rcturnablc before either tho circuit or
county court, when in session, in the coun-
~ where such application Is made, and in
vacation said writ may DO made rcturna-
bio forthwith before either Of tho judges
aforesaid.
Src. 4. II shall be the duty Of all Judi
cial and executive officers in this State, In
their respective counties, who shall know,
or have good reason to believe. that any
inhabitant Of this state is about to be ar
rested or claimed as afugityo slave forth
with to give notice thereof TO the district
attorney Of the county IN which such per-
son resides.
SEC. b. Whenever tho writ Of habeas
corpus is granted IN vacation. as provided
IN this act, or as provided by existing laws,
II, upon. the hearing Of tho same before
any one Of the judges aforesaid, the per-
son imprisoned, arrested, or claimed as a
fugitive slave shall DO entitled to an APP
peal to the next stated term Of tho cir.
cult court in the county where such hear
Ing was had, on furnishing such bail, and
within such time as tho judge granting
the writ, ON hearing the case. shall adjuigc
to DO reasonable and proper.
SEC. @. The court to which such appeal
Is taken, aud any other court to which q
writ Of hebcas corpus IN behalf of any
such person claimed or arrested as fugi.
tive slave Is madc returnablc, may and
shall, on the application Of either party to
such proceedings, allow and direct trial
by jury on all questions Of fact in issue
between the parties in the matter aforesaid
and the taxable cost Of such trial shall BE-
chargeable to the state, whenever the same
would be otherwise chargcable to the per.
son arrested or claimed as fugitive slave
SIC Z. Every person who shall falsely
} and maliciously declare, represent, or pre-.
end that any free person within this state
is slave, or owes service or labor to any
person or persons with intent to procure
or to aid or assist in procuring the forcibls
removal Of such free persons from thi,
state as a slave, shall pay fine Of one
thousand dollars, and be imprisoned IN
state prison not moro than FIVE nor lesl
than one year: Provided. That nothing
in this act shall be construed as applying
to any claim OF service from an apprcn
tice for fixed time.
5 SEc. 8. No declaration, representation
or prctenso that any person being or hav
ing been in this state is or was slave
shall be deemed proved. except by tn.
testimonyof at least two credible witness
, es, testifying to facts directly tending e
: establish the truth OF such declaration
: representation, or pretense, or by legal ev
idencc equivalent thereto; aud any person
3 may, upon any trial arising under this ant
the foregoing section, shall falsely and will
fully represent or pretend with intent Il
aid any party accused under this net, tina
any person was or is slave, or owes o.
did owe service or labor to any person o.
. persons, shall pay fine Of one Thousand
dollars, and DO imprisoned in the STATE
h prison not less than one year.
SEC. 0. On the trial Of any prosecution
arising under this act, no deposition shall
> be received as evidence.
. SEC. 10. Every person shall obstruc
any officer in the service of any warran
issued In accordance with this act, or VIII,
: shall aid in the escape of any person nc
: cused under sections seven and eight o
this act, or who shall aid In the escape o
any person accused under said section
seven and eight while pursued by sucl
4 officer in his custody, shall be imprisoned
J, in the state prison not less thar one year.
SEC. IL. No judgement recovered agains
I any person or persons for any neglect o
refusal to obey, or any violation Of tn
I act Of Congress commonly termed the fu
|. gitivc slave act, approved September 18th
4 1850, or any Of the provisions thereof
; shall be alien on any real estate With
this state, nor any such judgement BIO en-
forcible by sale on execution of any rea
, estate or personal property within thi
state, but all such sales shall DO absolute