Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1857-03-07
PERSONAL LIBERTY BILL.

based upon the principle announced by the SUI.
preme Court Of the State, that the Fugitive Slave
Act is unconstitutional and void. The bill Sc.
cures for all persons claimed as fugitive slaves
trial By jury, the benefit of the writ of habeas cor
pus, and proof of the fact Of slavery by Mt least
two credible witnesses. Severe penalties are i'm
posed for falsely representing q free person to be a
slave.
The following is a summary Of the provisions
Of the bill. Nothing so defiant of kidnapping
usurpation has before been adopted by any State
legislature. Wisconsin takes the lead in her per-
sonsl liberty law, as well as in her judicial pro-
~ceedings. Ohio with her Republican Government
does not take q step towards the semblance of such
a law She is a disgraced and conquered province
of Kentucky and surrenders without controversy,
mothers and babes to the lust of Southern kidnap-
pors. The: bravery of Wisconsin shows the era
ven conduct of Ohio in a clear, but no enviablc
light.
But Nold.-Since writing the above a second
reading Of the bill shows us we are a little too fast
and too strong in our concentrations. The law
is indeed ahead Of any previous one of the same
sort. It is far In advance Of anything which Ohio
Republication has dared to attempt. 1t defes
the feueral government, setS aSlue the fugitive
slave law, and cuts short the work of the fugitive
slave Commissioner under the law. But after all
proposes that its own State judges, and q Wiscon-
Elm jury shall do the Commissioners work and
surrender the trembling victim to slavery, pro.
vided two competent witnesses shall swear he is
an escaped slave. Thus Wisconsin strains at the
gnat and swallows the camel. 1t defes the Union
in regard to the constitutionality of forms, but
seads back the fugitive slave by her own laws and
State officers. And this is the practical extent of
Republican opposition to slave rendition. They
have made it more difficult to kidnap free citizens,
and more expensive to recapture slaves, but still
are careful to provide a way by which the yilliany
may be perpetrated, viz, by a State court and a
Wisconsin jury. They save the Federal Govern
ment from the infamy by meriting it them
selves. But this is as well as can be under a pro-
fessedly pro-slavory constitution Wisconsin has
gone to the verge of her constitutional power
She heroically defes congressional usurpation.-
Her next step if she advances must be q treasoua.
bic ovorstepping of the Constitution itself, which
requires the fugitive to be given up. May she
speedily frd her courage equal to SO righteous an
enterprise.
The Wisconsin bill provides =
Sec. l.. The same power is hereby given to, and
the same duties imposed upon the Judges of the
County Courts of the several counties in this State,
which IRE given to and imposed upon the Judges
of the Circuit and Supreme Courts by the Consti-
tuition and laws of this State, for the purposes here
matter provided.
SEQ. 2. provides that District Attorneys, within
their Districts shall. on being Informed that an in
habitant of the State is arrested and claimed as q
fugitive slave, use oil lawful means to protect, de-
TEND and procure his discharge.
Sec. 3 provides that the official application of
any District Attorney TO any Judge of the Supreme
or County or Circuit Courts, stating the fact and
name of persons claimed and claiming, shall be
sufficient authority to authorize tue issuing of the
writ Of Eabeas corpus as provided in Revised
Statutes. Said writ may be signed by any one of
said judges or the clerks and made returnable be.
fpre either the Circuit or County Court in session
sor in vacation before either of the judges forth,
with.
Sec. 4 makes it the duty of all Judicial and
Executive officers to give notice to the District At
torney, Of any slave case that may come to their
knowledge.
Sec. S. If upon the hearing upon the writ, as
aforesaid, the persons claimed shall not be dis
charged, such persons may appeal to the next term
of she Circuit Conrt in the county, giving such
bail as the Judge may think reasonable.
Sec. 6. The Court to which the appeal is taken.
or any Court before which the writ is returnable,
shall, on application of either party, allow n trial
by Jury of all questions of fact in issue. the cost
TO be paid by the State, whenever 1t would other
wise fall upon the party claimed as a slave.
Sec. I. Imposes a fine OF $1,000 and i~mprison-
.mentn not more than five nor less than one year,
upon any person who shall falsely pretend that
any free person is a slave. with intent to remove
such person from the State as a slave. This pen
atty not to apply to any claim to the service of an
apprentice.
Sec. 8 requires the testimony of at least two
credible witnesses t~estifying to facts directly tend
ing to establish the truth of the alleged fact of
slavery, or legal evidence equivalent thereto, and
providesa fine of 1000 and Imprisonment not
less than one year, for false representation with
intent to aid any party accused under this or the
previous section.
Sec. 0. In trials under this Act, no dispositions
shall be received as evidence.
Sec. 10 provides an Imprisonment for one year
for any person who shall obstruct processes under
this Act, or aid the escape of persons accused un-
der sections seven and eight.
Sec. H.. No Judgment recovered against any
person or persons for any neglect or refusal to
obey, or any violations q the Act of Congress
commonly termed the Fugitive Slave Act, APPROX
ed September Is, 1850, or any of the provisions
thereof, shall be q lien on any real estate in this
State, nor shall any such judgment be enforceable
by sale on execution of any real estate or personal
property within this State, but all such sales shall
be absolutely void; and in case of seizure or sale
of any personal property by virtue of any execu'
ton issned on such judgment, the defendant in
said execution may maintain an action of replevin.
or other action to recover possession thereof in the
manner prescribed by law for such actions. on Aft
davit filed as required by law, and Il further state
ment therein that said execution issued on a judg
ment rendered under the provisions of the Act of
Congress aforesaid; and the provisions of this Sec
tion, shall also apply to judgments heretofore rem
dered.
Sec. 10. This Act shall be considered a public
Act, and shall be construed fayorably by all courts
and in all places, and shall be in force and take
effect from and after its passage.
Approved, February 10, 1857.