The national Republican., 1860-12-24
NATIONAL REPUBLICAN.
PERSONAL LIBERTY LAWS.

to distinguished citizen of Maine
WASHINGTON, Dec. 20, 1860.
Rufus Dwinel, Esq, Bangor, Maine:
DEAR SlR: Your favor of the 9th instant
Of which | have already hurriedly acknowl
edged the receipt, deserves the more extended
reply which now propose to give TO it, and
which has only been delayed so long by the
great pressure upon my time.
am exceedingly gratifed to find that the
"personal liberty" laws of Maine are not
fairly open to some Of the objections popular.
ly urged against them that they neither nul.
lily, or propose to nullfy, any act of Con.
gress; that they do not conflict with the pro.
visions of the Federal Constitution, as cx.
pounded by the Supreme Federal Judiciary |;
aud that, although it is not probable that
any practical good is accomplished by them,
neither do they involve any practical mis-.
chief which would be likely to raise the ques.
ton of revising them, except in critical
condition of affairs and IA feverish state of the
public mind, which make it the dictate Of pru.
dence to correct, so far as consistent with the
maintenance OF essential principles, anything
which is liable to misconstructons which may
be hurttul, and even dangerous.
OF the Revised Statutes of 1857, chapter 80,
section 81, is in the following words:
NO sheriff, deputy sheriff, coroner, con.
stable, aer, justice of the peace, or other off.
Ger OF this State, shall arrest or detain, or aid
in so doing, in any prison or building belong
ing to this State, or to any county or town, any
person, on account of claim on him as a fugi.
tive slRe. Any of the said officers violating
any of the aforesaid provisions, or aiding or
abetting any person claiming, arresting, or de.
tanning, any person as a fugitive slave, shall
forfeit sum not exceeding one thousand dol.
lars for each offence, to the use Of the county
where it is committed, or be imprisoned less
than one year in the county jail"
The marginal reference is to the act of March
II, 1880, which consists of four sections, and
which here copy entire:
"SEC |. No Judge of any court in this
State, and no justice of the peace, shall here
after take cognizance of or grant a certificate
in cases arising under the act of Congress
passed September ls, 1850, or the act to which
that was additional entitled an act respecting
tugitivcs from justice, to any person who claims
any other person as a fugitive slave within the
jurisdiction Of this State.
SEC. ,. No sheriff, deputy sheriff. coroner,
constable, iailer, or other officer Of this State
III his official capacity, shall hereafter arrest OF
detain, or aid in arresting or detaining, in any
prison or building belonging to this State, or
by reason Of his being claimed as fugitive
slave.
SEC. 3. Amy Justice Of the peace, sheriff
deputy sheriff, coroner, constable, or jailer
who shall in his official capacity directly or in
directly offend against the provisions Of this
act, or aid and abet any person claiming any
other person as fugitive slave, in the arrest
and detention Of such person so claimed as a
fugitive, shall forfeit sum not exceeding one
thousand dollars for every such offence, to the
use of the county where said offence is com.
mitted or shall be subject to Imprisonment not
exceeding one year in the county Jail.
SEC. 4. Nothing in this act shall be con
strued to hinder or obstruct the marshal of the
United States, his deputy, or any officer of the
United States, from executing or enforcing the
laws of the United States referred to in the frs
section Of this act"
The revision of our statutes in 1857 was
revision merely, as distinguished from codifca
tlon; that Is to say it condensed and simpli
fled existing legislation, without going into new
legislation.
In the matter in hand, chapter 80, section SO
of the revision, is maniiesty intended to con
dense, without changing, the act of March II
l813. In truth, it does nothing more than that
and yet it has SO happened, that the omission
OF the fourth section, and of a phrase in th'
other sections, both really nothing more thar
surplusage, has led to important misapprehen
sions.
The fourth section was only added to the
act OF 1855, by way of superabundant caution
and to negative the erroneous inference which
might be careessly drawn, that the first three
sections intended any contravention of the act:
of Congress in respect to fugitive slaves. As
the provisions in those first three sections art
entirely consistent with the national Legislation
on the same subject, the cdUedt in the fourth
section is, in strictness, unnecessary, and i
was naturally dropped in a revision, of which
leading object was condensation by the lop
ping OFF of all superhuous matter.
The phrase of the act Of 1855, ain his off
cidt tapacity, applied to the prohibited act.
ot justices OF the peace &c., is omitted in the
revision, aud for the same reason which in
duced the dropping of the fourth section The
phrase is the merest surplusage, as no lawyer
would hesitate to construe chapter 80, section
53, just as If the omitted phrase had been re
tanned. When justice OF the peace is com
mandcd not to issue II warrant, when q sherif
Is commanded not to arrest, and when a jaile
is commanded not to hold in prison, the pro
hibition is necessarily to each ain his Obicia
cdpacity,' rs it is only in that capacity" tha
the prohibited things are possible to be done.
happen to know, however, that the omis
sion OF this most unnecessary phrase, IN hi!
CGici" capaciy' has led to an impression
more or less general, that the numerous citi
ZcEs holding commissions rs justices, sheriiis
and constabIrs, are prohibited, as individuals
from dong anything in execution Of the act o
Congress Of September ~, 1880. and especially
from d'lg duy as part Of the posse comi
f1t"Y, alrhpr2rd to be summoned by United
States marShals in certain cases under tha,
act. Mauiicsrly, this is mistake. The Leg
isIature OF Maine have not undertaken to pro
hIbt any citizen from discharging, as a citizen
any duties required by Congress. They have
only undertaken to prohibit certain officers
from doing certain things as officers.
This lauislation oC SEE -Il., 4,