The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1860-12-14
STATE OF MAINE.
AN ACT further to protect Personal Liberty.


ep the following statute
STATE OF MAINE.
AN ACT further to protect Personal Liberty.
DE Il enacted by the senate and House OF Repre-
ID sentatiyes In Legislature assembled, rs follows
SECT. |. No judge Of any court in this state and
justice Of the peace shall hereafter take cogniz-
anee Of grant certificate In eases arising under
| the act Of Congress, passed September eighteen.
/ eighteen hundred and iifty or the act TO which
that was additional, entitled. An act respecting
iugitiyes IRON Justice ~ any person who claims
any other person us a fugitive slave, within the
jurisdiction OF this state.
sEcT. ? No sheriff, deputy sheriff, coroner, con.
stable hllor o. ether SLiSsT OF Ihs 81 @ y, &
in and abet any person olalnin. any other person
rs fugitive slave In the arrest and detention OF
such person so claimed as fugitive slave, shall
forfeit SUN not exceeding one thousand dollars
for every such offence, to the use Of the county
where said Ofense Is committed, or shall he sub
Jet to imprisonment not exceeding one year In
the county Jail.
sEcT. 1, NOikHgin tAis act shall be construed to
hiHdsi or Obstraet tAe mdrsAdloC the UHfsi States,
his deputy Or any officer Of the United states from
srseIiiHg or sorcing hs taTs Of the UHitsd States
referred 20 IN tAs GTst section oftAis act.
Improved March ~, 1851
During the same year (lS55) Messrs. Baker,
revise and consolidate the general laws of the
State, and in their revision, reported to the
Legislature Of 1886, they condensed the fore
going law into the following section:
mo sheriff, deputy sheriff, coroner, constable
ailor justice OF the peace or other officer VI this
state, shall arrest or detan, or aid Ia 50 doing In
any prison OF building belonging 10 this state. OF
/ to any county or town, any person, on account OF
a claim on him asa fugitive slave. Any OF said
OF aiding or abettingany person claiming. arrest
Ing; OF OBTAINING any person as fugitive slave,
shall forfeit a sum not exceeding one thousand
dollars for each offence. to the OF the county
where IL Is committed, or be imprisoned less than
one year In the county Jail"
The Legislature of 1856 (the year Of Gov.
Wells ADMINISTRATION did not adopt the re-
vision of Messrs Baker, Hill, and Bell, but
referred it by Resolve of April 1, to Ether
Shepley, with instructions among other things
Z" 10 consider and recommend such alterations
and amendments in the general ia,cs as Ia
may deem suitable and Rscsssary," and fur
Their " 10 consider and report rhsthsr am
chapters or general iaps Of this State hare De-
come obsolete or are moo unnecessary" The
Legislature Of So, be it remembered, was
strongly Democratic in both branches and un-
der the exclusive lead Of such men as A. b,
Thompson, Phinehas Barnes, II. ]. Swasey,
L. Wilder Farley, Edward O'Brian, Emery
U. Bean. Leonard Jones, Aaron Hayden,
Francis Gould Butler, John NJ. Goodwin,
O'Neil W. Robinson, IN the Senate, and ]. Sto-
yer Little, 5. X. Lyman, Samuel Andrews,
Calvin Record, u. A. q. Fuller, Atwood Leyen.
sal r, William A. Blake, Thomas Nj. Morrow
John &. Talbot, Jr., Mark bennett, in the
House. But though thus constituted, no prop.
Osition was preached in either branch Of I'll,
Legislature, for the repeal OF the Personal
Liberty Law, passed the year before. Tn,
wells-Straight-Whig Democratic Legislature
al. .. m. a 4.
insult the public sentiment Of Maine by ven.
turing to wipe this Personal Liberty Law frou
the Statute Book. They contented themselye,
with referring all the laws TO Judge Shepley
and clothing him with plenary power to Gu,
and carve them according to his own views.
The Report Of Judge Shepley was made 70
the next Legislature, (IS57,) and he recon.
mends, among other things that the Personal
Liberty Law be retained. lie reported it. in
fact. in the precise language TO which IL had
been reduced by Messrs. Baker, Hill. and Bell
and in the precise language which it now holds
in toe Statutes. Chap. SO, Sec. 80 OF th,
Revision, and Chap. - Sec. - Of Baker, Hill
and Bells Revision, are exactly the same. word
for word, and each constitutes what Is known
as the 80 Personal Liberty Law of Maine," q
law which 80 eminent jurist IS Judge Shepley
has formally pronounced constitutional,
suitable. and necessary" II will be observed
that Judge Shepley LEFT out the qualifying
words in his official capacity" rs they ap.
pear in the "a and Sd Se'tions Of the Act OF
ISIS, approved by Gov. Arson Z. Morrill,. and
left out also the concluding section Of the ac'
which entirely relieved the State from any in
tent to come into conflict with the Federal au-
thority. IL is quite probable that Judge Shep-
ley regarded these qualifications rs mere sur
plusagc and omitted them for the sake OF con-
DEMONSTRATING the plain intent and meaning
oi the law the same as when originally enacted.
ms view Is strengthened by the fact that Sen
ator Toombs In speech at the first session OF
congress in bringing railing accusations"
against the Northern States for passing Per-
sonal Liberty Laws" was compelled to acknowl-
edge that Names enactment was strictly with
In the Constitutional limits, as fixed by Judi
cial decision. Senator Fessenden called the
attention ct Toombs to the law OF Maine. and
the impetuous Georgian at once made the pro
per modification OF his charge.
With this statement Of facts, and We have
presented them fairly and fully. We AK who Is
in favor OF repeating the Personal Liberty Law
Of Maine And In what attitude would that
repeal, II effected, leave our Statef II st,nds
now 90 solemn and authentic expression OF
the popular Judgment Of the State against the
inhumsn provisions VI the Fugitive Slave Law