Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1860-12-07

establishing justice expressly guaranteed
among the fundamental principles of the con
stitution of the United States. Moreover, it
is to be noted that precisely the same provis-
ions are made by the slave states themselves
to secure the rights OF negroes who may be
seized or detained as slaves. Let us quote
from the revised code of Virginia the law OF
that state relating to the subject
CODE OF VIRGINIA.-Revision August ljl
1919, page AGA, chapter cvi. OF SUITS for Free
dOm.-S l. Any person concerning hnHSeJ I'M
lawfully detained as a slave may petition the
circuit court, or court of the county or corpor-
alton in which he may be detained, for leave
to sue for his freedom, or he may complain to
justice.
2. If the complaint be made to justice, he
shall by precept or writing, give the complain.
ant in charge to the sheriff or other officer, to
be produced before the circuit court, or court
of the county or corporation, as the complainant
may elect at the next term thereof and in the
meantime TO he safely kept at the expense of
the person claiming to be the owner, and shall
cause such person to be notified thereof
:. If the person claiming to be the owner,
or some one for him will enter into bond, APP
proved by the officer having the complainant
in charge, in a penalty equal to double the
value of the complainant, supposing him to be
slave conditional to have him forthcoming
before the said court at the next term thereof,
such officer shall deliver him to the complain
ant.
: 4. The court in which such petition may
be presented shall assign the petitioner counsel,
who, without reward, shall ali him in the
prosecution of his suit; and until the person
claiming to be the owner, or some one for him,
will enter into bond before the court or its
clerk in such penalty as the court shall direct,
pOOdifiD naI m huy tho fort
to abide the judgment of the court, and in the
meantime to allow him reasonable opportunity
to prepare for trial, shall deliver him in charge
to the proper officer for safe keeping at the
expense of the person so claiming to be the
owner: but the petitioner may in the mean.
time be hired out, if the court SO order, and
the hire shall be disposed of as the court shall
direct The petitioner shall have, free Of cost,
all needful process serving of officers, and
attendance of witnesses.
5. 1t shall be the duty of the counsel to
file with the clerk statement in writing of the
material facts of the case, with his opinion
thereon; and unless it appear manifest there.
from that the suit ought not TO be prosecuted,
the court shall.cause the person claiming to be
the owner to be summoned to answer The pc
titon.
6. The case may be tried, without regard
to place on the docket at the term of the court
to winch the summons shall be returned cX-
ecuted, and jury, free from exception, with.
out the tormality Of pleading, shall be empan.
elled to try whether the petitioner be free o.
not.
! 7. If the verdict be for the petitioner the
jury may find damages for his detention pend.
ing the suit; and the court shall adjudge the
petitioner to b0 free and award to him dam
ages and costs.
What is most remarkable here is, that while