Daily Nashville patriot. [volume] (Nashville, Tenn.) 1860-1862, 1860-12-17

From the National Intsliigsnesr. Dec H.
The "PersonaI LIbert5" Aer-.
We announced some time sge-s1at it was
our purpose at an early dsyto present to
our readers an authentic analysis Of all the
statutes passed by the Northern States and
represented to be more or less in conflict with
so much of the Constitution and laws of the
land as relates to the recovery and rendition
Of fugitive slaves.
We have delayed the fuIflmeut of this
design much longer than We lad anficioafsd
simply because of the many difficulties which.
on examination, We found in the way of pro-
curing Intelligence on the subject which
should be at once reliable and full. So shift
ing has been the legislation on this topic
that 1t WIS discovered to be no easy matter
to ascertain The number, nature, and animas
of the existing laws of the Northern States
which have legislated under this head, and
the many errors, inaccuracies, and omissions
which inyalidate all the compilations that
have met our eyes are sufficient indication
of the obscurity which rests over the subject
for the want OF access to all the sources ne
cessary to present this legislation in its pro-
per light. NJ 7srr--fr9 rrT1 FT=ssr
Among the latest of The publications which
we have seen on the subject is one published
by Taylor i Maury, in this city, entitled "a
Compilation of the Laws OF the United States
in relation to Fugitiyes from Labor, with the
clauses Of the Consultation of the United
States involved in the execution of the same,
by Jehiel Brooks" Nothing, we are sure,
bat the most conscientious integrity has pre-
sided over thescompilation of this volume.
and yet, for want of completeness and accu-
racy of information under certain heads, it
tails to present the subject in its proper as
poets and in all of its relations. We may
cite, for instance, the incomplete summary of
the laws of Vermont and the inaccurate state
ment of the laws of Massachusetts. If the
compiler could have had access TO the latest
edition of the laws of the former State he
would have found that the act of 1858 is
much more essential to full exhibition of
the facts in the case than those embodied in
the earlier legislation which he quotes. And
go. in like manner, the statutes of Massacbu-
sets, though reported with substantial al
cnracy, are not stated in the exact form
which they take under the latest legislation
of that State. We have not further examined
this pamphlet, but the cases we instance will
sufficiently show the difficulty which attends
this inquiry when pursued with the most
honest intentions. $50
We are not sure that in our researches we
have succeeded in ascertaiRing in all cases
the existing status of the Northern laws IN
der this head, but we have certainly spared
no pains in the effort to arrive at a correct,
and full apprehension of the topic as present
ed by the several States which have legisla-
ted in the premises. Desiring to review the
position and attitude of all the Northern
States on this subject, we commence in natu-
raj order with the State of -t-
@ MAINE.
The laws of this State provide that no
sheriff, deputy-sherif, coroner, constable,
jailer, justice of the peace. OF Other officer of
the State shall arrest or detain, or aid in so
doing, in any prison or building belonging
to this State, or to any county or town, any
person on account OF claim on him as
fugitive slave, under penalty not exceed
ing one thousond dollars, and make it the
duty of all county attorneys to repair to the
place where such person is held in custody,
and render him all necessary and legal as
sistance in making his defence against said
claim.
NEW HAMPSHIRE.
The law of the State declares that slaves,
coming or brought into the State. by or with
the consent of the master, shall be free; de-
clares the attempt to hold any person as
slave within the State q felony, with penal
ty of imprisonment not less than one nor
more than five years; provided. that the pro-
visions of this section shall not apply TO any |
act lawfully done by any officer of the |
United States, or other person, in the execu- |
ion of any legal process. - oIl5fz
VERMONT. 50 E ]
This State, by her several acts of 1S49, /
1850, and 1858, provides that no court, jus
ice of peace. or ma gistrate shall take cog |
lizance of any certificate, warrant, or pro-
less under the fugitive slave law; provides |
hat no officer, or citizen of The State, shall |
arrest, or aid, or assist in arresting, any per-
son for the reason that he is claimed as
fugitive slave; provides that no office or cit
zen shall aid or assist in the removal from
The State of any person claimed as fugi-
i've slave; provides penalty of 81 goo; or /
Imprisonment five years in State prison, for
this act. This act, however, shall
not be construed to extend to any citizen of I
The State acting as Judge eff the Circuit or
District Court of the United States or as
Marshal or Deputy Marshal of the District of
Vermont, or to any person acting under the
or authority OF said Courts or
Marshal. Requires the States attorneys to
,ct as counsel for alleged fugitives; provides
or issuing habeas corpus, and the trial by
ury of all questions of fact in issue between |
he parties, and ordains that every person
Who may have been held as slave, who
hall come, OF be brought, or be in this
State, with or without the consent of his orr
Ter master OF mistress, or vino shall come, or
De brought, or be involuntariiy, or in any
way, in this State, shall be free. 1t is also
provided that every person who shall hold, or
Ittempt to hold, in this State, in slavery, or
Is a slave, any person mentioned as slave
n the section of this act, relating 10 fugi-
II. Erna l
IT for any time, however short, under the
,retence that such person is or has been
lave, shall, on conviction thereof, be Impris-
med in the State prison for term not less
han one year nor more than fifteen years,
md be fined not exceeding two thousand dol
airs. pa
MASSACHUSETTS,. 80
The first of the laws known as personal
liberty actsn in Massachusetts was passed In
S43, no less than seventeen years ago. 1t
vas based upon the famous decision of the
Supreme Court of the United States in the
ase of Prigg rersus the Commonwealth of
pronounced in 1912 by Judge
story. By this decision it was declared that
he rendition of fugitives falls exclusively
within the functions of the Federal Govern
nent, and that no State law can interfere
Nth or prohibit the execution of the Federal
aw for The purpose. Statutes in conformity
Nth this ruling were passed by the Legisla-
ure of Massachusetts, in 1843. In the year
1855 the provisions of this earlier legisla-
ion were applied to the United States fugi-
i've slave law of 1850;ythe writ, of habeas
corpus was extended 70 the ceases of persons
detained asfugidFe slaves trial by jury was I
placed at their cpmmand; the on,s probapdi is
aid ON the claimant, who must bring two
redible witnesses 10 substantiate his claim;
PERSONS holding sny place of honor or emo
ument under the Commonwealth are forbid
en to issue any warrant OF other process
Bder the United States fugitive slave act:
ais of The, State not to be used for the de-
ention of fugitive slaves; Commissioners to
e appointed in every county to defend the