The Cass County Republican. [volume] (Dowagiac, Mich.) 18??-1880, 1860-12-06
PersonaIL iberty Bills.

ISouthern politicians are making sc
much fuss about "personal liberty
bills" Il is well for the people to under
stand fully what they are, and to what
they owe their origin. 1t is for max
ing of laws for State, the Legislature
is amenable only to the Constitution o.
the State under which they act and
from which they derive all their powers
If there be anything wrong in the Con
stitution the members of the Legisla
ture are no more responsible than the
man in the moon, as the people re-
eeived the Constitution from the hands
of the Convention which formed it, and
by their votes to approve it, they have
laid an absolute duty upon the legisla-
lures which act under it, to fulfil its re.
quirements. In this State, the Consti.
tuition was framed by the Democratic
party-such men as Storey, McClel-
land, Goodwin, Butterfeld, and their
compeers having made it. If they put
into it anything violative of the Con
stitution of the United States, it was
perjury on their part, and the duty Of
the people to reject their work but
they having approved it, it became the
guide of those who are elected to fulfil
and act under its provisions and com
mands. ee5isasf 4.
Article 6, section 26 of the Consti-
tuition of this State provides, that "the
persons, house, papers and possessions
of every person shall be secure from
unreasonable searches and seizures"
The next section, 27, says "the right
of trial by jury shall remain" Section
80 provides that emo person shall be
deprived of life, Liberty or property
without due process of law" Article
Is, sec. IL, provides, that "neither
slavery or involuntary servitude, unless
for the punishment of crime, shall ecer
be tolerated in this State"
Now the question arises, do those
provisions conflict with the Constitu-
ton of the United States. Article l.,
sec. TX, subdivision 2, provides that
"the writ of Habeas Corpus shall not
be suspended except in case of rebel
lion or invasion, the public safety re-
quire it." Article vi. of Amendments
provides that the right of trial by jury
shall not be waived, and art. VIII, that
T" excessive bail shall not be required,
nor excessive fines imposed, nor cruel
and unusual punishment inflicted. Ar
ticle 6, provides that no person shall be
deprived Of life, liberty or property
without due process of law" Subdi-
vision 2, of art. VI. provides that the
Constitution and the laws made IN p,1r-
suancs thereof shall be the Supreme
law of the land, and that judges in
every State shall be bound thereby.
Now the question is simply is the
Fugitive Slave Law Constitutional. 1t
is not enough to say that it has never
been decided unconstitutional. 1t sus-
ponds the writ of Habeas Corpus; it
denies the right of trial by jury, and
allows the taking of personal liberty
without due process of law.
The personal liberty bill of this State
was not passed to prevent the rendition
of Fugitive Slaves, but it simply re-
stores the guarantees provided in the
Constitutions in both the State and the
United States, which were torn down
by the Fugitive Slave Law. We ap-
pend the following abstract of the law
of this State, and ask every reader to
compare it with the provisions above
cited. 1t will be found in the session
laws of 1855, p. Alb, and in the COM
piled laws Of 1857, title 81, chapter n.
Its title is can Act to protect the
rights and liberties of the people of this
State" and is as follows:
81, Requires States Attorneys to act
as counsel for fugitives.
81, and A, Grant habeus corpus,
provide for trial by jury.
SIS, Forbids use of jails, or other pris-
ons, to detain fugftives.
s 6, Provides punishment of not
less than three nor more than FIVE years,
for falsely declaring, representing, or
pretending, any person to be slave.
ST, Provides fine of not less than
$500 nor more than $1,000, and i'm
prisonment in State Prison for FIVE
years, for forcibly seizing or causing to
be seized, any free person, with intent
to have such person held in slavery.
So, Requires two witnesses to prove
any person to be slave.
This is correct abstract of the law,
and gives faithfully its whole spirit and
intent. And is there anything that a
free man of free State should CON-
plain of? Itsimply requires that before
person, claimed as a fugitive, be re-
manded to slavery, the claimant shall
prove before jury that he is a slave.