Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1860-12-03
PERSONAL LIBERTY IN THE STATES,

PERSONAL LIBERTY IN THE STATES
The first attempt to influence the legislation
of the free states, since the secession move
ment was initiated, was made in Vermont, OH
the eve of the adjournment of her legislature.
A bill had been introduced TO repeal an act,
passed in 1858, to secure freedom to all per
sons within that state, usually known as the
personal liberty law, and had been referred to
a committee of the house. On the 23d ult.
majority of the committee reported that the
bill ought to pass, on the ground that the act
of 1858 was unconstitutional The report was
the topic OF very able discussion, but the bill
was finally rejected by vote of more than
two to one. The personal liberty bill OF YER
mont, therefore, remains untouched 1t Is
impossible to say how far this result is sl9hlh
cant of the fate which will attend similar
movements in other states. Undoubtedly they
will be made il every state which has
legislaed on the question of the per
sonal liberty of lis citizens and will
be pressed with peculiar force in those
states which have been most exposed TO the
oppressive operations Of the fugitive slave
law In most, ii not all of the states, which
have passed so called personal liberty laws,
the aim has been to prevent kidnapping by Sc
curing to every person accused of being
slave the means by fair trial, OF establishing
his right TO freedom which by presumption be
longs to him.
Whether it consists with proper seltrespect,
1, e
stitutional obligation requires that such stat
utes should be annulled, are questions which
will be best met when the eXigencies arise.
In the meantime it may be well to suggest TO
those who have been in SO great haste to rec
ommend this fruitless abasement of the
free states, whether anything would be
practically gained by sweeping all such
laws out of existence while the fugi-
tive slave bill presents It's present most vim
dictve character, and while public opinion
and public sympathy are SO sure to be on the
side Of the person whose liberty may be put
in question. 1t is the duty Of each state to
protect personal liberty within its borders;
and according to the constitution and such
expounlers of the constitution as Daniel
Webster and Alexander II. Stephens, it is the
duty OF each state to deliver up "fugitives
from service" The states should have laws
to regulate the discharge of both these duties
and it would be most happy thing for the
country if anything that may have been done
by congress or the courts to interfere with the
duty and prerogativc Of the states in regard
to "fugitives from service" should be reversed.
As to the other matter, the right and duty
of each state to protect personal liberty within
its borders has never been assailed by the
federal courts, and it should be maintained
sat all hazards and to the last extremity" as
they say in Virginia.
And no state can be absolved from its duty
in regard to questions of personal liberty
when they are raised by the fugitive slave act
State action seems then more necessary than
IN most other cases, Tor, II 1t be suspended, IT.
responsible and riotous agencies may take its
place Under the influences of free institu
tons, every interference with personal free
dom is sharply scrutinized, and there will be
involuntary admiration for the slave who hunts
eagerly for his freedom. No power in the
herent, irrepeaabe law of human ma
ture, that operates in such cases and
the same public sentiment which will not al
low slave to be held within the circle of its
power, will also resist the assumption that
man is a slave till his title to liberty has been
pronounced invalid by the authorities of the
state within whose jurisdiction he is found ana
claimed. What methods would be devised
when it should become certain that a class of
citizens had no pledge or security of their lib
erty but in the ingenuity or the secret char.
ties of individual effort, cannot of coarse be
told. But he does not reason according to
knowledge who argues that anything would
be gained by the abrogation of laws which the
exigencies Of the hour, ard the ripeness of
popular convictions demand.