The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1860-12-19
QUALIFICATION.

The following Is copy OF the law of Massa-
chusetts on this subject, taken in full from the
statutes. In the face of this proof will they
siill persist in their falsehood.
REVISED CODE OF MASSACHUSETTS. CHAP
TER 144.
SEC. 81, The governor, by and with the
advice and consent of the council, shall ap-
point in every county one or more commission
ers, learned in the law, who shall, in their
speetive counties, when any person is arrested
or seized, fugitive from service or labor,
on being informed thereof, diligently and
faithfully use all lawful means to protect and
defend such alleged fugitive, and secure to
him fair and impartial trial by jury, and the
benefits Of the provisions of this chapter; and
any attorney whose services are desired by the
alleged fugitive may also act counsel. Act
1855, 489, sec. -
SEC: SO. The commissioners shall defray all
expenses of Witnesses clerks fees, and officers
fees, and other expenses which may be incur
red in the protection and defence of any per-
son SO seized or arrested; and the same, to-
gether with the reasonable charges of the COM
missioners for their servceis attorneys and
counsel, shall be Paid from the treasury of the
Commonwealth on warrant to be issued by
the governor (Acs of 1855, sec 18, p. 4S9.)
SEC SO. No person while holding any
office of honor, trust, or emolument, under the
laws of this State, shall in any capacity take
cognizancs of any case, issue any warrant or
other process, or grant any certificate, under
or by virtue of an act of Congress approved
twelfth day of February, in the year 1898,
entitled can act respecting fugitives from jus
tice and persons escaping from the service of
their masters" or under or by virtue of an act
of Congress approved the eighteenth day of
September, 1850, entitled can act to amend,
and supplementary to 'An act respecting fu-
gitives from justice and persons escaping from
the service Of their masters" or shall, in any
capacity, serve such warrant or other process
Any justice Of the peace aoho shall offend
against the propisions Of this section, Ly di-
rert!y or Indirectly acting in such case, shall
forfeit a sum not e.cceeding enc thousand dol
lars, be imprisoned IN jaH not erceeding
one year, .for each c6ence. Acts of lS43, p.
60, secs. l, 8, and 1885, p. 4S9, secs. l, 9.)
SEC. GO No Jail, prison, or other place of
confinement belonging to or used by the State,
any county therein, shall be used for the
detention or Imprisonment of any person accus-
ed or convicted of an offence created by either
of the ACTS of Congress mentioned in the pre-
cedng section, or accused or convicted of OBJ
structing or resisting any process, warrant, or
order issued under either of said acts or Of
roscuing, or attempting to rescue, any person
arrested or detained under any of the provis-
ions of either of said acts, nor for the impris-
onment of a person arrested on mense process
execution in suit for damages or penalties
aeeruing, claimed TO accrue, in consequence
of aid rer dered to any fugitive escaping from
service OF labor. tAets of 1913, p. 90, and
1855, p. 4S9, sec. 19)
SEC 81. Whoever shall remove from the
limits of this State, or assist ip removing there-
from, or come into the State with the intention
of removing Or assisting in the removing there
from, or procure or assist in procuring to be so
removed, any person being in the peace there
of who is not held to service or labor by the
s.party' making ''ciaIn," or who has not "es-
capped" from the party making "claim," or
whose service or labor is not educ" to the
"party'' making "claim" within the meaning
Of those words in the CONSTITUTION of the Uni
ted States, on the pretence that such person is
so held or has so escaped, or that his ''service
or labor" is SO ''duc," or with the intent to
subject him TO such ''service or labor" shall
he punished by fine not less hsan one thousand
nor than fue housdnd dollars and by
Imprisonment in the State prison not less than
one nor more than flee years. And any person
sustaining wrong or injury by any proceeding
punishable as aforesaid may also maintain an
action and recover damages therefor. (Act
1855, 4S9, sections Z, 81
Sec 81. Any sheriff, deputy sheriff, jailer.
coroner, constable, or other officer of this
State, or of tie police of any city or town, or
any district, county, city, or town officer, or
any officer or other member of the volunteer
militia of this State who shall hereafter arrest,
imprison, detan, or return, or aid in arresting,
i'm prisoning. detaining, or returning, any per-
son for the reason that he is claimed or ad-
| judged to be a fugitive from service or labor,
shall lie punished by fine not less than one thou
sand an ! not eacceding trco Mppsapd collars
and Jv imprisonment an the State prison for
| not less than one nor more than t,rO gears
(Acts 1913, 90, sec. %; 1855. 4S9, secs ], Is }
SEC. 63. The volunteer militia shall not act
in any manner in the seiz1re detention, or
rendition of person for the reason that he is
claimed Or adjndged to be fugitive from ser
vice or labor. Any Hember thereof who shall
offend against the provisions of this section
| shall be punished by fine not less than one
lars, and Iy imprisonment IN the State prison
for not less than one nor more than t,co years.
(Act of 1855, 4S9, sec. 16.)
Sec. "a. Fhe penalties prescribed by the
two preceding sections shall not apply to any
act of military obedience and subordination
performed by an officer or private of the mill
tia. (Act of 1883, l75, sec. 3 .-..
Sec. 65. Nothing in the eight preceding
sections, uor in sections nineteen, twenty, and
twenty one, Shall De construed 10 Apply 10 SO
much of the act of Congress of the twelfth of
justice. (Aet of 1855, 4s9, sec 21)
SEC &c. No person holding Judicial of
fee under the laws of the United States, or the
office of commissioner of the circuit court of
the Emitted States, shall hold any judicial office
under the constitution and laws of this State,
except that of justice of the peace. No JUS
tiee of the peace, while holding ths Office Of
commissioner of the United States circuit
court, shall have authority 10 grant any war
rant, or to issue any process, civil or criminal,
other than sqmmonses to witnesses, or hear
and try any cause, civil or criminal under the
laws of this State. (Act of 1858, 1T5, seq j.
CALIFORNIA FOR THE UNIoN.-It is said
that Senator Gwin and Latham eopcpr in the
opinion that California is for the Union, and
will not leave it under anv eircustanees that