The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1861-01-05


o. SIG, de-; IS 81, 65, So and 81, provides
for the issuing IF the Aabeas corpus in favor
of persons claimed As fugitive slaves.
IS SIS and IS. Direct how proceedings
shall be conducsed, and graz trial by ju-
~. Pc '-s
s 81, Provide penalty of $1,000, and
not more than five nor less
than one year, aQsinst any person who shall
falsely and maIieioslsly declare. represent.
or pretend, that any free person within the
State is a slave. OF owes service or labor,
with intent forcibly to remove such person
from the State.
s SO, Requires two witnesses to, prove
a person to be a Slave. 49,.
SO. Depositions. to be received in
evidence. - zasisr1 ai.sssg
z. s 81, JudgemeHts under Fugitive Slave
act not to be liens upon real estate. This,
however, can onls sppiy to decree of State
Courts
Il The Massachusetts law, too long for quo
tation here. is fuller and more stringent than
others, but substantially the same in pur-
port Similar laws exist in New Jersey and
in New York, which, however, were passed
before the fugitive Slave law, and cannot
be regarded as material TO the present ques-
ton .-....... ...,t .-.. -.......,
Now it will be seen that the burden of
these laws is to throw the whole duty of
catching and returning fugitive slaves upon
the officers of the Federal Government
They interpose no obstacles in the way of
those officers; on the contrary most OF them
provide against it; but they simply deny
the right of the federal power to cali upon
State officers to discharge function which
the Supreme Court has declared is exclu-
siVeiy in the control of the central govern
ment. This is the extent of their offending,
and nothing more. They define and pro-
tect the rights of the citizens of the State;
but they do not interfere with any of the
constitutional rights of citizens of other
States. ,..l. ..s...- ... -...r... .s.l.
lift be objected that some of these bills
grant the ha6eas corpus and trial by jury to
fugitives. the reply is that these are forms
of establishing justice expressly guaranteed
among the fundamental principles of the
Constitution of the United Staes. More
over, it is to be noted, that precisely the
same provisions are made by the slave States
themselves, to secure the right of negroes
who may be seized or detained as slaves
Let us quote from the revised code of Vir-
ginia the law of that State relating to the
subject: -..o1. -..,i.sr. ,@ ...,.f.a-.
CoDE OF Reconsideration August
Is, 1849, page 464, chapter cvi. of Suits for
Freedom. s i. Any person concetving him
self unlawfully detained as slave. may pc
tition the Circuit Court, or Court of the
county or corporation in which he may be
detained, for leave to sue for his freedom
or he may complain to a Justice.
2. If the complaint be made to JUS
tice, be shall, by precept or writing, give
the complainant in charge to the sheriff or
other officer. to be produced before the Cir
cult Court, or Court of the county or cor
poration, as the complainant may elect, at the
next term thereof; and in the meantime to
be safely Kept at the expense of the person
claiming to be the owner, and shall cause
uch person to, be notified thereof
8. If the person claiming to be the
owner, or some one for him, will enter into
bond, approved by the officer having the
complainant in charge, in penalty equal to
double the value of the complainant, sup
posing him to be slave, conditional TO have
him forthcoming before the said Court at
the next term thereof, such officer shall de-
liver him to the complainant.
"a. The court in which such petition
may be presented shall assign the petition
er counsel, who, without reward, shall aid
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 be-
fore the court or its clerk in such penalty
as the court shall direct, conditioned to have
the petitioner forthcoming TO abide the judo
ment 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 meantime be
hired out, if the court so order, and the hire
shall be disposed ofas the court shall direct.
The petitioner shall have, free Of cost, all
needful process, serving of officers and at
tendance of wi. nesses.
5. It shall be the duty of the counsel
TO Gle with the clerk statement in writing
of the material facts Of the case, with his
opinion thereon; and unless it appear mani
fest tberefrom 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 petition.
Sc. The ease may be tried, without re-
gard to place on the docket, at the term of
the court to which the summons shall be re-
turned, executed, and ;...:y, free from ex-
ception, without the formality of pleading.
shall be empanneled to try whether the pc
titioner be free or not.
1s s z. If the verdict be for the petitioner
the jury may find damages for his deten-
ton pending the suit; and the court shall
adiudge the petitioner to be free and award to
him damages and costs.
a What is most remarkable here is, that
While the freq yStalAa- have merely forbid.
den State officers to act in the case of me-
groes claimed as slaves, Virginia orders her
courts and attorneys to interpose actively
in their behalf The judges are to hear the
petition of the slave at once; without regard
10 other cases on the docket: the slave may
choose the court before which his case is to
be tried: he may have free counsel assigned
him; he is supported at public charge dur
ing his detention: the claimant must give
bonds to double the value of 1.-THE property"
lat present about 4.oOO) to abide the event
of the suit; and the trial must be by an I'M
exceptionable jury The securities which