Daily national Democrat., 1861-02-07

The National Intelligencer publishes the
following abstracts of the Personal Liberty
Acts of the Northern States.
MAINE.
Ihe law OF this State provide that no sher-
ILL., deputy sheriff, coroner, constable. tailor
justice OF the peace or other officer of the
state shall arrest or detain, or aid in so doino
III any prison or building belonging TO the
State, or TO county or town. any person on
account ola claim on him as a fugitive slave
under penalty not exceeding one Thousand
dollars, and makes it the duty of all county
attorneys to repair to the place where sucI
person Is held in custody, and render him all
necessary and legal assistance 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-
ciares the attempt to hold any person as a
save within the State felony, with penal
" OF Imprisonment not less than one nor
more than h.e years; provided, that the
provisions OF this section shall not aDnIv TO
any act lawfully done by any officer Of the
United States, or other person, in the exeeu
tion of any legal process
VERMONT.
This State, by her several acts of 1s43.
1850, and 1858, provides that no court. ius-
tice of peace, Or magistrate shall take cogni-
zance of any certificate, warrants, or process
under the fugitive slave law provides that
no officer, or citizen of the State, shall ar
rest, or aid, or assist in arresing any person
Tor the reason that he is claimed as a fugitive
slave; provides that no officer or citizen
shall aid or assist in the removal from the
State OF any person claimed as a fugitive
slave; provides penalty of 81 900. or i'm
prlsonment five years in the State prison, for
violating this act. This act, however. shall
not be construed to extend to anv citizen of
the State acting as Judge of the Circuit or
District Court of the United States. or rs
Marshal or Deputy Marshal of the District
OF Vermont, or to any personating under the
command or authority of said Courts or Mar.
shas. Requires the States attorney to act as
counsel for the alleged fugitive; provides for
issuing habeas corpus, and the trial by Jury
OF all questions of fact in issue between the
parties, and ordains that every person who
may have been held as slave, who shall
come, or be brought, or be in this State, with
or without the consent of his or her master
or mistress, or who shall come, or be brought.
or be involuntarily, or in any way, in this
State shall be free. 1t is also provided that
every person who shall hold, or attempt to
hold, in this State, in slavery, or as a Slave.
any person mentioned as slave in the Sec
tOn OF this act relating to fugitive slaves. or
any free person, in any form, or for any time,
however short, under the pretence that such
person Is or has been slave, shall, on con-
Vlctlon thereof, be imprisoned in the State
prison for term not less than one year nor
more than fifteen years. and be fined not cx.
ceeding two thousand dollars.
MASSACHUSETTS,
The first of the laws known as "personal
liberty acts" in Massachusetts vas passed in
lS43, no less than seventeen years ago. 1t is
based upon the famous decision of the Su-
preme Court Of the United States in the case
OF Prigg es the Commonwealth of Pennsyl-
vanta, pronounced in 1912 by Judge Story.
By this decision it was declared that the rem
dltlon OF fugitives falls exclusively within
the functions of the Federal Government.
and that nc State law can interfere with or
prohibit the execution of the Federal law for
the purpose. Statutes in conformity with
this ruling were passed by the Legislature of
Massachusetts in lS43 In the year 1855 the
provisions of the earlier legislation were an
piled to the United States fugitive slave law
OF 1850; the writ of habeas corpus was ex-
tended to the cases of persons detained as
fugitive slaves; a trial by jury was placed at
their command the 0naS probGRdj is laid on
the claimant, who must bring two credible
witnesses TO substaptiate his claim; persons
holding any place of honor or emolument
under the Commonwealth are forbidden to
issue any warrant or other process under the
United States fugitive slave act iails of the
State uof ia ln uenj e
gitives slaves; commissioners to be appointed
in every county to defend the cause of al
legged fugitive slave, DC In the year 1858
Judges of the State were forbidden to issue
any writ under the United States fugitive
slave law of 1850.
The Boston Daily Advertiser Of the 7th
inst, remarks as follows On the subsequent
disposition that was made of these several
acts:
FINALLY, in 1859, when the whole body of
nur statutes was revised and codiied all
three of these acts, those of 1913, 1885, and
1858, cere expressly repealed, their substance
being incorporated in the aew test The duty
of making this codiication was entrusted in
the first place to Commissioners appointed by
GUv, Gardner, (the same who vetoed the
personally liberty act of 1867 and their
work was afterwards examined by a large
joint committee, composed of leading mem
bers of both Houses of the Legislature 1t
happened somewhat singularly that, although
the Republicans were the dominant party,
politically, in both Houses, by far the ablest
lawyers in each House were Democrats of
the straitest sect, to-wit Hon. Caleb Cush-
ing in the House of Representatives, and Hon
Benjamin F. Butler, (late Breekinridge can
didate for Governor in the Senate Both of
these gentlemen were members of the com.
mttee to which we have alluded +; but neither
in committee, nor afterwards in the Senate
or House, did either of them, or any other
member, propose to emit from that revision
any portion of the personal liberty acts, or
suggest that they were unconstitutional
They remain, therefore, substantially as be-
fore, now comprised in chapter l44 of the
General Statutes. Any Southern Governor
who does not wish to copy the mistaken
references of the late Executive message of
Georgia will find the new volume of "Gen
eral Statutes Massachusetts, 1860, in the Ii
brary of his State and any one else who
desires to make an exact reference may pur-
chase copy of the volume, for no hi-her
price than Il dollar and forty cents, of Messrs.
Wright d Potter, State Printers, corner of
Spring lane and Devonshire street, Boston"
CONNECTICUT.
The State of Connecticut provides that
every person who shall falsely and malicious
iy declare, represent of pretend that any free
person entitled to freedom, is a slave, or owes
service or labor to any person or persons,
with intent to procure or aid or assist in pro-
curing the forcible removal of such free per-
son from this State as a slave, shall be fined