The Cass County Republican. [volume] (Dowagiac, Mich.) 18??-1880, 1861-02-21


The Personal Liberty Laws.
Majority Report of the House Judi
ciary Committee:
In the House of Representative of
this State, on Friday last, Mr.. Pringle,
from the majority of the committee on
the Judiciary, reported adversely on
the bill to repeal certain sections of the
act to protect the rights and liberties of
the inhabitants of Michigan. The fol-
lowing is the report =
The majority of the Committee on
Judiciary, to whom was referred bill
to repeal sections two, three, and four,
of an act entitled An act to protect
the rights and liberties of the inhabit-
ants of this State" approved February
13, 1855, have had the same under con-
sideration, and have endeavored care
fully to consider all the reasons which
may be offered for and against the bill.
In view of the importance which this
subject has assumed in the public mind,
and the fact that those who have
thought it worth their while to argue
the legal questions involved have, for
the most part, seemed to lose sight of
certain considerations and legal rules
which are believed to fully sustain the
law as a constitutional enactment, it
has been deemed proper to set forth
somewhat at length, the reasons which
have Influenced majority of the com-
mittee.
The sections which it is proposed to
repeal contain the following provisions :
lst. That all inhabitants of this State,
arrested and claimed as fugitive slaves,
shall be entitled to all the benefits OF
the writ of habeas corpus and of the
trial by jury.
I'd. That if the writ be sued out in
vacation and the alleged fugitive be
not discharged, he shall be entitled to
an appeal to the Circuit Court for the
county, on furnishing reasonable bail.
Sd. That, on the trial of the issue be-
fore the officer or the court, either party
may demand and have a trial by jury
of the questions of fact.
4th. That, in case of costs being
charged against the alleged fugitive.
the State shall pay them.
The latter provision is one to which
the claimants of fugitive slaves are no,
likely to object, it being to their benefit
1t is, perhaps, more liberal than the cir
eumstances of the case demand, OIL
than is required for a faithful compli-
ance with the clause of the constitution
relating to the rendition of persons es-
Gaping from service or labor, but it is
believed to be better to retain it, al
least for the present, than to render the
State liable, by its repeal, to the charge
however unjust, of unfriendly legis
lation."
The important inquiry, as to the OBJ
ject and purpose of the law of 1855
(including the sections proposed to be
repealed), must be answered by con
sideration of the statute itself, of other
enactments and judicial decisions, and
also of certain rights guaranteed by
the Federal constitution. 1t must be
construed for the purpose intended in
accordance with such rules of construc
ton as are adopted in the courts Of
law, and by such rules the question o.
its validity must be determined.
The title of the act indicates in SC
many words a purpose "to protect the
rights and liberties of the inhabitant.
of this State;" and the title of an act
as well as its preamble, may be used t.
explain its meaning or object, whenevel
necessary. The constitution of Michi
gan (sec. 90, art. a provides that" NJ
law shall embrace more than one Oh
ject, which shall be expressed in it
title" This clause, it is submitted
renders imperative upon courts the rul'
to construe the act first and only fo
the purpose indicated in its title. Thi
act, therefore, only relates to the pro
lection of those dwelling permanent.
! in this State, for such is the meaning o
the word inhabitants" used both il
the title and act itself. 1t must ais
5 have a construction limited to the pro
lection of the legal rights and libertie
of the class of persons mentioned
Sections and Z of the act prescribin,
penalties for violation of the rights q
free men afford also strong implies
tion as to the general object of the law
While the fact undoubtedly is that th
e law was enacted principally on accoun
: of the obligation of the State to Pre-
tect free blacks and persons of color re
, siding in it from being carried int
slavery by any summary process,
may also be said to be strictly With
the rule indicated by Justice Wayn
in the case of Prigg vs Pennsylvania
l6 Peters, Reports, $50, "That legisls
tion may be confined to that end an
made efectual without making such
J remedy applicable [ for the rendition of