Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1861-01-17

20. Provides penalty of $500, or impris- |
onment not exceeding six months, for violating |
the act.
MIcBIGAN.-Tile3 81, /, requires the states
Attorney to act as counsel for fugitivcs.
IS ., B. and 4, grant haJeas corpus, and pro-
vide for trial 10y Jury
D. Forbds use of jails, or other prisons,
70 detain iugitives.
So Provides punishment of not less than |
three nor more than five years, for falsely de- |
claring, representing, or pretending any person
TO be slave
81. Provides fine of not less than $500 or
more than $1,000, and imprisonment in state
prison for FIVE years, for forcibly seizing, or
causing to be seized any free person, with in |
tent to have such person held in slavery
IS. Requires two witnesses to prove any
person TO be slave.
WIscoNsIN.-R S., chap. 15S, sec. 81, &c.,
p. 3l2, &c. SIS 81, -, 80, and 81. Provide
for the issuing of the bobcas cipus in favor of
persons claimed as fugitive slaves.
S. 30 and sc. Direct how proceedings shall
be conducted, and grant trial by jury.
81. Provides a penalty of $1,000, and i'm
prisonment not more than five nor less than one
year. against any person who shall falsely and
maitiously declare represent, or pretend that
any free person within the state is slave or
remove such person from the state.
5 IS. Requires two witnesses TO prove a per-
son to he slave.
s 80. Dispositions not to be received in e,i.
dence.
SCI. Judgment under fugitive slave act not
TO be liens upon real estate. This, however,
can only apply TO decree of state courts.
The Massachusetts law, too long for quota
ton here is fuller than others, but substantially
the same in purport Similar laws exist in
New Jersey and New York, which, however,
were passed before the fugitive slave law, and
cannot be regarded as material TO the present
question.
! Now it will be seen that the burden of these
! laws is to throw the whole duty of catching
and returning fugitive's slaves upon the officers
of the federal government. They inerpose
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 call upon state officers 10 discharge a
function which the supreme court has declared
is exclusively in the control of the central gov
ernment. This is the extent of their offending,
and nothing more. They define and protect the
rights of the citizens of the state; but they do
not interfere with any of the constitutional
rights of citizens of other states.
If it be objected that some of these bills
grant the hoJeds corpus and trial by jury to fu-
gitives the reply is that these are forms of es-
tablishing justice expressly guaranteed among
the fundamental principles of the constitution
OF the United States. Moreover, it is to be
noted that precisely the same provisions are
made by the slave states themselves to secure
the rights of negroes who may be seized or de
tanned as slaves Let us quote from the revised
code of Virginia the law of that state relating
TO the subject
CODE OF NIRGINIA.-Revision August 10,
1919, page AGA, chapter cyi. of Suits for Free
dom.-S |. Any person c0nceiring himSeJ un-
lawfully detained as a slave may petition the
circuit court. or court of the county or corpor-
alton in which he may be detained for leave to
sue for his freedom, or he may complain 10 a
justice.
50. If the complaint be made to a JUS
tice he shall, by precept or writing, give the
complainant in charge to the sheriff or Other
= officer 10 be produced before the circuit court
or court OF the county or corporation, as ht
coa,piaiaani man eieci, at the next term thereof
: and in the meantime to be safely kept at the ex
pcnSc of the person claiming to be the owner
and shall cause such person to be notified there
OF.
{ B. If the person claiming 20 be the owner
> or some one for him, will enter into bond, ap
u proved by the officer having the complainant il
= charge, in q penalty equal to double the valu'
of the complainant, supposing him to be slave
conditional to have him forthcoming before th'
: said court at the next term thereof, such office
shall deliver him to the complainant.
! 4. The court in which such petition may b
!, presented shall assign the petitioner counsel
y who, without reward. shall aid him in the pros
!, ecution of his suit; and until the person claim
- ing TO be the owner, or some one for him, VII
u enter into bond before the court or its clerk i
= such penalty as the court shall direct, condl
" toned to have the petitioner forthcoming t
! abide the judgment of the court, and in tn
y meantime to allow him reasonable opportunit
- to prepare for trial, shall deliver him in charg
IL to the proper officer for safe keeping, at tn
EXPENSE of the person so claiming to be III
=, owner: but the petitioner may in the meantin'
u be hired out il the court so order, and the biz
'' shall be disposed of as the court shall direc
The petitioner shall have. free of cost, all neet
= ful process, serving Of officers, and attendant
-, of Witnesses
~ Sj. 1t shall be the duty of the counsel I
p file with the clerk statement in writing OF IN
- material facts of the case with his oplnio
~ thereon; and unless it appear manifest there
u from that the suit ought not to be prosecuted
-, the court shall cause the person claiming to L
m m the owner to be summoned TO answer the p'
~ lition
VI VI s 6. TIE case may be tried, without regar
III to place on the docket at the term of the cou
to which the summons shall be returned, e.
~ ecuted, and jury, free from exception, witho'
n the formality Of pleading, shall be empanell'
ha to try whether the petitioner be free or not
~ ~ 81. If the verdict be for the petitioner Il
"r ,r jury may find damages for his detention pen
~ =, ing the suit and the court shall adjudge Il
~ petitioner to be free and award to him damag
-, and costs.
~ What is most remarkable here is, that whi
,L the free states have merely forbidden state OF
", VI GERS to act in the case of negroes claimed
y! slaves, Virginia orders her Courts and Alto
w ue neys to nterpose actively in their behalf, II
;r' Judges are to hear the petition of the slave
III ~ once without regard to other cases on I
lS1 docket; the slave may choose the court beto
eu which his case is to be tried he may have tr
counsel assigned him he is supported at pu
lie charge during his detention; the claima
IL must give bonds to double the value of ST
ny property" tat present about four thousand de-
or iars) to abide the event of the suit the tt
MS, must be by an unexceptionable jury! The S
fo- curities which Massachusetts throws arounC
on fugitive in a distant land, where he is MI
OF likely to be wrongfully seized, are absolute
IN less complete and liberal than those which V
ginia throws around the slave near his hon
ny where he is likely to be well known; yet
provisions of the Massachusetts law are
La,