The Cass County Republican. [volume] (Dowagiac, Mich.) 18??-1880, 1861-02-28
The Personal Liberty Laws.
The Minority Report Of the House
.Tu7ici07u Committee.

Inc IHanOftty HePO1t " He HO"Se
Judiciary Committee.
The minority of the committee on
the Judiciary, to whom was referred
numerous petitions for the repeal of the
personal liberty laws, SO called, also a
bill to repeal sections two, three and
four of an act entitled an act to protect
the rights and liberties of the inhabi-
tants of this State, approved February
13, 1855 also bill to amend sec. 25
of chap. 159 of the Revised Statutes
of 4e46, being sec. 5735 of the Com
piled Laws as amended by act no. 1S9
of the session laws Of 1859, respectful
ly report: 'That they have been dis
posed to give the subject referred to
them that serious consideration which
belongs to it, under the circumstances
in which it is now presented, and while
the undersigned regret that the repeal
or non-repeal of these laws has been,
as we believe, most uuwarrantablv
sought by some to be made question
of party, we shall not be deferred by
any such considerations from meeting
the question upon its merits.
If these laws are to be repealed, il
must be either because they contravene
some provision of the constitution OF
the United States or of this State, OF
because they are inexpedient and un
wise, or wrong in their spirit and ten
dency.
On page 413 of the laws of 1855
act no. 1872, we find can act to protect
the rights and liberties of the inhabi
tants Of this State," the first section Of
which makes it the duty of the Prose
cutting Attorney of each county wher
any inhabitant of this State is arrested
or claimed as fugitive slave, on being
informed thereof, diligently and faith
fully to use all laacfully means to pro
tect and defend such person. To thi'
provision, in itself considered, we de
not see that any constitutional or othe
objection can be fairly made. 1t is NJ
more than humane provision to pro
teet the rights of those who may b,
unlawfully arrested.
The next three sections provide tha
all persons so arrested and claimed a
fugitive slaves, shall be entitled to th
benefits of the writ of ha6eds corpat
and of trial by jury; and that if tn
writ OF hdbeas corpus be sued out Ii
vacation, if upon the hearing, the pei
son imprisoned, arrested, or claimed a
!, fugitive slave shall not be discharged
he shall be entitled to an appeal to th
Circuit Court of the county, in whic
such hearing shall have been had in ful
nishing bail, &c. and that the Court t
: which such appeal shall be taken, or t
which such writ of habeas corpus is re
turnable, shall on application of eithe
party tothe proceedings, direct a trial b
Jury on all question Of fact in issue
. such proceedings.
4 In the third subdivision of sec. 2 {
E = article Nv of the constitution OF tn
United States, it is provided: "Ths
no person held to service or labor
S one State, under the laws thereof, e.
: Gaping into another, shall, s's cons
!. q,sence Of any la,o or reputation nter
IN, be discharged from such service 9
" labor; but shaUbe deliyered up on clai,
of the party to whom such service {
labor may be due" which provision {
the constitution Congress intended ,
e carry out by the act of February L
/ 1903, or chap. 81, (7, which provid,
a mode of making the claim, and IL
: proof that labor and service is due, an
a tribunal before which the claim an
proof is to be made, and the provision
of which are sufficiently familiar
! make the citation unnecessary; and st
further by the fugitive slave law
1850. This constitution was adopte
!, bnt twelve years after the Declaratie
:, OF Independence, and at time wht
slavery existed, to a greater or less e