The Cass County Republican. [volume] (Dowagiac, Mich.) 18??-1880, 1861-01-31
Personal Liberty Bills.


continuous bowling against what are
called the Personal Liberty Bills" of
the Free States. It's collared and we'll
trained blood-hounds of the North,
have obediently joined in the bowling;
distending their lank jaws and contrib
uting their "sweet voices" to swell its
volume.
The pretence is that the enactments
are calculated to interfere with the
summary and uniformly successful
operation of the Fugitive Slave Act,
and are, therefore, unconstitutional
though none of the organs of the Slave
Power pretend to adduce an instance in
which any such effect has been pro-
duced. If this were even so, it would
be sufficient answer that the only pro-
visions of the Fugitive Act, the enforce
ment of which can ever be INSTRUCTED
or retarded by the Personal Liberty
Bills, are themselves grossly in viola
ton of the Constitution; are admitted
to be SO by thousands of the lawyers
and jurists who assert the constitution
ality of the remaining provisions of
the Act. stoHF sse i af as4
Who denies that the provision of the
Fugitive Act which prohibits the "priv-
ilege of the writ of Ha6eas Corpus"
is in violation of that clause of the
Federal Constitution which provides
that "The privilege of the writ of Ha-
beas Corpus shall not be suspended
unless when, in cases of rebellion or
invasion, the public safety may demand
it?" ~
Who denies that the provisions of the
Fugitive Act which vest '.judicial pow
er'' to try, convict and sentence to i'm
prisonment at slave labor for life, in
the mere ministerial officers called
Commissioners" appointed by, and
holding their Offices at the pleasure of
individual judges, and paid by OCCASION
al fees, are in violation of those provis-
ions of the Federal Constitution which
require that all such powers shall be
vested in Federal Courts, the judges
of which shall be appointed by the
President with the concurrence of the
Senate, shall hold their offices during
good behavior and be paid by faced
salaries which shall not be diminished
during their continuance in office"
(See section II of Article III, and Sec
ton of Art. III of the Constitution. J
Whodenies that the provisions of the
Fugitive Law that such trial, conviction
and sentence may be had upon mere
ec parte affidavit made, even if genuine,
thousands of miles away, by some men
wholly unknown to the commissioner
and never within his jurisdiction, and
which, of course, allows the accused no
opportunity of ross-examination, are
grossly in violation of those provisions
of the Constitution which forbid that
'any person cannot be deprived of life,
liberty or property without due process
of law" and require "trial by .jury''
when the value in controversy shall
exceed twenty dollars" (See Articles
V and VII of the Amendments of the
Constitution.
1t is to secure to citizens whether
white or colored, the benefit of these
provisions of the Constitution, and pro-
tect them from such demonstrations
provisions of the Fugitive Act, as well
as against absolute and felonious kid
mapping, that the Personal Liberty
Bills have been enacted. Of those OF
the Free States, our own is as stringent
as any. as,.-. 49,,
But the Slave Power, and its advo-
Gates have always claimed that the
Slave States had Personal Bills, inten-
ded and amply sufficient to protect
the freedom and rights of all entitled to
such protection. This would be true if
there were public virtue enough in the
Slave States to secure the honest exc
cution of their personal Liberty Bills,
as we know there is not. Still the Bills
remain on their statute books and we
give below that of the State of Virgin
la, together with that of our own State.
Except in the provisions of ours for
the punishment of kidnapping, it will
be seen that the personal Liberty
Bill'' of Virginia, is more favorable to
the person held or accused as a slave,
than that of Michigan. If ours is un-
constitutional, Virginia's is also. When
she and the other Slave States repeal
theirs, then it will be time enough for
them to demand the repeal of ours.
PERSONAL LIBERTY BILL OF VIRGINIA.
CODE OF VIRGINIA. Au-
gust Is, 1910, page AGA, chapter cvi.
of Suits for Freedoms /. Any per-
! u