Daily national Democrat., 1861-02-07

Touit Vi APPe"is, may be found appended to
the chapter containing this law the following
note
an Act to ertead the right of trial 6y .u-
| ry' passed may 9th, 1910 THE decision of
Ihe supreme Court of the United States. in
rflgy VS. the Commonwealth of Pennsvlva-
ma 10 Peters t. $50, establishes the doc
Urine that all State laws calculated to inter-
Iere with the third subdivision of section 2,
article i, of the Constitution of the United
states are unconstitutional. Since that deci-
sion the fugitive slave law (Laws of Congress
$780, chap COY has been passed, containing
provisions repugnant to the whole of thislact.
IL Is therefore of no force; but as it has ev-
er been repealed, it is here inserted"
NEW JERSEY.
The State of New Jersey has no statutes
bearing upon this subject save those which
enjon on her State officers the duty of aid
ing in the recovery of fugitive slaves. Per-
sons temporarily residing in the State are al
50 permitted to bring with them and retain
their domestic slaves.
PENNSYLVANIA.
The State of Pennsylvania has not formal
ly and specially legislated at all against the
United States Fugitive Slave Law of 1850
though there was an old statute of lS47 which
prohibited any Judge, Justice of the Peace,
or Alderman, from taking cognizance of the
case of any fugitive from labor, "under
certain act of Congress passed on the 18th of
February, 1893" During the last session of
her Legislature, the Commissioners appoint
ed to revise and amend the penal laws of
Pennsylvania (John G. Knox, Edward King,
and David Webster) made report to the
Legislature that they had completed their
labors, and the result was presented in the
shape of bill entitled "An Act to consoli-
date, revise and amend the Penal Laws of
the Commonwealth" That report on the
3lst day of March, 1860, was enacted into a
law, and by the ninety-fifth section it is
enacted as follows:
"No Judge of any of the Courts of this
Commonwealth, shall have jurisdiction or
take cognizance of the case of any fugitive
from labor from any of the United States or
Territories under any act of Congress, nor
shall any such Judge, Alderman, or Justice
OF the Peace of this Common wealth issue or
grant any certificate or warrant of removal
OF any such fugitive from labor, under any
act of Congress; and if any Alderman or Jus
tce of the peace of this Commonwealth shall
take cognizance or jurisdiction of the case of
any such fugitive, or shall grant or issue any
certificate or warrant of removal as afore-
said, then, and in either case, he shall be
deemed guilty of a misdemeanorin office. and
shall, on conviction thereof, be sentenced to
pay, at the discretion of the Court, any sum
not exceeding one thousand dollars. the one
half to the party prosecuting for the same,
and the other half to the use of this Com
monwealth."
The theory of this law, it will be seen, is
founded strictly on the decision of the SUI
preme Court of the United States in the Prigg
case, and does not interfere with the fu.c-
tons of the Commissioner appointed under
the United States law.
MICHIGAN.
The law of this State requires States at
torneys to act as counsel for fugitive slaves
secures to persons arrested as fugitive slaves
the benefits of the writ of habeas corpus and
trial by jury; denies use of State jails for de
tention of alleged fugitives; requires that
identity OF fugitive slaves shall be proved by
two credible witnesses, or by legal evidence
equivalent thereto, and provides a fine of not
less than five hundred nor more than one
thousand dollars, and Imprisonment in State
prison for five years, for forcibly seizing or
causing to be seized, any free person, with
intent to have such person held in slavery.
IOWA.
This State has no legislation on the sub
ect
WISCONSIN.
The law of this State enioins on the Dis
trict Attorneys the duty Of acting as counsel
for alleged fugitive slaves; secures to such
persons the benefits of the writ of habeas
corpus; provides for appeal to be taken to
next stated term of the Circuit Court; secures
trial 10y jury; enjoins penalty of one thous-
and dollars and imprisonment of not more
than five nor less than one year on all who
"falsely and maliciously represent any free
person to be a save;" identity of alleged fu-
gitive to be proved by two credible witness
ses no deposition to be received in evidence.
1t is also provided that
No judgment recovered against any person
or persons for any neglect or refusal to obey,
or any violation of, the act of Congress COM
monty termed the Fugitive Slave Act ap-
proved September 18th, 1850, or any of the
provisions thereof, shall he a lien on any real
estate within this State, nor shall any such
Judgment be enforceable by sale or execution
of any real or personal property within this
State; but all such sales shall be absolutely
void; and in case of seizure or sale of any
such personal properly, by virtue of any ex-
ecution issued on such judgment the defend
ant in said execution may mainsain an action
in replevin, or other action to secure possess
sion thereof, in the manner provided by law
for such actions, on affidavit filed as requr-
ed by law, and further statement therein
that said execution is issued in judgment
rendered under the provisions of the act of
Congress aforesaid; and the provisions of this
section shall also apply to judgments hereto
fore rendered"
OHIO, INDIANA, ILLLINoIs, MINNESOTA, oALIFoR.
MA AND OREGON.
We cannot find that these States have any
laws in force on this subject.
MORE ABOUT THE SILVER MINEs.-The ex-