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The "personal Liberty Laws."

The "personal Liberty Laws." image
Parent Issue
Day
7
Month
December
Year
1860
Copyright
Public Domain
OCR Text

Ttic Dotroit AdecTtiter and other Tïo '■■ publican papera areseeking tu fatiier the ndioui "Persoon] Libwty Laws" of ihta State upoo the Demoen.tio party. They allega th:it the law of of 1838, adopled by n Democratie Legislature, involved the same principio, and did equal violcnoe ti) tliu riijht (.f the South with (he Luw of 1855, if vicilntion U doro by either; and that the law of 'b'J ira only an ainendinent of that ot 1838 Huw fur is the legislation iimilar ? The itatttle ot 18SS Kil againat kidnapping, and kidnapping only. It did nut eek to nul'.ify any net of dmgress, ;t placed no legal obstruoiion n the way of tho exoculioa of the furitive h.ve luw, it did not inake it :i penul oflerioe fr State officiers to aid Uuitud Stuiea olïcer.-, nor irmke it a dut.v for tbcm t prevent if pomible Vno execution ot Unilod tStales iflvps. it .iovided Pöirilties for ïdnnppil g wliila iiMffl - uiid iorkián;ipii!gnegroes- and tiat ' all. On the olher hand, the itatute of 1855 aiins to prevent not ktdnpppic g '. but the öxecution of tlie luws of 'iie Unitod States. Tt does not siijk, üke ! the stitute of 18 i 8, to prevent twroes buing eurried in:o lavcry without duo prooMsof la', b'.it to ronder it impossible to recl'.,im tugitive by legal pro uess. T'ijirt is the ditf'erence o the ( tor and spirit of tho leg'elation, and a wido diöerance it i. Again, the umendment of '59, in j view of the concti'utionul pruhibitipD i of slavery in tho State, makes it u I nal offenco for any person to "bringany negro, mulatto or ther peraon of color intotha State, claiming liim or her a a I slave." Tho Constitution of tho Stilte i already ireed persons thu brought in, I the; conld not be clnimed as lugitive, tho legisliitiori was wholly ïmnecesttary, and wai only designnd to irrilate the South. We are told however, thai recent kidnapping ca6es in New York i and elsowhere, prov the absolute necesity of these "Personal Liberty r.awn." Not at all. They prove no uch thing. In all the Northern State?, and in the Southern S ate, too, laws have always existed against ping, and of suoh laws no one ulier Nrth or South complains But the statute oi 1855 of our State, and siinilar statutea of other States, have nothing to do with kidnapping. Theu penaltiea nro not tnaio iur kidnapper, but with a view to prevent tli execution of tho fugitiva llave law, and lor : DO other purpose. And ol ttiid brcach ' of laith, ibis repudiation of duty, tliis Dullifieatiun of tho eonstitutional laws of C'iisïrriis tlie South üomplains, and complain ju.tly. This is RepubliuM leginlation, ii ha no procedent in tho Democratie legisla'. on of 1838, and lo attempt to hang" tha responnibiiiiy is nothing loss than dishones'y, unless it inay be cowardice. But,right here, and ns nn exenco for tilia nnliiöcation, we are met with the (.-.laiin that the fugitive slj.va law is unconstitutional, anc tliat it is unconstitutloDa) becaiiise it does not próvido a i trial by jury for a fugitivu lave, and ! in the State in which he i arre8'ed to return. The sume eection of the Con■titution that provides for the renditión of fuitive claves, also providbs for the renditión of fugitives frum justice, and ! if the fugitivo plave is entitled toa trial j bv jury beforo the officersareperniitted lo remove hiin from tho Stpte and give him in to iho possession of his toaster, tho f igitive from justice would eertainly be ei)ti:lcd to cluim tho saine pnulege. The yect'on providing for the rendition ijÍ the one gives liirn no privileges over the ether. And we beüeve no State has interponed a jury tiiu] in behalf of u fugitive fiom justiuc, bat thut uil the State givH up persons ehnrged with crime in anoiher State on H iitnplw requifition. It mattere not that ihu fuyiiive slave is not hargd with crime, he ia linked by the Constituticn, the iiighest statute known to tha nati:t!, w ith the fugitive from justice, and can claim no aid and protection lroin the lawë of the State into wliiich he hu escaped that the latter cannot cla m. There is no doubt that the"' Person al Liberty Lae" of Michigan and other Nrthern Statecare both unnececsary and unconstitutional ; they were adopted to aggravate the feolings of the South, and have most successfully accomplished thut object; and it now becomes those Repubücan leaders who a;-e clamoring about treaRon at the SouiÍ! to reirace their own stepj, and sr.ow a isposition to abide ly ttiecompromisea of tho Cons.itution. That done thoy. oiin with a better hw of coiwisU-nc'y oall up.'n the South to return to thmr allegiancb "d i"á y the Constitution and tho T.Tn;on. Will they do it ?

Article

Subjects
Old News
Michigan Argus