The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-09-27

that the service or labor claimed Of such fugitive
was due to such claimant in the State, territory
or district whence he fed, it shall be the duty Of
such Judge To grant to such claimant, his agen,
or attorneys, certificate Of the facts proved
and Of the value Of such service or labor lin The
Siate or territory or district whence the fugitivs
fled to said claimant, to he proved in like man
Der; which certificate, when produced by such
claimant his attorney, shall be paid at the
treasury, out OF any moneys therein not other
wise appropriated; and the same shall be filed IN
the treasury as evidence Of 50 much money due
from the State or territory where such rescue WAS
effected To the United States, and shall be by the
Secretary Of the Treasury reported to Congress
at the next sessApn ensuing itx payment: Pr0ri-
ded, That no more than So in case Of male,
or g. in case Of female fugitive, shall be so
allowed or paid.
in the provision Of ths act shall be, and the same
hereby repealed. This act shall be in force
The PRES1DENT. The proposition is to
amend the amendment Of the senator from Virginia
by the amendment Of the senator from New Jef-
sey proposes W strike out all after the word
That" in the fist section, and to insert the fol-
owing: ei8
The provisions Of the said act shall extend to
the territories Of the United States; and that the
commissioners who now are, who may hereaf-
ter be, appointed by the circuit courts of the Uni
ted States, or the district courts, where circuit
courts are not established, or by the territorial
courts ofthe United States, all Of which courts
authorized and required to appoint one or more
commissioners in each county to take acknowl-
edgments of bail and afidavits, and also to take
dispositions of witnesses in civil causes, and who
shall each, or any judge OF the United States, on
complaint being made on oath to him that fugitive
from labor is believed to be within the State or ter
ritory in which he lives, issue his warrant to the
marshal Of the United States, or to any other per-
who shall be willing to serve it, authorizing
of the fugitive, if within the State or ter
rtory, to be brought before him, or some other
commissioner, or judge Of the United States court
within the State territory, that the right Of the
person claiming the services of such fugitive may
be examined. And on the hearing, dispositions,
duly authenticated and parol proof shall be heard,
to establish the identity Of the fugitive and the right
of the claimant, and also to show that slavery is
established in the State from which the fugitive
absconded. And if, on such hearing, the COM
missioner or judge shall find the claim to the SER
vices of the fugitive, asserted, sustained by the
evidence, he shall make out certificate Of the ma
trial facts proved, and OF his judgment thereon,
which ne shall sign, and which shall be conclusive
Of the right Of the claimant or his agent to take the
fugitive back to the State from whence he fled -
Provided, That il the fugitive shall deny that he
owes service to the claimant under the laws Of the
State where he was held, and, after being duly
cautioned as to solemnities and consequences of
an oath, sh swear to the same, the commissioner
or judge shall forthwith summon jury Of twelve
me to try the right Of the claimant, who shall be
sworn to try the cause according to evidence, and
the commissioner or Judge shall preside at the trial
and determine the competency of the proof.
SEC. 2. find be 1t further enacted, That the COM
missioner shall receive ten dollars in each case
tried by him, as aforesaid, the Jurors fifty cents
each, and the marshall or other person serving the
process, shall receive five dollars for serving the
warrant on each fugitive, and for mileage and other
services the same as allowed to the marshal
for similar services to be examined and allowed
by the commissioner or judge, and paid by the
claimant.
August 49,
The question being then taken by yeas and
nays on the amendment of DIR. DAYTON to the
substitute of Mr.. MASON, they resulted us fol
lows
YEAs--Messrs. Chase, Davis of Massachusetts,
Dayton, Dodge Of Wisconsin, Greene, Hamlin,
Phelps, Smith, Upham, Walker, and Winthrop
Ill. Nf
NAys-Messrs. Atchison, Badger, Barnwell,
Bell, Benton, Berrien, Butler Cass, Davis of Mis-
sissippi, Dawson, Dodge Of iowa, Downs, Hous-
ton, Jones, King, Mangum, Mason, Morton,
Pratt, Rusk, Sebastian, Soule, Sturgeon, Turney,
Underwood, Wales, and Yulee--27.
So the amendment to the amendment was re-
jected.
The question then REQUIRED on the substitute Of
Mr. MASON.
Mr.. CHASE offered the following amendment:
Strike out all after the word sexecuted,' in
line 10, section B. and insert:
May apply to any commissioner appointed by this
act and it shall be the duty of said commission
er, upon said applicants giving satisfactory Sc
curity for costs, and filing an affidavit, setting
forth the name of the alleged fugitive, the State in
which she or he was held to service, and the fact
Of escape as aforesaid, to issue his warrant, di-
rected to any officer auth orzed to serve process,
requiring him to arrest the alleged fugitive, if
found within the State, and bring him or her be-
fore himself, or some other commissioner APP
pointed in said State under this act, for examine
ton to the matters set forth in said affidavit;
and said warrant shall be executed as in .other
cases and upon the return thereof before any
as aforesaid duly executed, he shall
ssue his precept to the proper officer, requiring
him to summon a jury of twelve disinterested
freeholders, who shall be sworn we'll and truly to
try the case, and true verdict render, whether
the alleged fugitive was held held to service, and
escaped from the State where held, as set forth
m said affidavit; and the said commissioner shall
preside at the trial, and determine the competency
Of the proof. And the commissioner shall make
such orders as to custody and bail, continuances
for testimony and other matters, as may be neces-
sary to secure a full and fair trial. end an Impair
tial decison,. And il the said jury should find
by their verdict that the alleged fugitive was held
to service or labor by the claimant in any State
under the laws thereof, and did escape as set
forth, the said commissioner shall make an order
rectng said verdict, and authorizing the claimant
his agent or attorney as aforesaid, to remove said
fugitive to the State from which he or she fled .
And the said commissioners shall make an accurate
of all his proceedings in each case un-
der this act, and file the same in the office of the
clerk of the circuit court of the United States for
the district preservation.
Mr. MASON. This amendment is simply to
substitute trial by jury of the question of claim
or claim. Its effect is the same as that of the
proposition just rejected.
The question being taken upon the amendment,
it was rejected without division.
Mr. WINTHROP. Mr.. President, / propose
an amendment to the third section, in the forty
seventh ine--to strik out all after the word
I" said, /" and insert,
Provided, however, That no certificate Of any
commissioner, as herein provided for, shall be an
answer to a writ of habeas corpus issued by any
Judge of any State or United States court,
who may be authorized by law to issue the said
writ in other cases. but it shall be the duty Of the
said commissioner or other officer, who may give
any certificate in the same manner proyded for in