Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1850-08-30
The Fugitive slave BIN as 1t passed the senate.


Bill to amend the act entitled, " An act respecting ugi
tires from justice and persons escaping from the service OF
their masters
Sec That persons have been may hereafter be,
appointed Commissioners virtue of any act of Congress
by the Circuit Courts of the United States who in
sequence of such appointments authorized to exercise
the powers that any justice of the peace magistrate
any the United States may in respect often
der for crime offence against the United States by
arresting mprisoning, battling the under and by
of the hirtythr section of the of the twenty
fourth of September seventeen hundred and eighty nne
titled act to establish the judicial courts of the United
Sate shall be, and hereby authorized and required
to exercise and discharge all the and duties confer
SEC 2. And be it further enacted That the superior
court of each organized Territory of the United States shall
have the power to appoint commissioners to take
acknowledgements of bail and affidavit and to take deposit
lions of witnesses in civil which possessed by
the circuit of the United States and all commission
who shall hereafter be appointed for such purposes by the
States shall all the powers and exercise all the
conferred law upon the commissioners appointed by
the creuit conrs of the States for similar purposes
and shall exercise and discharge all the and
duties conferred by this act.
SEC And be it further enacted That the circuit courts
the United Sse and the superior courts organic
ed Territory of the United States shall from time to time
enlarge the number of commissioners with view to afford
reasonable facilities to reclaim fugtves from labor, and to
the prompt discharge of the duties imposed by this act
SEC L. And be it further enacted That the Commission
above named shall have concurrent jurisdiction with the
judges of the circuit and courts of the United
in their respective circuits and districts within the several
States and with the judges of the superior courts of the Ter
rtores sever1y and collectively term time and vaea-
satisfactory proof being made with authority to take and
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trictons herein contained the State Territory from
which such persons may have escaped or fed.
Sec s. And be it further enacted, That it shall be the
duty of all marhals and deputy marha to obey and
all warrants and precep issued under the provisions of
deputy marshal other pro-
cess when rendered to use all means diligently to
the of thousand dollars to the of such claimant
on the motion of such claimant by the circuit district
fugitive by such marshal his deputy whilst time
in his custody under the provisions of this should such
marshal his deputy such marshal shall be liable his
official bond to be prosecuted for the benefit of such claim
ant for the full value of the service labor of said m
gtve in the State, Territory, District whence he
caped and the better enable the said commissioners
when thus appointed, to execute their duties faithfully
and efficiently in conformity with the requirements Of
the Constitution of the United States and of this ac
they hereby authorized and empowered, within their
counties respectively, appoint, in writing
hands, any suitable persons, from time time
execute all such warrants and other be
by them in the lawful performance of their respective
dutes with authority to such commissioners the persons
summon and call to their aid the bystanders posse
t0t"s of the county when necessary faith
full observance of the clause of the constitution referred
in conformity with the provisions of this act and all good
citizens are hereby commanded to aid and assist in the
prompt and efficient execution of this law, whenever their
services may be required aforesaid for that purpose and
whore in the State, within which they are issued.
Sec. g. And be it further enacted That when person
as ctr or a S & the
State or Territory of the United States the
or their agent attorney duly authorized by of
torney in writing acknowledged and certified under the
seal of legal officer of the State Territory
which the may be executed may pursue reclaim
such fugitive person. either by procuring warrant from
some one OF the courts judges commissioners aforesaid
of the circuit district county for the apprehension
of such fugitive from service labor by seizng and
resting such fugitive where the
process and by taking causing such person be taken
forthwith before such COURT judge commissioner whose
duty it shall be to hear and determine claim
ant in summary manner and upon satisfactory proof be-
ing made by deposition affidavit, writing to be taken
satisfactory testimony duly taken and certified BY
court magistrate justice the peace other legal
officer authorized to administer oath and take deposi
tons under the laws of the State Territory which
such owing service labor have escaped with
certificate OF such magracy other authority afore
aehed which seal shall be establish the compe-
identity of the whose labor is claimed be
due aforesaid that the arrested does
in the State Territory from which fugitive may
and deliver such claimant his her agent
ney, certificate setting forth the substantial facts to
and of his her from the State Territory which
such service labor DUE to the State Territory in
ant his her agent attorney to such reasonable
force and restraint be under the circum
back to the State Territory from whence he or she
have escaped aforesaid In trial hearing under this
in evidence and the certificates in this and the first section
mentioned shall be conclusive of the right the person
in whose favor granted to such fugitive to
the State Territory from which he escaped and shall pre-
vent all moestaon of said person persons by
whoms0evcr
SEC T. And be further enacted That any person who
shall knowingly and willingly obsruct, hinder prevent
such claimant his agent attorney any
sons lawfully assisting him. her them from arrestng sucf
fugitive from service labor, either with without pro
aforesaid shall attempt to sucl
fugitive from service labor from the custody Of sucl
claimant his her agent attorney other person
persons lawfully assisting aforesaid when arrested
to the authority herein given and declared shall
aid abet assist such owing service labor
aforesaid directly indirectly such claimant
agent attorney other legally
n fpi
tive to the discovery and of such
after notice knowledge of the fact that such
fugitive from service labor aforesaid shall for either
said offences be subject to fine not exceeding THOUSAND
dollars and imprisonment not exceeding six MONTHS by in
dicment and conviction before the district Unit
ed States for the district in which such offence may
been committed before the proper Of criminal urs
dicton committed within of the organized Ter
rories of the United Sates and shall moreover forfeit
by of civil damages to the party injured by
illegal conduct the of thousand dollars for
fugitive so lost aforesaid to be recovered by action
debt the district territorial courts aforesaid
within whose jurisdiction the said offence may have bee
committed.
Sec. g. And be it further enacted That the marshals
deputies and the clerks of the said district and terrific
courts shall be paid for their services the like fees
be allowed to them for similar services in other
and where such services rendered exclusively the
res custody and delivery of the fugitive to the claimant
his her agent attorney where such supposed gv
be discharged out of custody for the want of sucen
proof aforesaid then such fees be paid the Who'll
by such claimant, his agent attorney and in all
where the proceedings before commissioner he shall
entitled to fee of dollars full for his services
upon the delivery of the said certificate the claimant
his or her agent or attorney fee of five dollars in
warrant such certificate and delivery, inclusive of all
incident to such arrest and examination to be paid
by the claimant his her agent attorney
The authorized the
issued by such commissioners for the
fugves from service labor aforesaid shall also be
to fee of five dollars each for each person he the
arrest and take before such afor
sad at the instance and request of such claimant with