The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-24

Thousand dollars be paid 10 the said United States oi
their lawful agent representative 10 which payment,
We'll and nay 20 be msde bind myself my hsls sb and
day of -. eighteen hundred and ----.
The condition Of the above obligation is such, that If the
above bound - shall remove certain person named
who claimed by the said obgo fugitive from labor.
into the State Of - and tho county tparsh or district as
fore court of competent Jurisdiction therein at It's first
Term, and then and permit the said alleged fugitive TO
shall be the laws Of said State IN
that behalf and afford said alleged fugitive the aci-
be void otherwise, the said obligor shall pay the
Uned States the said of thousand dollars which
district Of the United States.
and being duly executed by the said claimant his agent
shall be delivered 10 the said court. Judge or commissioner
enclose SEAL and uansmit The same by mall to the district
attorney of The United States for the State district into
Aud il be the duty OF the Attorney the forfeiture
the said bond proceed for the recovery OF the penalty
coyery Of The same he shall be entitled per
the amount reeovered the residue 10 be paid into the
treasury OF the United States and he shall be also allowed
for his services in the prosecution OF the suit the sum OF
twenty five dollars, whether there be any not
But If the oblgor the said bond shall comply with the
condition thereof II upon the return OF the said fugitive
to The place from which he or she had hed he or she shall
declare before the aforesaid that he she has
right freedom, and therefore does wish the prose-
ss Of Fl a oa as 70 s the oSso s
SEo. And be IL further enacted, That any person who
shall knowingly and willingly obstruc hinder or prevent
claimant his attorney, any person or
lawfully assisting him, her. or the from arresng
1uKitVe service or OF pro-
Aforesaid shall rescue attempt rescue, such
fugitive from service labor from the custody OF the per
whom such service or labor Is due or from his or her
agen attorney, other person personslawfny assist
aforesaid when arrested to the authority
such person owing service labor aforesaid directly
or indirectly, from the person to whom such SER
other person persons legally authorized aforesaid
fugitive shall harbor conceal such ingi
ve prevent the discovery and arrest OF such ing
tive after notice knowledge of the fact that he she
fugitive from service or labor as aforesaid shall for either
4uI hA
hundred dollars, and Imprisonment not exceeding sn
eoa1 Of the he Uatsd States for the di.ct in which such Of
fence have been committed before the proper court
org .nized Terrltoes of the United States
forfeit and pay. by way ofcyi damages TO the party
d0ars be recovered by action oil debt in amy OF the
district % territorial courts aoiesald within whose lurls
Mr. MASON. Mr.. President, the amendment offered
by the senator from Kentucky MIR uNDERwooD] pro-
poses in the first place to provide different mode OF ap
pointing The commissioners who are to have concurrent
jurisdiction with the judges in the execution OF this law
The amendment that has been adopted by the Senate in
committee provides that the Judges OF the circuit and
district courts "sha appoint three commissioners in each
county, who shall have authority to execute the pro-
visions of this law" The amendment proposed by the
from Kentucky proposes TO adopt the existing
commissioners appointed under the existing laws for
ordinary purposes, in lieu OF the special commissioners
who proposed by my amendment 10 this extent
have no objection TO the amendment OF the senator
from kentucky and ii It shall De the pleasure OF the
Senate reject the amendment, which hope will do.
and he then proposes to substitute his mode OF appoint
ment for mine, will cheeTfuy accede TO. But beyond
that, submit to the Senate that the amendment proposed
by the senator from Kentucky would not carry into ex
ecuon the provisions Of the constitution for the eca-
homo OF iogVes ~ sacn as
dersand it, than provided by the law OF 1923, which
is intended TO render efectual the constitutional
rights of the people of the slaveholdng States to
have their slaves reclaimed That law is perfectly in
eheclua. This will only have the effect TO substitute
federal officers for the State officers charged with the
- ~ in
good provisions, not, submit, sufficiently compre-
hensve They do not impose duties such as are salts
factory to me- and 10 the gentlemen with whom have
conversed, competent TO make the provisions oil The
constitution eiectuai.
] In the amendment which had proposed and which
the committee had adopted, besides giving TO the com
mssioners powers which are TO be exercised by them
similar TO those possessed by the Judges there IS pro
vision which appended, and which esteem as indspen
sable to the proper execution OF ihe law, and WHICH
uckythat OF giving compensation TO be paid TO thes
commissioners.
There is another provision in this section OF the amend
ment which adopted by the committee, which pro
vides that shall be the duty OF the marshal or deputy
marshal 10 remove the fugitive to the State whence he He'd
and then to deliver him to the his agent, upon
an affidavit being made that danger is apprchended OF
rescue.
for the recovery OF fugitive slaves-necessary TO give
any effect at all | know WELL from the experience o
that section OF the country from which come, that the
greatest danger the greatest obstacle 10 the recovery
their fugitive slaves, when they arrested in th'
cites-aDd they generally arrested in the ci,es-s
that either before after the claimant put IN posses
sion OF hs slave, he is rescued by an irresponsible mob
Now, il very true that provision Is made IN each o
these bills punish those who concerned In rescuns
fugitive by force BY the embarrassment OF the pro
ceedng in any manner; but we all know that IN such
case il is almost impossible 10 tell who the offenders
and, when they found to bring them to punishment,
hold that, under the provisions OF the constitution, II
the duty of the federal to give effect to thei
laws and If there is just to apprehend that il vii
be resisted and the rights OF The claimant defeated the
IL is the duty of the United States that the laws
made eectual after the adjudication, by taking the ugi
tive back to the State from which be fled That is on
OF the provisions That is OF the provisions in ih
amendment adopted by the Senate, which is not IN tn
amendment of the senator.
There Is another thing to be remarked upon In
senator from Kentucky has adopted both the amend
ments OF the Committee OF Thirteen. One OF these amend
mens provides that record evidence may be provided
the State from which the fugitive escapes.
Now, sir, that IL of the amendments recommende
f by the Committee OF Thirteen. Objections have bee
taken that amendment. and think properly taken.
would be very good provision il IT were made merel
cumulative evideDce-not exclusive proof-provided
were not incumbent upon the claimant and that he wer
that evidence the only evidence that will entlle him
the recapure understood the senator from Kentucky
who at the head OF that committee and who reporte
that amendment that he bad objection, II that wa
obstacle, to take away from il any character OF excu
sveness and TO leave it discretionary with the calnai
TO take that evidence any other In the amendmer
have proposed have adopted that have added TO
pfovso intended TO effect the end had IN view by IN
senator from Kentucky, and which is in these words
Popded That nothing herein contained shall be construc
taken requiring the production OF Transcript Of sue
l,eHnr nrI pr s,fnr