Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-10-03
Tu,itive Slaves.


A synopsis Of the law which recently passed Con-
gress in relation TO fugitive slaves, has been going
the rounds of the papers for some time. We be-
eve ii first appeared in the Cincinnati Gazette. 1t
is full of errors and calculated, to mslead the public
Thee were so many propositions before Congress,
and so much said in the public press, that were
scarcely able TO tell the real character and Provi
sions of The law, until carefully examined it as
officially published. The following synopsis was
prepared with great care, with the law before US,
mad may be relied on correct:
The lst section gives jurisdiction TO the United
States Commissioners in of fugitive slaves.
The 2l confers the same power on the Superior
Court of the Territories TO appoint commissioners
now possessed by the Circuit Court of the United
States.
The Sd section authorizes the Courts to increase
the number of commissioners.
The 4th section gives the Commissioners so
appointed concurrent jurisdiction with the judges
of the United States Courts, to issue warrants and
grant certificates of ownership proof in of
fugitive slaves.
The 9th section requires the Marshal and his
Deputies, to execute all process in cases
and authorizes him TO appoint Deputies, and TO call
to his aid the posse if necessary 10 arrest any ugi
tive from justice labor and imposes heavy penal
ties for refusal TO execute process, and makes him
able in case Of escape.
Section 6, authorizes the owner Of any fugitive
slave his regularly appointed agent, by power of
attorney under the seal of the Court TO pursue with
or without a warrant and TO take the slave before
Ii fill
ly authenticated dispositions or oral testimony of
such ownership, he is required TO issue his certif
cate, which will authorize the owner 10 remove the
slave unmoesed.
Section Z, imposes heavy penalties upon persons
who obstruct the execution of process and aid the
escape Of fugitives.
Section s, relates to the fees of the Marshal and
Clerk.
Section 9, requires the Marshal the order of
in all when it shall appear that there is danger
of escape.
Section 10. points out the mode of proceeding in
the State where the fugitive escapes from, by re-
quring the 10 go before court of record and
make proof of such escape, together with full and
perfect description OF The slave and if such proof
of record fully Identify the slave il shall be sufi-
cent evidence OF ownership. In the absence Of
such record the owner must prove his property
in any other case under the law In is either
The owner or the slave competent witness the
trial.
The law Of 179S required State judges and mags
trates 10 issue warrants and grant certificates of
ership. Many of the States, Indiana among the
number have passed laws in aid of the act of Con-
gress; but the Supreme Court has decided that State
magistrates and executive officers, not bound TO
act, and since that decision some of the eastern
States have passed laws to obstruct the return of fu
gitiye slaves, by imposing severe penalties on per-
sons aiding in the arrest. Ii therefore became
cessary for Congress to act the provision Of the
Constitution, which was the great feature Of COM
promise at the time of IFS adoption, dead let
ter. They might have stopped, by giving jurisdic-
lion TO the commissioners, but it was thought best
more clearly TO define their dutes and the duty of
Marshals. The penalties for procuring the escape
of slaves increased, but the proof of ownership
is defined, and all the legal proceedings strict
and clear, that Kidnapping under the color of law,
is impossible. The rights of the protect
ed, and the free man of color secured from arrest
and abduction.