The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-08-23

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| 1898 upon judges and magistrates.
I'd. That the superior courts OF the several terri
tories shall have the power to appoint these COM
missioners.
3D. That the circuit courts of the United States
and the superior courts of the Territories shall
from time to time, enlarge the number of these
commissioners, with view to afford reasonable
facilities in the reclamation Of fugiuyes from la
bor
ith Authorizes these commissioners to issue pro-
cess for the arrest of the person charged as fugi-
tive, and to compel the attendance Of witnesses
II shall be the duty Of the person to whom this
process shall be directed, TO execute the same with
despatch If said person shall refuse this
process he shall be dismissed from office; the com
missioner authorized TO punish persons guilty Of
disorder in his presence, &c.
'SEo ., Ind be IL further enactsd, That when any
person held TO service or labor in any State Ter
ritory OF in the District of Columbia, under the
laws thereof, shall escape thereirom, the party 10
whom such service or labor shall be due, his, her,
or their agent, attorney, guardian, trustee, may
apply TO any court of record in the county par
lsh from which the person SO held 10 service la
Dor shall escape, If in session. or TO judge OF said
court in vacation, and make satisfactory proof to
such court or Judge OF the escape aforesaid, ard
that the person escaping owed service or labor to
such party. Whereupon the court or judge shall
cause record TO be made of the matters proved,
and also general description OF the person so es
Gaping, with such convenient certainty may lie;
and a transcript of such record, authenticated by
the attestaton of the clerk and of the seal Of the
said court, being produced in any other State Ter
-ltory, or District in which the person escaping
mny be found, and being exhibited to any judge,
commissioner, or other officer authorized by the
law of the United States to persons escaping
from service labor to be delivered up, shall be
held and taken to be full and conclusive evidence
of the fact of escape, and that the service labor
OF the person escaping is due TO the party in such
record mentioned. And upon the production by
the said party of other and further evidence if
necessary, either oral by Affidavit, in addition to
what is contained in the said record of the identity
ohe person escaping, ne or she shall be delivered
up to the claimant. And the said court, com
missioner, judge, other person authorized
by this act to grant certificates TO claimants
OF fugitives, shall, upon the production of the
record, and other evidences aforesaid, grant to
such claimant certificate of his right 10 take
any such person identified and proved TO be
owing service labor Aforesaid, which certifi-
cate shall authorize such claimant to seize or ar
rest and transport such person to the State Ter
ritory from which he escaped Prouided, ho,csyer,
That such certificate, and the proceedings before
the Judge, commissioner, or justice of the peace
who may grant the came, shall constitute no evil
dence whatever against the person delivered up
fugitive from service labor in any suit there
after instituted by him or her to establish his or
her right to freedom; shall such certificate and
proceedings be placed and relied on IN any manner
whatever in any such suit in bar of the plaintiffs
right to recover his or her freedom. This section
shall apply, so as 10 authorize the making up
cord in the manner above provided in relation to
fugtiyes from service or labor who have heretofore
escaped, well as to those who may hereafter es-
cape.
SEC. 6. Provides, that in case the alleged f,lgi-
tive asserts his freedom and the said Judge or com
missioner shall decide to grant tic certificate en-
towering the removal of the said fugitive TO the
State from which he shall have fed, the said Judge
commissioner shall require the claimant enter
into bond, conditioned that the said fugitive shall
be removed to the State whence he fed, and then
take said fugitive before court of competent iu-
risdiction, and permit the fugitive to try by Jury
his right TO freedom.
So : ril.a he form, ,ffb no, L IL, no
by the claimant, &c. After the execution OF the
bond 1t Is to be sent 10 the United States attorney
for the district in which the said master shall dwell,
and, upon its forfeiture, the said attorney shall en-
ter suit for the recovery of the penalty, &c.
SEC. 8. Provides penalty Of a fine not exceed
ing five hundred dollars and imprisonment not ex-
ceeding six months, against any person who shall
willingly and knowingly obstruct, hinder, or pre-
vent the recovery OF fugitive from labor, or who
shall rescue or attempt TO rescue such fugitive hen
arrested; who shall aid, bet assist such fugi
tive to cscape from the person 10 whom such
vice or labor ID due, who shall harbor conceal
such fugitive, so az TO prevent his recovery ar
rest. And any party SO offending shall forfeit and
pay by way OF civil DANA ges TO the party injured
by such Illegal conduct the sum of one thousand
dollars, to be recovered by action of debt sc.
Mr.. UNDERWOOD supported this substitute at
great length.
Mr.. MASON replied, opposing the substitute.
Mcssrs. MASON and UNDERWOOD continued
the debate.
Mr.. DAVIS, Of Mississippi, stated the reasons
why he had reluctantly voted against the amend
mcnt Of the Senator from Maryland, aud with
view 10 strike from the bill provision containing
something OF the same Objectionable principle, he
moved 70 strike out Of the bill-"and should such
fugitive al any time after being arrested az alore-
said, by warrant aforesaid, be rescued by force
from those having such fugitive in custody, then il
shall be lawful for such claimant, his agent at
torney, 90 exhibit proof Of such arrest and rescue
before any judge OF the circuit district Of
the United States, for the State where the rescue
vas ctlected and upon such arrest and rescue
being made 20 appear 10 him by satisfactory proof,
and that the same without collusion; and fur
thcr, that the service labor claimed Of such fug
tive due 10 such claimant i'm the State Terri
tory, or District whence he fed it shall be the
duty VI such judge to grant To such claimant, his
agent or attorney certificate of the facts so proved
and Of the value Of such service labor lin the
State, Territory or District whence the fugitive
hedl 10 said claimant to be proved in like manner
which certificate when produced by such claimant
Or bic attorney, shall be paid at the treasury,
OF any moneys therein not otherwise appropriated;
and the same shall be filed in the treasury, az evil
dcncc Of % much money due from the State or
Territory where such rcscuc was effected TO the
United State, and shall be- by the Secretary Of the
Treasury reported 10 Congress at The next session
ensuing its payment: ProUidsd, That not more than
IA case Of a male, or : in case of
female fugitive shall be so allowed or paid.
Messrs. FOOTE, DAVIS, and TURNEY con-
uuucd the discussion upon the merits Of the princi-
pie involved in the amendment Of Mr.. PRATT,
and without taking any question,
The Senate adjourned