The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-09-28

such clamant or 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, evidence of so much money due
from the State or territory where such rescue
effected TO the United States, and shall be, by the
Secretary of the Treasury, reported to Congress
AT the next session ensuing its payment; Provided,
That not more than S. in OF a male, or
s. In case Of female fugitive, shall be al
| lowed or paid
Mr. MASON MIR. President, understood am
amendment to be ofered.by the senator from Mis-
sissppi MIR. DAusl who sits on my left, to strike
out the last or certain portion Of the last section
| of the amendment which has been adopted in COM
mittee do not know how the motion of the
senator from Kentucky (Mr. UNpERwooD] and
that of the senator from IA ississippi [Mr DAusl
stand in relation to each other
! MIR. DAVIS moved further to amend the Sta
section by striking out the proviso which runs
from the 10th line to the end Of the section--the
object being 10 cause the delivery to be made ut
the charge of the party, where there is danger of
rescue, so that it should be at the expense of the
/ Government and not of the individual.
| The provIso alluded to is as foows
| Provided, That, before such charges are in
CURED, the claimant, his agent or attorney, shall
secure TO said officer payment of the same (; and in
case no actual force be opposed, then they shall
be paid by such claimant, his agent or attorney
The question being taken upon this amendment
| it was also agreed to-
l I
7th section, 9th line, by inserting, after the word
'thereln, the words ''or judge thereof in
| cation
This amendment was agreed to-
| Mr.. CHASE moved to strike out the second
section ofthe amendment of the senator from Ken
lucky, [Mr. UNDERwooD, ]-the object being to
restrict the operation Of the slaves escaping
from one State into another State, in conformity
with the provision of the Constitution.
The section proposed to be stricken out was
| read as follows
SEC. 2. .and be it further enacted, That the SUI
peror court of each organized Territory of the
| United States shall have the same power to ap0
point commissioners to take Acknowledgements of
bail and affidavit, and to take dispositions of wit
nesses IN civil causes, which is now possessed by
the circuit courts Of the United Stotes and all
commissioners who shall hereafter be appointed
for such purposes, by the superior court of any
! organized Territory OF the United States shall
possess all the powers and exercise all the duties
conferred by law upon the commissioners APP
pointed by the circuit courts of the United States
for similar purposes, and shall moreover exercise
and discharge all the powers and duties conferred
| by the third section of the act of Congress, APP
| proved February twelve, seventeen hundred and
ninety-three, in the preceding section of this act
mentioned.
The question being then taken upon Mr.
CHAsE's amendment, 1t was reiected-as follows :
YEA--Mr. Chase
] NAys-Messrs. Atchison Badger, Baldwin
| Barnwell Bell, Berrien, Bradbury, Butler, Cas- !,
Clarke, Cooper, Davis Of Massachusetts,, DAVIS,
Of Mississippi, Dawson, Dayton, Dodge Of Wis
consin, Dodge of Iowa, Downs, Greene, Ham!i S.
Houston. Hunter, Jones, King, Mangum, Mason,
Pearce, Rusk, Sebastian, Shields, Smith, SouIe,
Spruance, Sturgeon, Turney, Underwood, Wales,
Walker, Whitcomb, Winthrop, and Yy1-, ~ sNl.
i Mr.. MASON. ! propose now an Mas it bent
which shall devolve the liability upon ths N..sr-
shall or deputy marshall should the fugitive, after
berg arrested, escape, whether by violence OF
otherwise. will read il:
! At the end OF line A, section 5, insert
l And should any marshal or deputy marshal re-
fuse to receive such warrant or other process
! when rendered, or to use all proper means dill
! gently to execute the same, he shall, on convc-
lion thereof be fined in the sum of al 900 to the
use of such claimant, on the motion Of such
claimant, by the circuit or district court for the
/ district of such marshal. m
| And after arrest of such fugitive by such mar
shal, or his deputy, or whilst at any time in his
| custody, under the provisions of this act, should
/ such fugitive escape, whether with or without the
assent of such marshal or his deputy, such mar
shal shall be liable, in his official bond, to be
! prosecuted for the benefit of such claimant, for
the full value of the service labor of such fugi-
| tive, in the State, territory, district from
/ whence he escaped. aa i.l "a.
! The question being then taken on the amend
ment, it was agreed to as follows:s
! YEAs-Messrs. Atchison, Badger, Barnwe,
4
Of Iowa, Downs, Foote, Houston, Hunter, jones'
| Mangum, Mason, Pearce, Rusk, Sebastian,
Shields, Soue, Turney, and Yulee-22
| NAys-Messrs Baldwin, Berrien, Bradbury,
Chase, Dawson, Dayton, Dodge of Wisconsin,,
Hamlin, Spruance, Sturgeon, Underwood, Wales,
and Winthrop--l3.
So the second branch of the amendment was
adopted.
Mr.. MASON demanded the yeas and nays on
the amendment, which were ordered, and being
taken, were as follows
YEAs-Messrs. Bradbury, Clarke, Cooper, Da-
Wis of Massachusetts, Dayton, Dodge of Wiscon-
sin, Greene, Shields Spruance, Sturgeon, Under
| wood, Wales, Walker, and Winthrop--l4.
| NAYs-Messrs. Atchison, Badger, Barnwell
| Bell, Berrien, Butler, Davis of Mississippi, Daw-
son, Dodge Of Iowa, Downs, Foote, Houston,
Hunter, Jones, King, Mangum, Mason, Rusk,
| Sebastian, Soule, Turney, and Yulee-22.
The proposition submitted by Mr.. UNDERw GOD
rs a substitute for that Of the senator of Virginia
| GMr. Mason was rejected.
| Mr.. MASON. now propose, at the sugges-
ton of several senators, and in pursuance of what
said before the vote was taken to strike out the
first section of the amendment before the Senate
down to the word 'the," in the 23d line, and to
substitute the first three sections of the amend
ment Of the senator from Kentucky.
The motion was agreed to.
Mr.. MASON. The rest of the first section
will constitute new section, which | move TO
have commenced with the words:
The commissioners above named shall have con-
current jurisdiction with the judges OF the circuit
and district courts of the United States, &C. That
will constitute the fourth section.
This amendment also agreed to-
Mr.. MASON then offered several verbal amend
ments, which were agreed to.
The question was then taken on Mr.. MAsoN's
amendment as amended, and it adopted.
The question was stated upon the engrossment
of the bill.
MIR. DAVIS, of Massachusetts, moved to amend
the bill by adding the following an additional
section:
SEC. - find be il further enacted, That if any
mariner, or other free colored person arriving on
board Of any vessel in any port or place Of the
United States, shall be imprisoned or deprived Of
his liberty without any alledged crime offence |
against law it shall in such cases be the duty Of
the district attorney Of the United States within
and for the district where such imprisonment or
detention may occur, TO cause any such person so
imprisoned or detained to be brought by writ Of
habeas corpus before the circuit or district Judge of
district. ahell he hntv Of tie