The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-27

the 81 secuon. lna s the whole oil
IN II is plain as il can be, that the whole argument
by which my friend coniended that these magistrates no
have petty jurisdiction OF five six dollars Try
question, repeat, is wholly uniounded
Mr. BALDWIN. Mr. President, was under mis-.
apprehension as to the place IN which the word mass-
trate' inserted in the bill supposed that mags.
upon the commissioners My objections however, are
equally applicable 10 the bill itself and 10 the provisions
which II makes in regard to commissioners they would
be 10 magistrates and should the
objection 10 the wod ''magstrae" is as urgent as
supposed TO bethat the word should remain in the
bill because II seems 10 imply that there may be va
idy IN that provision OF the ac OF 1913 which speaks of
lhe power as having been conferred upon the magistrates
OF States well as on the Judges and courts CT the United
States really 90 not see any necessity ior the insertion
OF The word IN the bill
The question being then taken upon the motion TO
strike out the words "and magistrate" il cided in
the negaive--yeas a. nays 30-as follows
YEAS Messss Baldwin, Chase, Smith, and Win
NAYs-Mes'rs A'chlson, Badger, Beuien, Buler, oass
Dodge Of Iva, Downs, Fooe iIoason. Hantcr, Jones.
King, Mangun, M,,op Psarco, Rnsk, sebastian, shetds
ooule, Spfuauca, urgeon, Turney Underworld Wales,
Walker. AID Yules
So the ane sdmeni was rejected
Mr.. MASON. Mr.. President, the Senate having
stricken from the bill all hat potion Of proposes
to make an indemnity TO the claimant Of the fugitive in
the event OF his falling TO get him. Of his beins wres'ed
from nim by violence, propose now an amendment
winch shall devoive the liability upon he marshal or
deputy marshall should the fugitive, after being arrested,
escape, whether by violence otherwise. | will
read IT.:
A the end Of line 4, section 5, Insert
And shonld any marsal deputy marshal refuse TO
ceve such warrant or other when ndered 10
all proper means diligently tue suine, he
shall ON conviction thereof be fined IL the Of y 900,
The use oi such claimant on the motion d such caineut
by the crcult district court for the dsict OF such
shal
And after such fugitive by such marshal his
deputy, whilst at any time IN his custody, under the
VISIONS of this shouli such fugitive escape, whether
WIN or wlthout the assem- oi such afsha % DIS deputy
such marshal shall be liable, IN his official bond 70 be
prosecuted Tor toe beneh 81 such caiman Tor the ul vac
die labor 81 such fugitive, the State Terri
toy, or district rom whence he esca ed
Now, sir, this latter part devolves upon the marshal
the same liability incurred by the sheriff by the COR mon
law. II sheriff arrests by final process The body OF
debor and the debtor escapes, the sheriff Is responsible
for the debt II the fugitive ESCAPES from min, whether
il be by violence Otherwise The bill authorizes the
shal when he comes to make the arrest TO take with him
ne posse conatus. This bill devoves upon the sheriff
or his deputy to be responsible for the fugitive in his
tody, which IS nothing more than The Liability imposed
upon the sheriff
Mr. BERRIEN ask for division of that PROPOSE
ton, separating that part thai relates the arrest For
that can vote, and for the other cannot
Mr.; MASON. lney are susceptible OF division; There
is blank TO he filed 1t my intention to have il
filled with thousand dollars
The amendment being divided, and the question taken
upon the first branch, ii was adopted without division
The question being then stated upon the second
branch, and appearing 10 be lost upon division,
Mr.. MASON demanded the yeas and nays, which were
ordered
Mr. MASON. take it for granted all will agree
that is incumbent upon the officers OF the United
States TO that this law in fact executed There is
no mode of executing IT but by the officers of the United
States Now, sir, think DO not assume much when
say that it is the duty Of The United States when the IA
gtve is in custody of the United states 10 preserve that
custody at all risks and all hazards,
Mr.. SHIELDS. | presume there will be no objection
to the amendment.
Mr. MASON. There was objection and great obec.
ton, but have nothing more TO say.
The question being then taken the amendment II
was agreed to, as follows
YEAS-Messrs Atchson Badger Barnwell, Bell, Butler
AXE, Davis, ol Mississippi, Dodge oi l,Nva, Downs
Fooe, Houson Hunter, Jones, Maugurn, Mason P-arce
Rnss Sebastian, Shields, Souls, Turey and Yuiee-22
Dawson, Dayton Dodge OF Wisconsin,, Hamn. Sprua nee
Surgeon, Under~o d, Wales, and Winthrop Ia.
SO The second branch OF the amendment, adopted.
MIR. BADGER. Mr.. President desire, we have
two bills running togeherthe offered BY the
ator from Virginia. aAd the Offered by the senator
from Kenucky-that they should move pari Passu.
therefore move the two amendments which have just
been inserted in the bill Of the senator from Virginia TO
The substitute Of The senator from kentucky
Mr.. UNDERWOOD You cannot do that yet
The PRESIDENT. The senator from North Caro-
lima is not perhaps that, II the substitute OF the
iron, from Kentucky prevails, il will then be 10
his power TO offer the amendment
MIR. BADGER. | am aware of that, sir. But II may
have a very considerable effect my vote the two
whether tbe amendments inserted or not
The PRESIDENT Where does the senator propose
To insert these amendments
MIR BADGER | have not the bill with me Will
the senator IRON kentucky point out a suitable place
Mr. UNDERWOOD. Being opposed to the amend.
menis, really do not know any suitable place for them.
[ Laughter
Mr. Badger move 10 pot them in. | do not care
where they come lRenewed laughter Let them come
separate secton at the end OF the substitute offered
BY the senator fsom Kentucky
Mr.. DAWSON | wish lhe gentleman would amend
the proposed amendment, by making The United States
and not the marshal, liable
Mr.. BADGER cannot do il. as mine Is amend.
ment TO an amendment.
Mr.. DAWSON | am opposed 10 holding the marshal
Individually responsible Perhaps the guard posse
summoned TO his aid may be overwhelmed by superior
power and yet the amendment makes him liable in that
case, any other.
Mr.. BELL. In that case the government would relieve
him.
Mr.. DAWSON. II that be So have no objection.
Mr. DAYTON. Mr. President, merely rise 10 make
suggestion IN this eonnexlon This bill Is to take effect
tnSfath upon its passage Well the sureties OF the
marshal are liable ior him. They entered suretes
understanding the duties then devolvng on the marshal
think would be very extraordinary to pass law to in
volve The suetes IN further liability than they assumed
or proposed 10 assume when entering into bonds for the
uarshas Al any rate, il would be very unreasonable
10 me.
Mr.. BADGER Mr. President we have always un.
defstood, and our courts have always decided, and
everybody thought il was right and proper, that when
public officer enters into surety and bond Tor the dis
charge OF the duties of his oee he enters into the bond
for the discharge of all the duties pertaining 10 that office
during the term for which he appointed and would be
most extraordinary proposition that our hands should
be tied during his term Cannot the government impose
new duties upon the Office during the term When
man executes a bond, IT will become his duty. and II
will be implied that he will faithfully discharge all the
dulles devovlpg upon him during his term OF Office. II
ne does not ut, he resign but the surety cannot
resign whle the principal retains his position
wish 10 mention my friend from Georgia. that in
he LAM .gff tho nIrpep