Southern shield., 1850-06-29
VOL. XI.
Fugitive Slave Bill.

In the Senate on the 4th inst, NIT. WEB sTER introduced the bill which will be found below. Mir. Webster on introducing li,sald;
 MT. President, at an early period ot the session turned my attention to the subject of preparing bill respecting the retaining of fugitive slaves, or of preparing cer'ain amendments to the existing law on that sub feet. In pursuance of this purpose, con- ferred with some of the most eminent mem- bers of the profession, and especially with a high judicial authority, who has had more to do with questions of this kind, presume, than any other judge in the United States. After these consultations and conferences, as early as in February l prepared bill amendatory of the act of l793, intending when a proper time came to lay 1t before the Senate for its consideration. l now wish 10 present the bill to the Senate unal- tered and precisely as it was when prepared in February last.
 MT. DAYTON. hope that the paper will be printed.
 The bill was then laid on the table and ordered 10 be printed, as follows:
 A BILL amendatory of "An act respecting
 fugtives from justice and persons escap-
 ing from the services of their masters,' ,
 approved February l2, l793.
 Be it enacted by the Senate and House ot Representatives of the United States of America in Congress assembled, That the provisions of the said act shall extend to the Territories of the United States; and that the commissioners who now are, or who may hereafter be appointed by the Circuit Courts of the United States, or the District Courts where circuit courts are not esta0- lshed, or by the Territorial courts of the United States, all of which courts are au- tho rzed and required to appoint one or more commissioners in each county to take acknowledgements of bail and afidavits, and also to take dispositions of witnesses in civil causes, and who shall each, or any judge of the United States, on complaint being made on oath to him that fugitive from labor is believed to be within the State or Territory in which he lives, issue his warrant to the marshal of the United States, or to any oth- CT person who shall be willing to serve it, authorizing an arrest of the fugitive, if with in the State or Territory, to be brought be-
 
 judge of the United State court within the State or Territory, that the right of the person claiming the services of such fugitive may be examined. And on the hearing, depositons duly authenticated, and parol proof, shall be heard to establish the iden- tity of the fugitive and the right of the claimant, and also 10 show that slavery IS established in the State from which the flu gitive absconded. And if on such hearing the commissioner or judge shall find the claim to the services of the fugitive, as as serted, sustained by the evidence, he shall make out certificate of the material facts proved, and of his judgement thereon, which he shall sign, and which shall be conclusive of the right of the claimant or his agent to take the fugitive back to the State from whence he fled. ProUided, that if the fu- gitive shall deny that he owes service to the claimant under the laws of the State where he was held, and after being duly cautioned as to the solemnities and consequences of an oath, shall swear to the same, the con- missioner or judge shall forthwith summon jury of twelve men to try the right of the claimant, who shall be sworn to try the cause according to evidence, and the con- missioner or judge shall preside at the trial and determine the competency of the proof.
 Sec. ? And De it further enacted, That the commissioner shall receive ten dollars in each case tried by him, as aforesaid, the jurors fifty cents each, and the marshal or other person serving the process shall re- ceive five dollars for serving the warrant on each fugitive, and for mileage and other ser vices, the same as are allowed to the mar shal for similar services to be examined and allowed by the commissioner or judge, and paid by the claimant.