The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-08-20

commissioners Ia each county 70 take acknowl-
sdgments Of bail and afidsvits, 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 fugi-
tive from labor 10 believed be within the State
Territory in which he lives, issue his warrant TO
the marshal OF the United States. or to any other
person who shall be willing to serve il, authorizing
an arrest of the fugitive, if within the State Ter
ritory, to be brought before him, or some other
commissioner, or Judge OF the United States court,
within the State or Territory that the right of the
person claiming the services OF such fugitive may
be examined. And the hearing, dispositions
duly authenticated, and parol proof shall be heard,
TO establish the identity of the fugitive and the
right of the claimant and also to show that slavery
is established in the State from which the fugitive
absconded And if on such hearing, the commits
sioner judge shall find the claim to the services
OF the fugitive as asserted, sustained by the evil
dence, he shall make out n certificate Of the mate
rial facts proved, and of his judgment thereon,
which he shall sign, and which shall be conclusive
OF the right OF the claimant his agent to take the
fugitive back to the State from whence he fled:
Preceded, That if the fugitive shall deny that he
owes service to the claimant under the laws of the
State where he was held, and after being duly
toned to solemnities and consequences of an
OATH shall swear to the same the commissioner or
judge shall forthwith summon jury OF twelve men
to try the right of the claimant who shall be
to try the cause according to evidence, and the
commissioner or judge shall preside ut the trial
and determine the competency of the proof
'SEc. 2. Ind be ii further enacted, That the com
missioner shall receive ten dollars in each case
tried by him as aforesaid, the jurors fifty cents
each, and the marshal, other person serving the
process, shall receive five dollars for serving the
warrant on each fugitive, and for mileage and
other services, the same are allowed to the mar
shal for similar services; to be examined and al
lowed by the commissioner or judge, and paid by
the claimant
Mr.. DAYTON urged the amendment as the
surest way of effecting the recovery Of the fugi-
tive.
Mr.. MASON replied, opposing the extension OF
the trial by jury to cases OF this kind
Mr.. BERRIEN opposed the amendment, and
asked that vote be taken at once, to ascertain
were the Of the Senate to extend the jury
trial to such cases. He asked the yeas and maya
on the amendment, and they ordered.
Mr.. WINTHROP supported the amendment OF
the Senator from New Jersey. He believed that
there would be more fugitives rendered by the ver
dict of juries than would be by the bill prepared
by the Senator from Virginia.
Messrs. WALKER and BUTLER continued the
discussion.
Mr.. UNDERWOOD opposed the amendment OF
the Senator from New Jersey.
MIR. CHASE supported it,
And the question being taken, it rejected
yeas | |, nays 81, "a follows:
YEAS.-Messrs. Chase, Davis of Massachusetts,
Dayton, Dodge of Wisconsin, Greene, Hamlin
Phelps, Smith, Upham, Walker, and Winthrop
IL.
NAYS-Messrs Atchison, Badger, Barnwel
Bell, Benton, Berrien, Butler, Cass Davis of Mis-
ton, Jones' King, Mangum, Mason, Morton
Pratt, Rusk, Sebastian, Soue, Sturgeon. Tur-
ney, Underwood, Wales, and Yulee-27.
| Mr. CHASE proposed amendment the effec
| of which was under certain circumstances to re-
| quirc trial by jury, and this was rejected
Mr. WINTHROP submitted amendment t
the third section to the effect that the award of tn,
commissioners shall not stay or hinder writ of ha
beas corpus, sc.
! And this amendment, after debate by Messrs
| WISTHRoP, DAYTON, MASON, and BKRRIKN, was re
! jected-yeas III, nays 26, as follows:
| YEAS.-Nessrs. Chase, Davis of Massachusetts
Dayton, Dodge of Wisconsin, Greene, Phelps
Smith, Upham, Wales, Walker, and Winthrop
! IL.
NAYS.-Messrs Atchison Badger, Barnwell
Bell Benton, Berrien, Butler, Cass, Davis Of Missis
sipp, Dawson, Dodge of Iowa, Downs, Houston
King, Mangum, Mason, Morton, Pratt, Rusk, Sc
bastian, Shields Soule, Sturgeon, Turney, Under
wood, and Yllee-26.
The bill was then postponed till tomorrow.
THE CENSUS.
Mr. UNDERWOOD moved and the Senate pro
ceeded to consider the bill supplemental to the ac
providing for taking the seventh census, which haC
! been returned from the House with three amend
ments. He moved, ard the Senate disagreed Il
! the amendments made by the House.
And then, on motion, the Senate Adjourned.