The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-08-20
THlRTY-FIRST CONGRESS.
FIRST SESSION.
MONDAY, August 10, 1850.
S E n ATE


Petitions were presented by Messrs. RusK, DAVIS
of Massachusetts,, DAVIS of Mississippi, DAYTON,
SouLE, STURGEON, DAWSON, and BELL.
THE TARIFF.
Mr.. DAVIS of Massachusetts, presented several
1916.
THE NASHVILLE CONVENTION.
Mr.. CLEMENS presented the proceedings and
resolutions adopted at several public meetings in
Alabama, sustaining the action of the Nashville
Convention. Laid on the table.
THEODORE ELIOT.
MIR. SEBASTIAN from the Committee on Indian
Affairs. reported bill for the relief of Theodore t.
Eliot, which, after explanation, was ordered TO be
engrossed for third reading.
COLLECTIONS DISTRICTS IL CALIFORNIA.
Mr.. SOULE, from the Committee on Commerce,
to whom had been referred various petitions pray
ing that Stockton Benicia and other places in Cal
ifornia be made ports of entry, &c, reported a
bill to create collection districts in California.
coMaoDoRE LEWIS wARRISorox
Mr.. BADGER called up the bill for the relief of
Commodore Lewis Warrington and others officers
and men Of the United States sloop Of war Peacock
and the bill was ordered to be engrossed for third
reading. Subsequently it was read third time,
and passed.
FUGITIVE SLAVES.
Mr.. MASON called up the special order, being
the bill to provide for the more ef1ectual execution
OF the third clause Of the second section Of the fourth
article OF the Constitution Of the United States.
MIR. MASON said that he desired TO submit a sub
stitutc for the bill.
The CHAIR stated the question was on the
amendments reported by the Committee on the Ju-
dietary.
Mr.. MASON said that the substitute he desired
TO propose embodied the amendments reported by
the Judiciary Committee, and also Of the
amendments reported by the Committee Of Thir.
teen.
The question then put on the amendme ats
reported by the Committee on the Judiciary, and
they rejected.
Mr.. MASON then submitted the following as a
substitute for the bill:
Strike out all after tho enacting clause, and in
sert:
That for the purpose Of enabling the citizens Of
one State or Territory Of the District Of Column
bia, to reclaim iugityes from service or labor who
have already, or may hereafter escape into some
other State or Territory OF the United States, as
provided for by the third clause Of the second
lion Of the fourth article Of the Constitution Of the
United States, il is hereby made the duty Of the
Judges Of the several district courts Of the United
States, and Of the judges Of the superior courts Of
the organized Territories, az coon a may be
venent after the passage Of this act TO appoint in
the exercise OF sound discretion, from among the
several persons who may for time being hold
office under the Government Of the United States,
any number Of commissioners, not exceeding three
IN each county, within their respective districts
and Territories Of the United States and 10 cause
such appointments to be made out and certified
under their hands and seals Of their respective
courts, authorizing and requiring such commits
sioners TO administer all necessary oaths TO exam
inc witnesses, and TO hear and determine all cases
arising under the said clause Of the Constitution
and the provisions Of this act, concurrent with the
jurisdiction hereby conferred upon the judges of
the circuit and district courts Of the United States
IN their respective circuits and districts within the
several States and upon the judges of the superior
courts Of the Territories, severally and collect
lively in term-tme and vacation; and 20 grant
certificates 10 such claimants, upon satisfactory
proof being made, with authority 10 take and re-
move such fugitives from service or labor, under
the restrictions herein contained, to tho State or
Territory from which such person may have es-
capped or fled.
$50. 2. lind be ii further enacted, That il shall
be the duty Of all marshals and deputy marshals
TO obey and execute all warrants and precepts
Issued under the provisions of this act within their
respective districts, when to them directed; aud
the better to enable the said commissioners, when
thus appointed, 20 execute their duties faithfully
and efficiently, in conformity with the require
nents Of the Constitution Of the United States, and
of this act, they hereby authorized and EN-
powered, within their counties respectively, TO APP
point, in writing under their hands, any one or
more suitable persons from time 10 time, To exc
cute all such warrants aud other process az may be
issued by them in the lawful performance OF their
respective duties; with authority 10 such commits
sioners, or the persons to be appointed by them TO
execute process as aforesaid, 70 summon and call
20 their aid the bystanders or posse coDliatus OF
the proper county, when necessary to ensure n
faithful Observance Of the clause Of the Constitution
referred to, in conformity with the provisions Of
this act and all good citizens are hereby com
manded TO AID and assist in the prompt and eff
cicnt execution of this law, whenever their
vices may be required, aforesaid, for that pur-
pose.
'SEc. 3. That when person held TO service or
labor in any State Territory Of the United States
under the laws of such State or Territory, has here
toforc or shall hereafter escape into another State
or Territory Of the United States, the person or
persons 10 whom such service or labor may be due,
or HE, her, their agent or attorney, duly au-
tborzed by power Of attorney, in writing, acknow :
Il a IL
officer or court of the State Territory in which
the same may be executed, may pursue and re-
claim such fugitive person, either by procuring
warrant from oneof the courts, Judges or com
rssoncrs Aforesaid Of the proper circuit, district
or county for tine prehension fugitive from
service or labor. or by selling and srresnng such
fugitive, where lhe same can be done without pro-