The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-08-26
INC Euui,ive slav. biII.

reading in the Senate:
II Bill to proeide for he more etectual erecu-
ton Of the third clause Of the second section
Of the fourth article Of tie Constitution of
the United States.
SECTION. l. BE ii enacted Jy The Senate and House
of Representatives. Of The United States of liner ca ia
Congress assembled That the persons who have been
or who may hereafter be appointed commissioners.
in virtue of any act of Congress by the circuit
courts of the United States and who, in conse-
quence OF such appointment, authorized TO ex-
crcise the powers that any justice Of the peace, or
other magistrate of any of the United States, may
exercise IN respect to offenders for any crime or
offence against the United States by arrestng, I'M
prisoning, or bang the same under and by virtue
of the thirty third section of the act OF the twenty
fourth OF September, seventeen hundred and
eighty nine, entitled Gan act to establish the ju-
dcial courts Of the United States,' shall be, and
are hereby authorized and required to exercise and
discharge all the powers and duties conferred by
this act
SEC 2 Ind be IT, further enacted, That the supe-
ror court of each organized Territory OF the Uni
ted States shall have the same power to appoint
commissioners 10 take Acknowledgements OF bail
and affidavit and TO take dispositions Of witnesses
in civil causes which Is now possessed by the cir
cult courts of the United States; and all commits
soncrs 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 appointed by the CIR
cut courts O the United States Tor similar purposes,
and shall moreover exercise and discharge all the
powers and duties conferred by this act
SEC. g. dnd be uJWtter enacted, That the circuit
courts OF the United States and the superior courts
of each organized Territory Of the United States,
shall from time TO time enlarge the number OF
commissioners, with view TO afford reasonable Ia
cities TO reclaim fugitves from labor, and TO the
prompt discharge of the duties imposed by this
act.
SEC. 4. Ind be it further enacted, That the COM
missioners above named shall have concurrent
jurisdiction with the judges of the circuit and
district courts Of the United States in their
respective circuits and districts within the sew
cral States, and upon the Judges OF the superior
courts Of the Territories, severally and collect
lively, in tcrnl-tme and vacation; and shall grant
certificates to such claimants, upon satisfactory
proof being made, with authority TO take and re-
move such iugitives from service or labor, under
the restrictions herein contained, to the State or
Territory from which such persons may have es-
capped or fled
SEC g. 41nd be IL further cnacted, That it shall
be the duty OF all marshas and deputy marshals to
obey and execute all warrants and precepts issued
under the provisions of this act when TO them direct
ed; and after arrest of such fugitive by such mar
shsl or his deputy, whilst at any time In his Gus
tody under the provisions OF this act, should such
fugitive escape whether with or without the assent
of such marshal or his deputy, such marshal shall
be liable in his official bond TO be prosecuted for
the benefit of such claimant for the full value o. the
service labor of such fugitive, In the State, ter
ritory or district from whence he escaped;
and should any marshal or deputy marshal re-
fuse 10 receive such warrant other process, when
rendered, to use all proper means diligently to
execute the same, he shall, on conviction thereof,
be fined in the sum OF 3 ,OO0, TO the use OF such
claimant on the motion OF such claimant by the cir
cult district court Tor the district oil such arshn
and the better bic the said commission when
thus appointed, TO execute their duties faithfully
and efficiently, in conformity with the require
lnens 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 to time, to exc
cute all such warrants and other process may be
issued by them in the lawful performance OF their
respective duties; with authority to such coinmis-
sioners the persons 20 be appointed by them, to
execute process Aforesaid, to summon and call
to their aid the bystanders, or posse comitdtus OF
the proper county, when necessary to ensure a
faithful Observance of the clause of the Constitution
referred to, in conformity with the provisions OF
this act; and all good citizens hereby COM
nlanded to and and assist in the prompt and etii-
cient execution of this law, whenever their SER
vices may be required, as Aforesaid tor that pur-
pose: and said warrants shall run, and be execu-
led by said officers any where in the State within
which they are issned.
SEC. o. lind be IL further enacted, That when
person held TO service or labor in any State or
Territory Of the United States, has heretofore or
shall hereafter escape into another State or
Territory of the United States, the person or
persons to whom such service or labor may be
due or his her, their agent or attorney, duly au
thorized by power of attorney, in writing, acknow-
lodged and certified under the seal of some legal
officer court Of the State or Territory in which
the same may be executed, may pursue and re-
claim such fugitive perSon, either by procuring
warrant from some of the courts, Judges, com
missioners aforesaid of the proper circuit, district
orcounty for the apprehension of such might've from
service or labor, or by selling and arrcsting such
fugitive, where the same can be done without pro-
ccss, and by taking, or causing such person To be
taken forth with before such court, Judge, or com
missioner whose duty il shall be 10 hear and deter
mr. he Of arh claimant in n
manner; and upon satisfactory proof being made,
by deposition or affidavit in writing, TO be taken
and certified by such court Judge, or commissioner,
or by other satisfactory testimony, duly taken and
certified by some court, magistrate, justice OF the
peace, other legal officer authorized 10 admins
ter an oath and take dispositions under the laws Of
the State or territory from which such person owing
service or labor may have escaped, with ceruh
cate Of such magstracy other authority afore-
said, with the seal Of the proper court officer
thereto attached which seal shall be sufcicntto
blish the competency Of the proof, and with proof
also by affidavit, OF the identity Of the person whose
service or laboris claimed to be due Aforesaid that
the person soarrestcd does in fact service la
Dor 20 the person or persons claiming him or her, in
the State Territory from which such fugitive may
have escaped aforesaid and that said person cs-
capped, TO make out and deliver TO such claim
ant, his or her agent or attorney, a certificate
setting forth the substantial fscts TO the service
or labor due from such fugitive TO the claimant,
and of bis her escape from the State Territory
in which such service or labor due, to the State
or Territory in which he she arrested, with
authority 10 such claimant, his or her agent or
attorney, TO use such reasonable force and restraint
as may be necessary, under the circumstances of
the case, 20 take and remove such fugitive person
back 10 the State or Territory from whence he or
she may have escaped ne aforesaid. In no trial or
hearing, under this act, shall the testimony of such
alleged fugitive be admitted in evidence; and the
certificates ia this, aud the fret section mentioned,
shall be conclusive Of the right OF the person per
in whose favor granted, to remove such fugi-
tive 10 the State Territory from which he ped
and shall prevent all molestation Of said person
pcrsons by any process issued by any court, judge,
magistrate, or other pcrsOn, whOmsOcycr.
SEC. Z. Ind be Il further enacted That any
pcrson who shall knowingly and willingly OBJ
struct, hinder, or prevent such claimant his
agent or attorney, or any person or persons law
fully assisting him, her, or them, from ar.
resting such fugitive from service or labor,
either with or without process Aforesaid; shall
rescue attempt 30 rescue such fugitive from
vice or labor from the custody Of such claimant,
his or her agent or attorney, or other person or
persons lawfully assisting ne aforesaid, when
rested, pursuant to the authority herein given and
declared; shall aid abct, assist such person so
owing service or labor aforesaid, directly or in