The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-06-05
Fugitive slave Bill.

In the Senate on Monday last, Mr. WEBSTER in
troduced the bill which will be found below. Mr..
Webster on introducing it, said:
MIR. President, at an early period of the session
turned my attention TO the subject of preparing a
bill respecting the retaining of fugitive slaves or
of preparing certain amendments to the existing
law on that subject. In pursuance of this purpose,
conferred with some of the most eminent MEM
beers OF the profession, and especially with 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 consulta
tons and conferences. early as in February
prepared bill amendatory Of the act Of 1893, in
tending when proper time came to lay IT before
the Senate for its consideration. | now wish to
present the bill To the Senate unatered and precise
ly as it was when prepared in February last.
Mr.. DAYTON. hope that the paper will be
printed
The bill was then laid ON the table and ordered TO
be printed, as follows
BILL amendatory of can act respecting fugi-
tives from justice and persons escaping from the
service of their masters" approved February ~,
1893.
Be enacted by the Senate and House of Represent
atioes Of the United States Of america tn 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 established, or by the Territorial
courts of the United States, all Of which courts are
authorized and required to appoint one more
commissioners in each county to take acknowledge
ments of bail and afidavits and also to take depo
stions of witnesses in civil causes, and who shall
each, or any Judge of the United States, com
plant being made OH oath to him that fugitive
from labor is believed TO be within the State
Territory in which he lives, issue his warrant to
the marshal of the United States, 10 any other
person who shall be willing TO serve it, authoriz
ing an arrest of the fugitive, if within the State
or Territory, to be brought before him or some
other commissioner or judge of the United
States court within the State Territory,
that the right OF the person claiming the SER
vices of such fugitive may be examined And on
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 commissioner or judge shall
find the claim to the services of the fugitive,
serted, sustained by the evidence, he shall make
out certificate of the material facts proved, and
of his judgment thereon, which he shall sign, and
which shall be conclusive of the right of the claim
ant or his agent to take the fugitive back TO the
State from whence he fled. Provided, that if the
fugitive shall deny that he owes service TO the claim
ant under the laws of the State where he held,
ties 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 sworn to try the cause
according to evidence, and the commissioner or
judge shall preside at the trial and determine the
competency of the proof
Sec. 2. Ind be IL further enacted That the COM
missioner shall receive ten dollars in each case
tried by him, aforesaid, the jurors fifty cents
each, and the marshal other person serving the
warrant on each fugitive, and for mileage and other
services the same allowed to the marshal for
similar services to be examined and allowed by the
commissioner or judge, and paid by the claimant