The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-09-19
BY AUTHORITY Y.
Public Acts
Passed during the first session Of the 1hirty.frst
Congress.


Passed during the first session Of the 1hnty-frst
Congress.
[PUBLIo-No. 81.
AN ACT TO amend and supplementary to the act
entitled IAN act respecting iugltves from JUS
tice and persons escaping rom the service oil
their masters" approved February twelfth, one
thousand seven hundred and ninety three.
BE il enacted by The Senate and House Of Rep
rfsfnfdtiues Of the United States Of Ameriea in Con.
gress assembled, That the persons who have been
or may hereafter be appointed commissioners,
in virtue of any act of Congress- by the circuit
courts Of the United States, and who, in conse-
quencc of such appointment, are authorized to ex-
ercise 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 arrcstIng I'M
prisoning, or baing 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 10 establish the Ju-
dicial courts Of the United States" shall be, and
are hereby authorized and required to exercise and
discharge all the powers and duties conferred Dy
this act
ssEo ,. Ind be Il further enacted, That the supe
rior court of each organized Territory OF the Uni
ted States shall have the same power 10 appoint
commissioners TO take acknow Judgments OF bail
and afildavs, and 10 take dcpostious OF witnesses
in civil causes, which is possessed by the cir
cult court of the United States; and all commits.
sioners who shall hereafter be appointed Tor such
purposes by the superior court oil 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
United States for similar purposes, and shall more,
over exercise and discharge all the powers and
duties conferred by this act.
SEC 3. Aad be IL further 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
ctes to reclaim fugitives from labor and TO the
prompt discharge OF the duties imposed by THIS
act.
Sec. 4. Aad be it further enacted, That the com,
mssioners 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
eral States, and the judges Of the superior
courts of the Territories, severalIy and collect
ivev in term time and vacation; and shall grant
certificates to such claimants, upon satisfactory
proof being made, with authority to take and re-
move such fugtives from service or labor, under
the restrictions herein contained, to the State or
Territory from which such persons may have es-
capped or fed.
SEC 5. Ind be IL further enacted That it shall
be the duty Of all marshals and deputy marahals 10
obey and execute all warrants and precepts issued
under the provisions OF this act when 10 them direct
ed ; and should any marshal or deputy marshal
refuse receive such warrant other process when
rendered, or 10 use all proper means diligently to
execute the same, he shall, on conviction thereof,
be fined in the sum of one thousand dollars, to the
use of such claimant on the motion OF such claimant
by the circuit district court for the district OF such
matshal and after arrest OF such fugitive by such
marshal his deputy whilst at any time in his Gus
ugtve escape, whether with or without the assent
of such marshal or his deputy, such marshal shall
be liable on his official bond to be prosecuted Tor
the benefit of such claimant for the full value OF
the service labor of said fugitive, in the State,
territory, district whence he escaped; and the
better TO enable the said commissioners, when
thus appointed, to execute their duties faithfully
and efficiently, in conformity with the require
mcns of the Constitution Of the United States, and
of this act, they are hereby authorized and en-
powered within their counties respectively, TO ap
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 as may be
issued By them in the lawful performance OF their
respective duties; with authority to such commits
sioners, the persons 10 be appointed by them to
execute process as aforesaid to summon and call
to their aid the bystandcrs, or posse comitafus 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 are hereby COM
nanded to aid and assist in the prompt and etti-
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-
ted by said officers anywhere in the State within
which they issued.
SEC 6. -And be IL further enacted, That when a
person held 20 service 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 labor may be
due or his, her their agent attorney, duly au-
thorized by power of attorney, in writing, acknow
lodged and certified under the seal II some legal
the same may be executed may pursue and re-
claim such fugitive person, either by procuring
warrant from some one Of the courts judges or com
mss!Oners Aforesaid, OF the proper circuit district,
Orcouuty for the apprehension OF such fugitive from
service or labor, by seizing and arrestiug such
fugitive, where the same can be done without pro-
cess, and by taking, causing such person 10 be
taken forthwith before such court, judge, or com
missioner whose duty il shall be 20 hear and deter
mine tie case of such claimant in a summary
manner; and upon satisfactory proof being made,
ltFI or a n writ Ia E.s ia hon
and certified by such court, Judge, commissioner,
by other Satisfactory testimony, duly taken and
certified by sOme court, magistrate, justice Of the
peace, Or other legal officer authorized 70 admins
ter oath and take dispositions under the laws Of
the State territory from which such person owing
service or labor may have escaped, with a certh-
cate 81 such maglstracy other authority, aiOrc
raid, with the seal Of the proper court officer
thereto attached which seal shall be sucientto esta-
blish the competency Of the proof, and with proof
alec by affidavit Of the identity u the person whose
service labor claimed BE- due as aforcsaid that
the person soarrested does in fact service or la
Dor TO the person or persons claiming him her in
the State or Territory from which such fugitive may
have escaped aforesaid, and that said person e.
capped, 70 make out and deliver h. such claim
ant, his Or her agent or attorney, a certificate
Eetting forth the substantial facts the service
labor due from such fugitive 20 the claimant,
and of his or her escape from the State Territory
IN which such service or labor was due, 10 the State
or Territory Ia which be or she arrested, with
authority to such claimant or his or her agent or
attorney, - such reasonable force and rcsrnnt
az may &c necessary, under the circumstances Of
the case, To take and remove such fugitive person
back ~ the State Territory whence he or she
may have escaped Aforesaid. In Trial or hear
ing, under this act, shall the testimony Of such
alleged furitive be admitted in evidence; and the
certificates in this and the first section mentioned
shall be conclusive Of the right Of the person per-
in whose favor granted, 10 remove such fugi-
tive 20 the State or Territory from which he escaped
and fhail prevent all molestation Of such person or
persons, by any process issued by any court, judge,
magistrate, or other person, wbOnsOevcr.
SEC. I. And be Il further enacted, That any
person who shall knowingly and willingly OBJ
struct hinder, or prevent such claimant his
agent or attorney, or any person persons law
fully assisting him, her, them, from ar
resting such a fugitive from service labor,
either with or without process aforesaid shall
rescue or attempt 10 rescue such fugitive from
vice OF labor, from the custody Of such claimant
his or her agent or attorney OF other person or
persons lawfully assisting az aforesaid, when