The national era. [volume] (Washington [D.C.]) 1847-1860, 1852-10-21
THE FUGITIVE SLAVE LAW OF 1850

The FUGITIVE SLAVE LAW OF 1850.
An Act to amend and supplementary to the act entI
tied IAN act respecting fugitiVes from iu,tce and
persons escaping from the service Of their masters
| approved February twelfth, one thousand seven
| hundred and ninety.three.
Be u enac'sd by ne S-aa,s and HJUp Of Rspre-
senta'ires Of The Uaaea &oi,s Of 4ms,ca IN Congress
assembled, ThIt 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, aud who, in consequence Of such
appointment, are au' horized 10 exercise the pow
ers that any Justice o! the peace, or other magiS-
trate Of any Of the United States may exercise in
respect to offenders foe any crime or offence
against the United States by arresiing, imprisOn
| ing or bIDg, the same. under aud by virtue Of
the thirty third section of the Of the twenty
/ fourth OF September seventeen hundred and egh.
~ -nine, entitled An act TO establish the Judicial
courts of the United atesn shall be, aud are
hereby, authorized sui required TO exercise aud
discharge all the powers aud duties conferred bS
this act
SEC 2. Aad be further snoc,sd That the supe-
rior court of each organized Territory Of the Uni
ted States shall have the same power 10 appoint
commissioners 10 take Acknowledgements Of bail
and afidsvits, and to take depositions Of witness
ss in civil eau ses which is now possessed by the
|
lnissioners who shall hereafter be appointed for
such purposes by the superior court Of any organ
lied Territory of the Unitrd States, shall possess
| ali the powers, and exercise all the duties, con-
| ferre1 By lw upon commissioners appointed by
the United AIS for similar purposes, AMI shat
moreover exercise and discharge all the powers
! and duties conferred by This ac'.
SEC 3 INT BE- y FURTHER ,noc,ed That the cir
cult courts Of the United Stltcl an the superior
courts OF each organized Territory OF he United
| States, snail from time To time enlarge the num-
Der OF commissioners with view t. afford reason
able fsci'ies 10 reclaim 'ukitves from labor, and
TO the prompt discharge of the duties imposed by
| this act.
Sc ! And b. i ftdh.r eaacte1, That the COM
/ missi1ners b)ve named shall have concurrent u-
risicton with the judges OF ,he circIt aud dis
trict courts of the United States in Iheir respect
i've circuits aud districts within The several States,
aud the judges cf the superior courts of the Ter.
rtories, srverally and collectively, ia term-tne
and vacation An shall graut certiic9tes 80 such
claimants, upon satisfactory prof being made.
with authority ~ take AMI remove such fugitives
IRON service or labor unier The restrictions here.
in contained, 20 the Stt'e or Territory from which
such persons may have c ctped or fet.
SFC :. And b, a. IuTth-r sHAC,'d, That IL shall
| be the drty of ali marsh as AMI deputy mlrshsls
to obry aud execute MI warrants aui precepts il
sued under the provisions OF tina act when To
them directed and shnuld airy marshal or deputy
marshal refuse 10 receive suca warrant or other
process when ten tered or to use all proper ms
diligently TO execute the same, he ehall, on con-
vicion thereof be fnad in the sun Of one thou
sand dollars, 10 the use Of such cltimsr', the
motion Of such lqinsht, by the circuit Or district
court for the district of such marshll aud after
arrest of such fugitive by such marsh II or his
deputy, or whilst at any time in hI custody I'M
der the provisions under this ac', should such fu
gtive escape, whether with or without the assent
OF such marshal or his depd'y, such mIr'h Al shall
be liable on his official baud 10 be prosecuted fer
the benefit of such ollinant for the full value of
the service or labor OF said fugitive, in the State
Territory, or District, whence he escaped ami
the better to enable the said commissioners when
thus appointed TO execute their duties faithfully
add efficiently, in conformity with tho req Iire-
ments of the Constitution OF the u ntei States
and Of this act, they are hereby authorized and
empowered, within their counties, respectively, to
appoint, ia writing under their hands, any one
or more suitable persons, from time to time II
execute all such warrants and other process az
{ may be issued by them in the lawful performance
Of their respective duties with authority to such
commissioners, or the persons TO be appointed 10y
them, to xecute process rs aforesaid, TO summon
and call to their aid the ystanders posse com
uatu of the proper county, when necessary TO in
sure 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 COMMANDED TO aid and assist in the prompt
and efficient execution Of this law whenever their
services may b. reqnired, as aforesaid, for that
purpose; and said warrants shall run and be ex-
ecuted by said ohccrs any where in the State With
q in which they are issued
Z SEC. 6. Add be II further en7cted, That when
It person held 10 service or lbor in any State OF
e Territory of the Uuied States has heretofore oi
d shall hereafter escape into another State or Ter
e ritory of The United States, the person person
n TO whom such service or lihOr may be due, or his
o her or their egrut or attorney duly authorizes
q by power of attorney, In writing, ackn0wlCdg 4
u aud certified under the seal of some legal officer
( or court Of The Safe or Territory in which the
same may be executed my pur ne and recl,i
such fugitive person, either by procuring u war
rant from some one Of the courts, judges, or com
missioners aforesaid OF the proper circuit district
o. county, for the apprehension OF such fugitive
from service or labor OR Selling and arresting
such fugitive, where the can be done with
, out process, and by taking or causing such per-
to be taken, forthwith before such court judge
or commissioner whose duty IL shall be to hear
and determine the of such claimant In a sum.
mary manuer; and upon satisfactory proof being
made, by deposition ufH iivit, in writing 10 be
taken aud certified by such court, judge, or com
missioner, or by other satisfactory testimony, dolly
taken and certif d by some court magistrate, JUS
tice Of the peace other legal officer authoriz ID
TO administer an oath and take dispositions under
The laws Of the State or Territory from which
such person owing service or labor may have es-
capped, with a certificate Of such magistracy or
other authority, as aforesaid with the seu of the
proper court or officer thereto attached, which
seal shall be sufficient TO establish the competen-
cy Of the proof and with proof also by affidavit,
Of the identity OF the person whose service or Ia
Dor il claimed to be due Aforesaid that the per-
son no arrested docs in fact owe service or labor
TO the person or persons claiming him or her, in
the STATE or Territory from which such fugitive
may have escaped azores lid, and that said per-
son escaped, 10 make out and deliver TO such
claimant, his or her agent or attorney, q certif-
cate setting forth the substantial facts ss to the
| service or labor due from such fugitive TO the
| ella maDt and OF his or her escape from the State
| or Territory ia which such service or labor wa
due, to the State or Territory In which he or she
was arrested, with au hority to such claimant or
his or her agent or attorney, to use suoh reasona.
bic force aud restraint as may be necessary, un-
der the circumstances Of the case, to take and re-
move such fugitive person back to the State or
| Territory whence he or she may have escaped as
aforesaid, In no tral or hearing, under this act
shall the testimony Of such alleged fugitive be ad-
milted In evidence; and the certificates Ia this
and the first section mentioned shall be conclusive
Of the right OF the person or persons in whose IA
vor granted, 10 remove such fugitive to the State
or Territory from which he escaped, and shall
prevent all molestation Of such person or persons
by any process issued by any court, judge, magis-
| trate, or other person, whOmsoever
SIC 7. And BE- 1t Juiher enacted, That any per-
son who fhall knowingly and willingly obstruct,
hinder or prevent such claimant, his agent or at-
torney, or any person or persons lawfully assist.
Ing him, her, or them, from arrestiug such fugi-
tive from service or labor, either with or without
process aforesaid or shall rescue or attempt 10