The national era. [volume] (Washington [D.C.]) 1847-1860, 1852-07-22
DOCUMENT FOR THE CAMPAIGN.
FUGITIVE SLAVE LAW

persons escaping from the service Of ,h.,r ,..,
approved February twelfth, one thousand So
hundred and ninety-three.
BE ii enacted By the Senate and House of r.,
reSentatires Of the United States of .9uer;co (,
Congress assembled, That the persons who haya
been or may hereafter be appointed commits
sioners in virtue of any act of Congress. bv tba
circuit courts of the United States. and who IN
consequence Of such appointment, are autbor
lied 10 exercise the powers that any Justice Of
the peace, or other magistrate Of any Of the
United States, may exercise in respect TO offend
erS for any crime or offence against the Uni,ed
States, by arreSting, imprsoning, or bailing
the same, under and by virtue Of the thirtv
third section of the act of the twenty fourth If
! September, seventeen hundred and eighty-nine
entitled An act to establish the judicial courts
Of the United States" shall be, and are hereby
authorized and required TO exercise and dis
charge all the powers and duties conferred BY
| this act.
SEC. 2. find be II further enacted, That the
superior court Of each organized Territory OF
the United States shall have the same power 10
appoint commissioners TO take acknowledg
ments of bail and affdavts, and to take deposi
tons of Witnesses in civil causes, which is now
possessed by the circuit court of the United
States and all commissioners who shall here
after be appointed for such purposes by the su
perior court of any organized Territory of the
United States, shall possess all the powers, and
exercise all the duties, conferred by law upon
commissioners appointed by the United States
for similar purposes, and shall moreover exer
else and discharge all the powers and duties
conferred by this act.
SEC. 3. find be ii further enacted, That the
circuit courts of the United States and the SUI
perior courts of each organized Territory of the
United States, shall from time TO time enlarge
| the number of commissioners, with a view 10
| afford reasonable facilities to reclaim fugitives
from labor, and TO the prompt discharge of the
duties imposed by this act
Sec. a. ind be 1t further enacted, That the
commissioners above named shall have concur
rent jurisdiction with the judges Of the circuit
and district courts OF the United States in their
respective circuits apd districts within the sew
era States, and the judges of the superior courts
Of the Territories, severaly and collectively. in
term-tme and vacation; andsha grant certf-
Gates TO such claimants, upon satisfactory proof
being made, with authority TO take and remove
such fugitives from service or labor, under the
restrictions herein contained, TO the State or
Territory from which such persons may have
escaped or fled.
Sec. 5. find be 1t 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
| when to them directed and should any mar
| shall or deputy marshal refuse TO receive such
warrant or other process when rendered, or TO
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 claim
ant, by the circuit or district court for the dis
trict of such marshal; and after arrest of such
fugitive by such marshal or his deputy, or
whilst at any time In his custody under the pro-
visions under this act, should such fugitive es-
cape, whether with or without the assent OF
such marshal or his deputy, such marshal shall
be liable on his official bond to be prosecuted
for the benefit Of such claimant for the full val
ue Of the service or labor of said fugitive, in the
State, Territory, or 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
requirements of the Constitution of the United
States and Of this act, they are hereby author
lied and empowered, within their counties, re
spectivey, to appoint, IN writing, under their
hands, any one or more suitable persons, from
time TO time, TO execute all such warrants and
other process as may be issued by them In the
lawful performance of their respective duties
with authority to such commissioners, or the
persons to be appointed by them, to execute
process as aforesaid, to summon and call 10
their aid the bystanders, or posse c0nsitafhs Oh
the proper county, when necessary to insure
faithful observance of the clause of the Constr
tuition referred to, in conformity with the pro
visions of this act; and all good citizens are
hereby commanded TO aid and assist In the
prompt and efficient execution OF tins law,
whenever their services may be required, as
aforesaid, for that purpose and said warrants
shall run and be executed by said officers any
where in the State within which they are is
sued.
Sec. 6. ind 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, or their agent or attorney,
| duly authorized by power OF attorney, in
| writing, acknowledged and certified under the.
seal Of some legal officer or court OF the Stale
or Territory in which the same may be execu-
ted, may pursue and reclaim such fugitive per
son, either by procuring warrant from some
one OF the courts, judges, or commissioners
aforesaid, OF the proper circuit, district, coun
! ty, for the apprehension of such fugitive from
service or labor, or by seizing and arresting
such fugitive, where the same can be done
without process, and by taking, or causing
such person TO be taken, forthwith before such
court, Judge, or commissioner, whose duty 1t
shall be to hear and determine the case of such
claimant in summary manner; and upon sat
isfactory 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,
or other legal officer authorized to administer
an oath and take deposllions under the laws OF
the State or Territory from which such person
owing service or labor may have escaped, with
certificate OF such magis,racy or other author
lty as aforesaid, with the seal OF the proper
court or officer thereto attached, which seal
shall be sufficient to establish the competency
Of the proof, and with proof, also by affidavit,
Of the identity of the person whose service or
labor is claimed to be due as aforesaid, that the
person so arrested does 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 as aforesaid, and
that said person escaped, to make out and de
liver TO such claimant, his or her agent or al
torney, certificate setting forth the substantial
facts as TO the service or labor due from such
fugitive TO the claimant, and of his or her es-
cape from the State or Territory in which such
service or labor was due, to the State or Terri
tory in which he or she was arrested, with au-
thority to such claimant, or his or her agent or
attorney, to use such reasonable force and re-
straint as may be necessary, under the clrcum-
stances of The case 10 take and remove such flu