Worcester daily spy., 1860-10-08


slave into custody, one dollar for each adver
tlsement made as aforesaid, and ten cents per
day for each day the said slave has remained
in his custody and also the costs of the news
paper for the advertisement of such slave.
See. II. If, alter delivering up such slave to
such claimant, any other person should ap.
pear and demand the said slave as his right
and property the said sheriff shall assign and
deliver the said bond to such person. who may
thereon institute suit i'll his own name, and
recover the value Of said slave, and all dam
ages, from the makers of such bond but the
said sheriff shall be thereby fully acquitted of
all liability on account OF the said slave Pro-
vided, Nothing herein shall be construed to pre-.
vent the true owner from proceeding against
the person in possession of such slave, for the
specific recovery of such slave, or for any 9TH
er redress against such person as he may be
legally entitled to.
See. Is. In case such slave shall be sold, as
provided in section II, then il shall be the duty
of the said sheriff, after first deducting the
costs and charges aforesaid, and the further
costs OF tve per cent. upon the proceeds of
such sale as his commission thereon, to pay
over the surplus of such proceeds to the terri
toral treasurer, taking receipt therefor and
filing with such treasurer a statement OF all
costs and charges retained by him as afore-
said and the said treasurer shall duly charge
himself with and account for such proceeds as
for other public funds.
Sec, 10. Any owner of slave who shall
suffer such slave to hire his own time, or 20 at
large and employ himself as free man, for
more than twenty. four hours for any one time
shall, upon the conviction thereof before any
justice Of the peace be fined in sum not eX-
ceeding one hundred dollars, to inure to the
county treasury
II, ol,,n
self disordery in a public place or shall give
inSolent language or signs TO any free white
person, may be arrested and taken by such
person before justice of the peace, VINO, up
on trial and conviction in summary manner,
shall cause his constable to give such slave
any number of stripes upon his bare back not
exceeding thirty y-nine.
Sec q. When any slave shall be convicted
of any crime or misdemeanor, for which the
penalty assigned by law is in all or in part of
a sum of money, the court passing sentence
upon him may, in its discretion substitute for
such fine, corporal punishment by branding or
with stripes.
Sec. % No slave, free negro, or mulatto,
shall be permitted to give evidence in any
court against a tree white person, but against
each other they shall be competent witnesses.
Sec. 70. The emancipation OF slaves within
this territory is totally prohibited.
Sec. 26. No slave shall be permitted to go
from the premises OF his owner or master at
ter sunset or before sunrise without a written
pass specifying the particular place or places
to which said slave is permitted to go; and
any white person is authorized to take any
slave who, upon demand, shall not exhibit
such pass, before any justice of the peace, who,
upon summary investigation, shall cause such
slave to be whipped with not more than thirty
nine stripes upon his bare back, and to be com
mi ted to Jail or custody of Il proper officer to
be released the next day, on the demand and
payment of costs by the owner or master.
Sec Y. Any person claiming to be entitled
to the possession of any slave which is with
held from him, may either institute his action
for replevln therefor, as for other property, or
upon his sworn petition, directed to the dis
trict Judge OF the district wherein such slave
may be, shall be entitled to the writ of hdbedS
corpus directed to the person having such slave
in his possession, upon which, such proceed.
lngs shall be had as are now had upon such
process when instituted for other persons; and
if the Judge upon hearing such, shall see fit,
he may require the party to whom he adjudg.
es the possession OF the slave to enter into
such bond, to such amount, and with such Sc
curty as he Shall approve, payable to the adj
verse party, conditioned for the safe
delivery of said slave to abide the
Judgment or decree of any court of competent
jurisdiction which may be rendered in any
suit to be instituted within six months from
the date of such bond, which bond, upon
breach thereof, NAV be prosecuted to Judgment
against The makers OF the same, or any of
them, by the payee thereof, his executors, or
administrators, or assigns and any court Of
chancery shall entertain Il bill for the specific
recovery of any slave without allegation or
proof OF peculiar value or Pretium qfectioniS.
See 20 When a word in this act is used in
the masculine form it shall include the femi-
nine where used in tile singular it shall in
clude the plural, and Uice UerSa and the word
''master" shall be taken to include any person
who, whether as owner, balee, or otherwise,
has or is entitled to have the immediate pos
session Or control of the slave.
1t is not easy to understand how a republi-
can could bring himself to vote against annul-
ing those villanous slave codes, which are bad
enough to shame the dark ages Mr. Thayer's
vote on this bill is the worst thing in his con.
gressional record. 1t is a vote for which this
ninth congressional district should not have
been made responsible, for it is against the
sentiment of the district and contrary to repub-
lican principles. No other republican voted
in that way, nor was there any other man on
the republican side of the house who could
have been induced to vote in that way The
other republicans would just as soon have
voted to glorify the fugitive slave bill or
endorse all the acts Of James Buchanan. The
voting against Mr.. Bingham's bill has been
denounced by John Sherman, f. P Blair, Jr.,
and others, in their stump speeches, during the
present canvass. In speech which he deliv-
cred at Columbus, Ohio. F. P. Blair, Jr.,
spoke of it as follows -
at was by the vo,e of your representative
Is. S. Cox that the bill providing for the abo-
lition of white slavery in New Mexico was
defeated. When the attempt vas made to re-
peal the white slavery in New Mexico on the
motion of Mr.. Bingham of your own state
your representative and every other Ohio
doughiace voted against it. NOISY demon
stratons in response) These men should
have the stripes intended for the slaves, and
Mr.. Cox should have a double dose OF them"
Mr.. Thayer's vote on this question was not
given inconsiderately. He attempts to justify
it; he tells US, with no little yehemence, that
he would do the same thing again.
Slavery in New Mexico.
L. Ill l.. a..