Fugitive Slaves Part 25

Dayton brought in an amendment which gave trial by jury. This was rejected.--_Senate Journal_, 564; _Globe App._, 564.

Chase offered one of the same character, which was also rejected.--_Globe App._, 1589.

Winthrop brought in an amendment granting the protection of the habeas corpus. This was rejected.--_Senate Journal_, 565; _Globe App._, 1589.

=Aug. 20.= Mason's subst.i.tute was agreed to.--_Senate Journal_, 568; _Globe_, 1616; _Globe App._, 1591.

An amendment to Mason's subst.i.tute was offered by Mr. Pratt. This gave the owner the right of suit against the United States for the value of the slave if not delivered. This was afterward amended by Mason and Pratt, and rejected, August 23.--_Senate Journal_, 570-573; _Globe_, 1636; _Globe App._, 1609.

=Aug 22.= Underwood offered an amendment as a subst.i.tute, and Davis presented an amendment to Mason's bill striking out the clause providing compensation for escaped slaves. This was rejected.--_Senate Journal_, 573, 580; _Globe_, 1636; _Globe App._, 1609, 1619.

= Aug. 23.= Amendments were offered to Underwood's amendment by Chase and Badger. Both were rejected.--_Senate Journal_, 575-580; _Globe App._, 1619, 1623, 1625.

Another slight amendment by Chase was also rejected.--_Globe App._, 1624.

Mason amended his bill by making the Marshal liable for the value of a slave who has escaped from his custody.--_Senate Journal_, 576; _Globe App._, 1625.

An attempt to amend the bill by striking out the compensation for escaped slaves, and other slight changes, was made by Davis, and the amendment was accepted.--_Senate Journal_, 580; _Globe App._, 1630.

Bill as amended was then ordered to be engrossed for the third reading.--_Senate Journal_, 581; _Globe_, 1647; _Globe App._, 1630.

=Aug. 26.= After changing the t.i.tle to make it an act supplementary to that of 1793, the bill was pa.s.sed, and sent to the House.--_Senate Journal_, 583; _Globe_, 1660.

=Sept. 12.= In the House it was read a first and second time by t.i.tle.

Thompson of Pennsylvania moved to put it on its pa.s.sage, and moved the previous question, which he refused to withdraw, and which was carried.--_House Journal_, 1289, 1448.

Stevens moved to lay it on the table, but the motion was lost, and the bill was ordered to a third reading.--_House Journal_, 1449.

The bill was pa.s.sed, 109 to 75.--_House Journal_, 1451-1453; _Globe_, 1807.

It was returned to the Senate.--_Senate Journal_, 627; _Globe_, 1810.

=Sept 14.= The bill was signed by the presiding officer of the Senate.--_Senate Journal_, 629; _Globe_, 1815.

Bill signed by the Speaker of the House.--_House Journal, 1457; Globe, 1812._

=Sept. 16.= Bill sent to the President, and signed by him Sept.

18.--_House Journal, 1472, 1497; Senate Journal, 638, 648._

[Sidenote: Second Fugitive Slave Act.]

=31. Second Fugitive Slave Act. [---- 29, 30.]=

=1850, Sept. 18.= "_An Act to amend, and supplementary to, the Act ent.i.tled 'An Act respecting Fugitives from Justice, and Persons escaping from the Service of their Masters,' approved February twelfth, one thousand seven hundred and ninety-three._

"_Be it enacted by the Senate and House of Representatives of the United States of America in Congress a.s.sembled_, 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 consequence of such appointment, are authorized to exercise 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 arresting, imprisoning, or bailing 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, ent.i.tled 'An Act to establish the judicial courts of the United States,' shall be, and are hereby, authorized and required to exercise and discharge all the powers and duties conferred by this act.

"SEC. 2. _And be it further enacted_, That the Superior Court of each organized Territory of the United States shall have the same power to appoint commissioners to take acknowledgments of bail and affidavits, and to take depositions of witnesses in civil causes, which is now possessed by the Circuit Court of the United States; and all commissioners who shall hereafter be appointed for such purposes by the Superior Court of 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 Circuit Courts of the United States for similar purposes, and shall moreover exercise and discharge all the powers and duties conferred by this act.

"SEC. 3. _And be it 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 a view to afford reasonable facilities to reclaim fugitives from labor, and to the prompt discharge of the duties imposed by this act.

"SEC. 4. _And be it further enacted_, That the commissioners 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 several States, and the judges of the Superior Courts of the Territories, severally and collectively, in term-time and vacation; and shall grant certificates 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. _And be it further enacted_, That it 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 marshal or deputy marshal refuse to receive such warrant, or other process, when tendered, 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 claimant by the Circuit or District Court for the district 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 provisions of this act, should such fugitive escape, whether with or without the a.s.sent 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 value 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 Const.i.tution of the United States and of this act, they are hereby authorized and empowered, within their counties respectively, 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 to their aid the bystanders, or _posse comitatus_ of the proper county, when necessary to insure a faithful observance of the clause of the Const.i.tution referred to, in conformity with the provisions of this act; and all good citizens are hereby commanded to aid and a.s.sist in the prompt and efficient execution of this law, whenever their services may be required, as aforesaid, for that purpose; and said warrants shall run, and be executed by said officers, anywhere in the State within which they are issued.

"SEC. 6. _And be it further enacted_, That when a 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 State or Territory in which the same may be executed, may pursue and reclaim such fugitive person, either by procuring a warrant from some one of the courts, judges, or commissioners aforesaid, of the proper circuit, district, or county, 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 it shall be to hear and determine the case of such claimant in a summary manner; and upon satisfactory 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 depositions under the laws of the State or Territory from which such person owing service or labor may have escaped, with a certificate of such magistracy or other authority, 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 ident.i.ty 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 deliver to such claimant, his or her agent or attorney, a certificate setting forth the substantial facts as to the service or labor due from such fugitive to the claimant, and of his or her escape from the State or Territory in which such service or labor was due, to the State or Territory in which he or she was arrested, with authority to such claimant, or his or her agent or attorney, to use such reasonable force and restraint as may be necessary, under the circ.u.mstances of the case, to take and remove such fugitive person back to the State or Territory whence he or she may have escaped as aforesaid. In no trial or hearing under this act shall the testimony of such alleged fugitive be admitted in evidence; and the certificates in this and the first [fourth] section mentioned, shall be conclusive of the right of the person or persons in whose favor granted, to 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, magistrate, or other person whomsoever.

"SEC. 7. _And be it further enacted_, That any person who shall knowingly and willingly obstruct, hinder, or prevent such claimant, his agent or attorney, or any person or persons lawfully a.s.sisting him, her, or them, from arresting such a fugitive from service or labor, either with or without process as aforesaid, or shall rescue, or attempt to rescue, such fugitive from service or labor, from the custody of such claimant, his or her agent or attorney, or other person or persons lawfully a.s.sisting as aforesaid, when so arrested, pursuant to the authority herein given and declared; or shall aid, abet, or a.s.sist such person so owing service or labor as aforesaid, directly or indirectly, to escape from such claimant, his agent or attorney, or other person or persons legally authorized as aforesaid; or shall harbor or conceal such fugitive, so as to prevent the discovery and arrest of such person, after notice or knowledge of the fact that such person was a fugitive from service or labor as aforesaid, shall, for either of said offences, be subject to a fine not exceeding one thousand dollars, and imprisonment not exceeding six months, by indictment and conviction before the District Court of the United States for the district in which such offence may have been committed, or before the proper court of criminal jurisdiction, if committed within any one of the organized Territories of the United States; and shall moreover forfeit and pay, by way of civil damages to the party injured by such illegal conduct, the sum of one thousand dollars, for each fugitive so lost as aforesaid, to be recovered by action of debt, in any of the District or Territorial Courts aforesaid, within whose jurisdiction the said offence may have been committed.

"SEC. 8. _And be it further enacted_, That the marshals, their deputies, and the clerks of the said District and Territorial Courts, shall be paid, for their services, the like fees as may be allowed to them for similar services in other cases; and where such services are rendered exclusively in the arrest, custody, and delivery of the fugitive to the claimant, his or her agent or attorney, or where such supposed fugitive may be discharged out of custody for the want of sufficient proof as aforesaid, then such fees are to be paid in the whole by such claimant, his agent or attorney; and in all cases where the proceedings are before a commissioner, he shall be ent.i.tled to a fee of ten dollars in full for his services in each case, upon the delivery of the said certificate to the claimant, his or her agent or attorney; or a fee of five dollars in cases where the proof shall not, in the opinion of such commissioner, warrant such certificate and delivery, inclusive of all services incident to such arrest and examination, to be paid, in either case, by the claimant, his or her agent or attorney. The person or persons authorized to execute the process to be issued by such commissioners for the arrest and detention of fugitives from service or labor as aforesaid, shall also be ent.i.tled to a fee of five dollars each for each person he or they may arrest and take before any such commissioner as aforesaid, at the instance and request of such claimant, with such other fees as may be deemed reasonable by such commissioner for such other additional services as may be necessarily performed by him or them; such as attending at the examination, keeping the fugitive in custody, and providing him with food and lodging during his detention, and until the final determination of such commissioner; and, in general, for performing such other duties as may be required by such claimant, his or her attorney or agent, or commissioner in the premises, such fees to be made up in conformity with the fees usually charged by the officers of the courts of justice within the proper district or county, as near as may be practicable, and paid by such claimants, their agents or attorneys, whether such supposed fugitives from service or labor be ordered to be delivered to such claimants by the final determination of such commissioners or not.

"SEC. 9. _And be it further enacted_, That, upon affidavit made by the claimant of such fugitive, his agent or attorney, after such certificate has been issued, that he has reason to apprehend that such fugitive will be rescued by force from his or their possession before he can be taken beyond the limits of the State in which the arrest is made, it shall be the duty of the officer making the arrest to retain such fugitive in his custody, and to remove him to the State whence he fled, and there to deliver him to said claimant, his agent, or attorney. And to this end, the officer aforesaid is hereby authorized and required to employ so many persons as he may deem necessary to overcome such force, and to retain them in his service so long as circ.u.mstances may require. The said officer and his a.s.sistants, while so employed, to receive the same compensation, and to be allowed the same expenses, as are now allowed by law for transportation of criminals, to be certified by the judge of the district within which the arrest is made, and paid out of the treasury of the United States.

"SEC. 10. _And be it further enacted_, That when any person held to service or labor in any State or Territory, or in the District of Columbia, shall escape therefrom, the party to whom such service or labor shall be due, his, her, or their agent or attorney, may apply to any court of record therein, or judge thereof in vacation, and make satisfactory proof to such court, or judge in vacation, of the escape aforesaid, and that the person escaping owed service or labor to such party. Whereupon the court shall cause a record to be made of the matters so proved, and also a general description of the person so escaping, with such convenient certainty as may be; and a transcript of such record, authenticated by the attestation of the clerk and of the seal of the said court, being produced in any other State, Territory, or district in which the person so escaping may be found, and being exhibited to any judge, commissioner, or other officer authorized by the law of the United States to cause persons escaping from service or labor to be delivered up, shall be held and taken to be full and conclusive evidence of the fact of escape, and that the service or labor of the person escaping is due to the party in such record mentioned. And upon the production by the said party of other and further evidence if necessary, either oral or by affidavit, in addition to what is contained in the said record of the ident.i.ty of the person escaping, he or she shall be delivered up to the claimant. And the said court, commissioner, judge, or other person authorized by this act to grant certificates to claimants of fugitives, shall, upon the production of the record and other evidences aforesaid, grant to such claimant a certificate of his right to take any such person identified and proved to be owing service or labor as aforesaid, which certificate shall authorize such claimant to seize or arrest and transport such person to the State or Territory from which he escaped: _Provided_, That nothing herein contained shall be construed as requiring the production of a transcript of such record as evidence as aforesaid. But in its absence the claim shall be heard and determined upon other satisfactory proofs, competent in law.

"Approved, September 18, 1850."--_Statutes at Large, ix. 462-465._

[Sidenote: Act of 1850. Resolutions.]

=32. McLanahan's resolution against repeal of the law of 1850.=

=1851, Jan. 13.= Mr. McLanahan moved that the rules be suspended to enable him to introduce the following resolution, viz., "_Resolved_, That it would be inexpedient and improper to repeal the law pa.s.sed at the last session of Congress, ent.i.tled 'An act to amend, and supplementary to, the act ent.i.tled An act respecting fugitives from justice and persons escaping from the service of their masters,'

approved Feb. 12, 1793." House refused to suspend the rules.--_House Journal, 31 Cong. 2 Sess., 139; Cong. Globe, 31 Cong. 2 Sess., 226._

=33. Clay's resolution on the Shadrach case, Boston. [-- 51.]=

=1851, Feb. 17.= Mr. Clay submitted the following resolution, which lies over one day: "_Resolved_, That the President of the United States be requested to lay before the Senate, if not incompatible with the public interest, any information he may possess in regard to an alleged recent case of a forcible resistance to the execution of the laws of the United States in the city of Boston, and to communicate to the Senate under the above condition what means he has adopted to meet the occurrence, and whether, in his opinion, any additional legislation is necessary to meet the exigency of the case, and to more rigorously execute existing laws."

Resolution adopted.--_Senate Journal, 31 Cong. 2 Sess., 187; Cong.

Globe, 31 Cong. 2 Sess., 580._

=34. Bright's bill explanatory of law of 1850.=

=1851, Feb. 10.= Mr. Bright obtained leave to bring in a bill (458) explanatory of the act approved 18th September in the year 1850, ent.i.tled, "An Act to amend, and supplemental to, the act ent.i.tled, 'An Act respecting fugitives from justice and persons escaping from the service of their masters,'" approved Feb. 12, 1793, which was read twice, and referred to the Committee on the Judiciary.--_Senate Journal, 32 Cong. 1 Sess., 162._

The bill is in the following terms: "_Be it enacted, etc._, that all action and causes of action, and all proceedings inst.i.tuted and to be inst.i.tuted, for any violation of the provisions of said act respecting fugitives from justice and persons escaping from the service of their masters, approved the 12th February, 1793, may be inst.i.tuted and prosecuted to final judgment and execution as if the said act of Sept.

18, 1850, had not been pa.s.sed."--_Cong. Globe, 31 Cong. 2 Sess., 492._

=35. Fitch's resolution affirming the Compromise.=

=1852, March 1.= Mr. Fitch offered the following resolution: "_Resolved_, That we recognize the binding efficacy of the compromises of the Const.i.tution, and believe it to be the intention of the people generally, as we hereby declare it to be ours individually, to abide such compromises, and to sustain the laws necessary to carry out the provisions for the delivery of fugitive slaves ordered, and that we deprecate all further agitation of questions growing out of that provision of the Const.i.tution embraced in the acts of the last Congress known as the Compromise."--_House Journal, 32 Cong. 1 Sess., 408; Cong.

Globe, 32 Cong. 1 Sess., 659._