As passed by the Senate and Honse of Kepresentatives,
Sept. 12, 1850, and approved September 18, 1560, by
President FILLMORE.

AN ACT to amend, and supplementary to the act en-
titled, “* An act respecting fugitives trom jastice, and
persons escaping trom the service of their masters,”
approved, Feb. 12, 1793.

Secrion 1. That persons who have been or
may hereafter be, appointed Commissioners in vir-
tue of any act of Congress, by the Circuit Courts
of the United States, and whe in consequence of
such appointments, ure authorised io exercise the
powers thata justice of the peace or other mugis-
trate 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 24th of September,
1789, entitled ‘*An act to establish 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, shal] have the same power to ap-
point commissioners to take acknowledgements of
bail and affidavits, and to take depositions of wit-
nesses in civil causes which is now possessed by
the Circuit Courts of the United States; all com-
missioners who shall be uppownted for such purposes
by the Superior Court of any organized territory
of the United States, small possess all the pow-
ers and exercise all the duties conferred by law
upon the commissioners appointed by the Circuit
Court of the United States for similar purposes,
and shall moreover exercise and discharge a!! the
powers and duties conferred by this act.

Sec. 3. And be it farther 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, witha view to afford
reasonable facilities to reclaim fugitives from
labor, and to the 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 Cirenit and
District Courts of the United States, in their re-
spective circuits and districts within the several
States, and the judges of the superior cqurts of the
territories, severally and collectively, in term time
and vacation; and shall. grant certificates to such”
elaimants, 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 tegritory from which such
persons may have escaped or fled.

Sec. 5. And be it further enacted, That it
shall be the daty of all marshals and deputy mar-
shals 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 te reveive such warrant or other
process, when tendered, or use all proper means
diligently to execute the same, he shall on con-
viction thereof, be fined in the sum of ONE
THOUSAND DOLLARS to the use of such
claimant on motion of such claimant, by the
circuit or district court of the district of such mar-
shal; 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 ASSENT OF SUCH MARSHAL OR HIS
pEPUTY, such marshal shall te 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 en-
able the said commissioners whew thas appointed,
to execute their duties faithfully and efficiently; in
conformity with the requirements of the Constita-
tion of the United States and of this act, they are
hereby anthorized and empowered, within their
counties respectively to appoint in writing under
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 author-
ity to such commissioners or the person to be ap-
peinted by them to execute process as aforesaid, to
summon and CALL TO THEIR AID THE BY-
STANDERS, or posse comitatus of the proper
county, when necessary to insure a faithful ob-
servance 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 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 ex-
ecuted.

Sec. 6. And be it farther enactec, That when
a person held to service or labor inany State or
territory of the United States, hasheretofore or
shall hereafter escape into another State or territo-
ry of the United States, the person or persons to
whom such services or labor may be due, or his,

her or their agent or attorney, duly authorized, by
power of attorney, in writing acknowledged and
certified tinder the seal of some legal officer of
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
sume of the courts, judges or commissioners afore-
said, of the proper circuit, district or county for the
xpprehension 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 sach
claimant in a SUMMARY MANNER; and upoo
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
wagistracy or other authority, as aforesaid, with
the seal of the proper court or officer thereto at-
tached, 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 said to be due as aforesaid, that
the person so arrested does in fact owe service or
labor to the person or persous claiming him or her,
in the State or territgry from which such fugitive
may have escaped, as aforesaid, and that said per-
son 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 each ‘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 allorney, to use such reasonable force
and restraint as may be necessary, under the cir-
cumstances of the case, to take and remove such
fugitive person back to the State or territory from
whence he or she may have escaped as aforesaid.
IN NO TRIAL OR HEARING UNDER THIS
ACT SHALL TESTIMONY OF SUCH AL-
LEGED FUGITIVE BE ADMITTED IN EVI-
DENCE; and the certificates in this and the first
section mentioned SHALL BE CONCLUSIVE OF
WHE RIGHT OF THE P&RSON OR PERSONS IN
WHOSE FAVOR GRANTED, fo remove such fu-

gitive to the State or territory from which he
escaped, and shall prevent ail molestution of sdid
person or persons by any process issued by any
court, judge, magistrate or other person whomso-
ever.

Sec. 7. And be it farther enacted, That any
person who shall knowingly or 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 arresting such fugitive
from service or labor EITHER WITH or WITH-
OUT PROCESS as aforesaid; or shall rescue, or
attempt to rescue such fugitive from service or
jabor, from the custody of such claimant, his or
her agent or attorney, or other person or persons
lawfully assisting as aforesaid when so arrested,
pursuant to the authority herein given and declared ;
OR SHALL AID, ABFT, OR ASSIST SUCH A
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 ser-
vice 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 indict-
ment and conviction before the district court of the
United States for the district in which sach 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 for 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 atforney, or where guch sup-
posed fugitive may be discharged out of custody
for 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 he
entitled to a fee of TEN D@LLARS in fall 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 ia the opinion of such
commissioner, warrant such certificate and de-
livery, inclasive 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 entitled to a fee of five
dollars each for suid person he or they may arrest
and take before any such commissioner as afore-
said, at the instance and request of such claimant,
with such other fees as may be deemed reasonable
by such commissioner for such 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 Jodging during his detention, and until the final
determination of such commissioner; and in gen-
eral 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 fugi-
tives from service or labor, be ordered to be deliv-
ered to such claimants by the final determination
of such commissioner or not.

Sec. 9. And be it farther 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
possessions before he can be taken beyond the
limits of the State in which the arrest is made, it
shall be the duty of tbe officer making the arrest
to retain the fugitive in his custody, and to re-
move 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 EM-
PLOY SO MANY PERSONS AS HE MAY
DEEM NECESSARY to overcome such force,
and to retain them in his service so long as circum-
stances require. The said officer and his assistants,
while so employed to receive the same compensa-
tion, and to be allowed the same expenses as are
now allowed by law for transportation of criminals,
to be certified by the jadge of the district within
which the arrest is made, and PAID OUT OF
THE TREASURY OF THE UNITED STATES.

Sec. 10. And be it farther enacted, That when
any person held to service or labor in any State or

Territory, or in the District of Columbia, shall
escape thorofronm, the party ta wham such service
or Jabor shall be due, his, her or their agent or at-

torney 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
matter as proved, and also a general description of
the persons escaping with such convenient certain-
ty as may be, and a transcript of such record au-
thenticated by the attestation of clerk and seal of
the said court being produced in any other State,
Teriitory or District in which the perscn so escap-
ing 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
escape, and that the service or labor of the person
escaping is due to the party in such record men-
tioned. 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 identity of the person escap-
ing, 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 claimaint to seize or arrest and
transport such person to the State or Territory
from which he escaped. Provided,

That nothing herein contained shall be con-
strued as requiring the production of a transcript
of such record as evidence as aforesaid. But in
its absence the claim shall be heard and determin-
ed upon other satisfactory proofs competent in law.

Appreved, September 18, 1850.

MILLARD FILLMORE

THE BLACK LIST.

Total vote frem free States in favor of the Fugi-
- Bos Slave nig Ner.C
EMOCRATs. — Maine--Messrs. Fuller,Ger it-
tlefield—3. ene
New Hampshire.—Messrs. HIBBARD and
PEASLEE-2.
New York—Mr Walden—l.
New Jersej—Mr Wildrick—1.
Pennsylvamia—Messr.s Dimmick, Job Mann,

McLanahan, Robbins, Ross, and, James Thomp-
son—6.

Ohio—Messrs. Hayland and Miller—2.

Indiana—Messrs, Alberston, William J.Brown,
Dunham, Gorman, McDonald—6.

Ilinois—Messrs. Bissel, T. L. Harris, McCler-
nand, Richardson, Young—®.

Michigan—Mr A. W. Buel—1.

Jowa—M: Lefiler—1.

Californie—Mr Gilbert—1. Total] 27.

Wuics.—Messrs. Elliot, of Mass.; McGaughey,
of Ind.; John L. Taylor, of Ohio—Total, 3.

Total Ayes from free states, 30.

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