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SLAVERY LEGISLATION.

The following Acts of Congress mark the progress of the Slave Power in the Legislation of the American Government:

FUGITIVE SLAVE LAW OF 1798.

An Act respecting fugitives from justice, and persons escaping from the service of their masters.

tificate thereof to such claimant, his agent or attorney, which shall be sufficient warrant for removing the said fugitive from labor to the state or territory from which he or she fled.

either by oral testimony or affidavit taken before, and certified by, a magistrate of any such state or territory, that the person so seized or arrested, doth, under the laws of the state or territory from which he or she fled, owe service or labor SEC. 1. Be it enacted by the Senate and House to the person claiming him or her, it shall be the of Representatives of the United States of Amer-duty of such judge or magistrate to give a cerica in Congress assembled, That whenever the executive authority of any state in the Union, or of either of the territories, north-west or south of the river Ohio, shall demand any person, as a fugitive from justice, of the executive authority SEC. 4. That any person who shall knowingly of any such state or territory to which such per- and willingly obstruct or hinder such claimant, son shall have fled, and shall, moreover, produce his agent or attorney, in so seizing or arresting the copy of an indictment found, or an affidavit made before a magistrate of any state or territory as aforesaid, charging the person so demanded with having committed treason, felony, or other crime, certified as authentic by the governor or chief magistrate of the state or territory from whence the person so charged fled, it shall be the duty of the executive authority of the state or territory to which such person shall have fled, to cause him or her to be arrested and secured, and notice of the arrest to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he shall appear. But if no such agent shall appear within six months from the time of the arrest, the prisoner may be discharged. And all costs or expenses incurred in the apprehending, securing, and transmitting such fugitive to the state or territory making such demand, shall be paid by such state or territory.

SEO. 2. That any agent appointed as aforesaid, who shall receive the fugitive into his custody, shall be empowered to transport him or her to the state or territory from which he or she shall have fled. And, if any person or persons shall by force set at liberty, or rescue the fugitive| from such agent while transporting as aforesaid, the person or persons so offending, shall, on conviction, be fined not exceeding five hundred dollars, and be imprisoned not exceeding one year.

SEC. 3. That when a person held to labor in any of the United States, or in either of the territories on the northwest or south of the river Ohio, under the laws thereof, shall escape into any other of the said states or territory, the person to whom such labor or service may be due, his agent or attorney, is hereby empowered to seize or arrest such fugitive from labor, and to take him or her before any judge of the Circuit or District Courts of the United States, residing or being within the state, or before any magistrate of a county, city or town corporate, wherein such seizure or arrest shall be made, and upon proof to the satisfaction of such judge or magistrate,

such fugitive from labor, or shall rescue such fugitive from such claimant, his agent or attorney, when so arrested pursuant to the authority herein given or declared, or shall harbor or conceal such person after notice that he or she was a fugitive from labor as aforesaid, shall, for either of the said offences, forfeit and pay the sum of five hundred dollars. Which penalty may be recovered by and for the benefit of such claimant, by action of debt, in any court proper to try the same; saving, moreover, to the person claiming such labor or service, his right of action for or on account of the said injuries, or either of

them.

Approved February 12, 1798.

MISSOURI COMPROMISE OF 1820.

An Act to authorize the people of the Missouri territory to form a Constitution and State Government, and for the admission of such State into the Union on an equal footing with the original States, and to prohibit slavery in certain territories.

(All the previous sections of this Act relate entirely to the formation of the Missouri Territory in the usual form of territorial bills-the 8th section only relating to the slavery question.)

SEC. 8. That in all that territory ceded by France to the United States, under the name of Louisiana, which lies north of thirty-six degrees and thirty minutes north latitude, not included within the limits of the state contemplated by this act, slavery and involuntary servitude, otherwise than in the punishment of crimes, whereof the parties shall have been duly convicted, shall be, and is hereby, for ever prohibited. Provided always, that any person escaping into the same, from whom labor or service is lawfully claimed, in any state or territory of the United States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid.

Approved March 6, 1820.

FUGITIVE SLAVE LAW OF 1650.

An Act to amend, and supplementary to, the Act entitled "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.

the use of such claimant, on the motion of such district of such marshal; and after arrest of claimant, by the Circuit or District Court for the 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 deputy, such marshal shall be liable, BE it enacted by the Senate and House of on his official bond, to be prosecuted for the Representatives of the United States of America benefit of such claimant, for the full value of the in Congress assembled, That the persons who service or labor of said fugitive in the State, Terhave been, or may hereafter be, appointed Com-ritory, or District whence he escaped; and the missioners, in virtue of any Act of Congress, by better to enable said commissioners, when thus the Circuit Courts of the United States, and who, appointed, to execute their duties faithfully and in consequence of such appointment, are au- efficiently, in conformity with the requirements thorized to exercise the powers that any justice of the Constitution of the United States, and of of the peace, or other magistrate of any of the this act, they are hereby authorized and emUnited States, may exercise in respect to offend- powered, within their counties respectively, to ers for any crime or offence against the United appoint, in writing under their hands, any one States, by arresting, imprisoning, or bailing the or more suitable persons, from time to time, to same under and by virtue of the thirty-third execute all such warrants and other process as section of the act of the twenty-fourth of Sep-may be issued by them in the lawful performance tember, seventeen hundred and eighty-nine, en- of their respective duties; with authority to such titled "An Act to establish the judicial courts of commissioners, or the persons to be appointed the United States," shall be, and are hereby, au- by them, to execute process as aforesaid, to sumthorized and required to exercise and discharge mon and call to their aid the bystanders, or all the powers and duties conferred by this act. posse comitatus of the proper county, when SEC. 2. That the Superior Court of each or- necessary to insure a faithful observance of the ganized Territory of the United States shall clause of the Constitution referred to, in conforhave the same power to appoint commissioners mity with the provisions of this act; and all to take acknowledgments of bail and affidavits, good citizens are commanded to aid and assist and to take depositions of witnesses in civil in the prompt and efficient execution of this law, 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 SEC. 6. That when a person held to service or the powers, and exercise all the duties, conferred labor in any State or Territory of the United by law upon the commissioners appointed by the States, has heretofore or shall hereafter escape Circuit Courts of the United States for similar into another State or Territory of the United purposes, and shall moreover exercise and dis-States, the person or persons to whom such sercharge all the powers and duties conferred by vice or labor may be due, or his, her, or their agent or attorney, duly authorized by power of

this Act.

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. 3. That the Circuit Courts of the United attorney, in writing acknowledged and certified States, and the Superior Courts of each organ- under the seal of some legal officer or Court of ized Territory of the United States, shall from the State or Territory in which the same may be time to time enlarge the number of Commission-executed, may pursue and reclaim such fugitive ers with a view to afford reasonable facilities to person, either by procuring a warrant from reclaim fugitives from labor, and to the prompt some one of the Courts, judges, or commissiondischarge of the duties imposed by this Act. ers aforesaid, of the proper circuit, district, or SEC. 4. That the Commissioners above named county, for the apprehension of such fugitive shall have concurrent jurisdiction with the judges from service or labor, or by seizing and arrestof the Circuit and District Courts of the United ing such fugitive where the same can be done States, in their respective circuits and districts without process, and by taking, or causing such within the several States, and the judges of the person to be taken forthwith before such Court, Superior Courts of the Territories severally and Judge or Commissioner, whose duty it shall be 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. 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

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 identity

of the person whose service or labor is claimed and delivery of the fugitive to the claimant, his to be due as aforesaid, that the person so ar- or her agent or attorney, or where such suprested does in fact owe service or labor to the posed fugitive may be discharged out of custody person or persons claiming him or her, in the for the want of sufficient proof as aforesaid, State or Territory from which such fugitive may then such fees are to be paid in the whole by have escaped as aforesaid, and that said person such claimant, his agent or attorney; and in all escaped, to make out and deliver to such claim- cases where the proceedings are before a Comant, his or her agent or attorney, a certificate missioner, he shall be entitled to a fee of ten setting forth the substantial facts as to the ser- dollars in full for his services in each case, upon vice or labor due from such fugitive to the claim- the delivery of the said certificate to the claimant, and of his or her escape from the State or ant, his or her agent or attorney; or a fee of Territory in which such service or labor was due five dollars in cases where the proof shall not, in to the State or Territory in which he or she was the opinion of such Commissioner, warrant such arrested, with authority to such claimant, or his certificate and delivery, inclusive of all services or her agent or attorney, to use such reasonable incident to such arrest and examination, to be force and restraint as may be necessary, under paid in either case by the claimant, his or her the circumstances of the case, to take and re-agent or attorney. The person or persons aumove such fugitive person back to the State or thorized to execute the process to be issued by Territory whence he or she may have escaped as such Commissioner for the arrest and detention aforesaid. In no trial or hearing under this Act of fugitives from service or labor as aforesaid, shall the testimony of such alleged fugitive be shall also be entitled to a fee of five dollars each, admitted in evidence; and the certificates in for each person he or they may arrest and take this and the first (fourth) section mentioned, before any such Commissioner, as aforesaid, at shall be conclusive of the right of the person or the instance and request of such claimant, with persons in whose favor granted, to remove such such other fees as may be deemed reasonable fugitive to the State or Territory from which he by such Commissioners for such other additional escaped, and shall prevent all molestation of services as may be necessarily performed by such person or persons by any process issued by him or them; such as attending at the examinaany Court, Judge, Magistrate, or other person tion, keeping the fugitive in custody, and prowhomsoever. viding 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 Commissioner or not.

SEC. 7. That any person who shall knowingly and willingly obstruct, hinder, or prevent such claimant, his agent or attorney, or any person or persons lawfully assisting 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 assisting as aforesaid, when so arrested pursuant to the authority herein given and declared, or shall aid, abet, or assist such person so owing service or labor as aforesaid, directly or indirectly, to escape from SEC. 9. That, upon affidavit made by the claimsuch claimant, his agent or attorney, or other ant of such fugitive, his agent or attorney, after person or persons legally authorized as afore- such certificate has been issued, that he has said; or shall harbor or conceal such fugitive so reason to apprehend that such fugitive will be as to prevent the discovery and arrest of such rescued by force from his or her possession beperson, after notice or knowledge of the fact that fore he can be taken beyond the limits of the such person was a fugitive from service or labor State in which the arrest is made, it shall be the as aforesaid, shall, for either of said offences, be duty of the officer making the arrest to retain subject to a fine not exceeding one thousand such fugitive in his custody, and to remove him dollars, and imprisonment not exceeding six to the State whence he fled, and there to deliver months, by indictment and conviction before the him to said claimant, his agent or attorney. District Court of the United States, for the dis- And to this end, the officer aforesaid is hereby trict in which such offence may have been com-authorized and required to employ so many mitted, or before the proper court of criminal persons as he may deem necessary to overcome jurisdiction, if committed within any one of the such force, and to retain them in his service so organized territories of the United States, and long as circumstances may require. The said shall moreover forfeit and pay, by way of civil officer and his assistants while so employed to damages to the party injured by such illegal con-receive the same compensation, and to be allowduct, the sum of one thousand dollars, for each ed the same expenses as are now allowed by law fugitive so lost as aforesaid, to be recovered by for transportation of criminals, to be certified by action of debt in any of the District or Territo- the judge of the district within which the arrest rial Courts aforesaid, within whose jurisdiction is made, and paid out of the treasury of the the said offence may have been committed. United States.

SEC. 8. That the marshals, their deputies, and SEC. 10. That when any person held to service the clerks of the said District and Territorial or labor in any State or Territory, or in the DisCourts, shall be paid for their services the like trict of Columbia, shall escape therefrom, the fees as may be allowed to them for similar ser-party to whom such service or labor may be due, vices in other cases; and where such services his, her, or their agent or attorney, may apply are rendered exclusively in the arrest, custody, to any court of record therein, or judge thereof

in vacation, and make satisfactory proof to such the time of their admission: Provided, That court, or judge in vacation, of the escape afore- nothing in this act contained shall be construed said, and that the person escaping owed service to inhibit the government of the United States or labor to such party. Whereupon the court from dividing said territory into two or more shall cause a record to be made of the matters territories, in such manner and at such times as so proved, and also a general description of the Congress shall deem convenient and proper, or person so escaping, with such convenient cer- from attaching any portion of said territory to tainty as may be; and a transcript of such re- any other state or territory of the United States: cord authenticated by the attestation of the Provided further, That nothing in this act conclerk and of the seal of the said court, being tained shall be construed to impair the rights of produced in any other State, Territory or dis- person or property now pertaining to the Intrict in which the person so escaping may be dians in said territory, so long as such rights found, and being exhibited to any judge, com- shall remain unextinguished by treaty between missioner, or other officer authorized by the law the United States and such Indians, or to inof the United States to cause persons escaping clude any territory which, by treaty with any from service or labor to be delivered up, shall be Indian tribe, is not, without the consent of said held and taken to be full and conclusive evi- tribe, to be included within the territorial limits dence of the fact of the escape, and that the ser- or jurisdiction of any state or territory; but all vice or labor of the person escaping is due to the such territory shall be excepted out of the boundparty in such record mentioned. And upon the aries, and constitute no part of the territory of production by the said party of other and fur- Nebraska, until said tribe shall signify their asther evidence if necessary, either oral or by affi- sent to the President of the United States to be davit, in addition to what is contained in the included within the said territory of Nebraska, said record of the identity of the person escap- or to affect the authority of the government of ing, he or she shall be delivered up to the claim- the United States to make any regulations reant. And the said court, commissioner, judge, specting such Indians, their lands, property or or other person authorized by this act to grant other rights, by treaty, law, or otherwise, which certificates to claimants of fugitives, shall, upon it would have been competent to the government the production of the record and other evidences to make if this act had never passed. aforesaid, grant to such claimant a certificate SEC. 2. That the executive power and authorof his right to take any such person identified ity in and over said territory of Nebraska shall and proved to be owing service or labor as be vested in a governor, who shall hold his office aforesaid, which shall authorize such claimant for four years, and until his successor shall be to seize or arrest and transport such person to appointed and qualified, unless sooner removed the State or Territory from which he escaped: by the President of the United States. Provided, That nothing herein contained shall governor shall reside within said territory, and be construed as requiring the production of a shall be commander-in-chief of the militia theretranscript of such record as evidence as afore- of. He may grant pardons and respites for ofsaid. But in its absence the claim shall be heard fences against the laws of said territory, and and determined upon other satisfactory proofs, reprieves for offences against the laws of the competent in law. United States, until the decision of the President can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of the said territory, and shall take care that the laws be faithfully executed.

Approved September 18, 1850.

KANSAS AND NEBRASKA ACT OF 1854.

The

SEC. 3. That there shall be a secretary of said

An Act to organize the Territories of Nebras-territory, who shall reside therein, and hold his

ka and Kansas.

office for five years, unless sooner removed by the President of the United States; he shall reBe it enacted by the Senate and House of Rep- cord and preserve all the laws and proceedings resentatives of the United States of America in of the legislative assembly hereinafter constiCongress assembled: That all that part of the tuted, and all the acts and proceedings of the territory of the United States included within governor in his executive department; he shall the following limits, except such portions thereof transmit one copy of the laws and journals of as are hereinafter expressly exempted from the the legislative assembly within thirty days after operations of this act, to wit: beginning at a the end of each session, and one copy of the point in the Missouri river where the fortieth executive proceedings and official correspondparallel of north latitude crosses the same; ance semi-annually on the first days of January thence west on said parallel to the east bound- and July in each year, to the President of the ary of the territory of Utah on the summit of United States, and two copies of the laws to the the Rocky Mountains; thence on said summit President of the Senate and to the Speaker of northward to the forty-ninth parallel of north the House of Representatives, to be deposited latitude; thence east on said parallel to the in the libraries of Congress; and, in case of the western boundary of the Territory of Minneso-death, removal, resignation, or absence of the ta; thence southward on said boundary to the governor from the territory, the secretary shall Missouri river; thence down the main channel be, and he is hereby authorized and required to of said river to the place of beginning, be, and the same is hereby, created into a temporary government by the name of the Territory of Nebraska; and when admitted as a state or states, the said territory, or any portion of the same, shall be received into the Union with or without slavery, as their constitution may prescribe at

execute and perform all the powers and duties of the governor during such vacancy or absence, or until another governor shall be duly appointed and qualified to fill such vacancy.

SEC. 4. That the legislative power and authority of said territory shall be vested in the governor and a legislative assembly. The legislative

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