of the act of Congress aforementioned, shall forfeit a sum not exceeding five hundred dollars for every such offence, to the use of the State, or shall be subject to imprisonment, not exceeding six months, in the county jail.

Laws of the same effect are now in force in many of the northern and eastern States, and in some of the northwestern non-slaveholding States. This subject was very much discussed during the last session of the legislature of New York; and, as an evidence of public opinion in that State, it may be stated that one of the branches of that legislature gave its sanction to a bill to prohibit the State officers from interfering to assist a master, imposing high penalties on such as should give active aid to the owner in his efforts to apprehend his fugitive slave. It seems that this bill did not pass, upon the ground that State officers had no authority under State laws, they being a dead letter; and that, therefore, there was an implied inhibition on State officers from interfering in such cases.

What remedy have the slaveholding States now left for the enforcement of their constitutional right to the delivery of their property escaping into non-slaveholding communities? They have the parchment guarantee of the constitution, without ability to enforce it themselves, and with the hos tile legislation of the non slaveholding States to defeat them.

What now is left for the citizens of the slaveholding States, as the available means, under the constitution, to protect those rights intended to be secured by it? Public opinion, the only great political agent in a republic to sustain good faith, has been turned against them under the forms of law. The constitution, which, in the primitive days of the republic, was supposed to have, in all that involved the mutual duties of the States, the essential elements of self execution, has neither State nor federal law to sustain and vindicate its authority. The States have withdrawn their support, and Congress is inefficient in its legislation to supply it. A single clause of the act of 1793 is all that is left, and is a dead letter, so far as it regards the power of giving it practical efficacy. All that is left of it is the right to bring an action against those in the non-slaveholding States who may conceal, or protect from seizure, a runaway slave. The right to sue a mob of irresponsible persons, without the power of procuring witnesses, and before a tribunal administering justice in a hostile community: Who would venture on such litigation? The right of seizure and apprehension is conceded; but how to be executed? Why, at the risk of the owner's life. The proceedings which have given rise to this report, as well as similar and even of more aggravated character in other States, are full evidence of the truth of this remark. The remedy may induce the master to place himself in circumstances in which he would become the victim of irresponsible insult and violence; or cause him, by his efforts to reclaim his property, to afford some pretext for an action against him, by which, under the form of a verdict, his whole estate might be confiscated to appease the demands of popular prejudice. Let it not be said that he could apply to a United States marshal; before such an officer could be procured, effectual escape might be accomplished.

The opportunity to apprehend a fugitive is emergent, not waiting for the delay of distant and perhaps reluctant officers.

But whatever remedy may be allowed by the act of 1793, nominal and hollow as it is, it will not remain long on the statute-book, if it can be

repealed by the influence of the non slaveholding States. Already has a memorial come to Congress from a large number of citizens of Pennsyl vania, praying for the repeal of that law. That memorial has been referred to your committee, and it is a memorial as numerously signed, probably, as any other that has come before Congress. These persons represent that the law of the United States, imposing $500 for what is called harboring or concealing a slave, is unjust and ought to be repealed. 1st. Because it is contrary to the spirit and word of God.

"2d. Because the law is intended to prop up a system which makes it criminal to teach God's creatures his holy word, deprives the master and the slave, and is the fruitful source of great evils, both religious and political."

Your committee will not undertake to say that the law of 1793 will, even by any amendments that can be made to it, have any great remedial influence in giving the owner the protection he is entitled to under the constitution. The assault upon it is, however, a significant indication of the progress of public opinion. It is making its advances with crushing effects. It is in vain to appeal to compacts and constitutional provisious to arrest it.

The slave-holding States are bound in the Union, and are willing to perform all their duties under it.

They have kept in good faith all that they promised.

They have not allowed the importation of slaves since 1808.

They have given to their northern fellow citizens of the Union all the benefits of their trade and commerce.

They have yielded to them the almost exclusive benefit of the navigation interest of the Union, under laws for its protection.

And they have co-operated with them in all that has been demanded for the common prosperity and welfare of the confederacy, and have faithfully fulfilled all the obligations imposed upon them by the constitution, as coequal confederates.

They have now a high duty devolving on them: to require, in some certain manner, the other parties to do justice to the requirements of constitutional obligations. As much as Congress can do, they have a right to suppose will be done towards maintaining the common rights and claims of all the parties to the federal compact.

Your committee have not implicit confidence in the efficacy of the only measure which they have ventured to propose, and which will be found in the bill which they beg leave to submit.

That bill will, in general terms, contain provisions by which the penalties under the act of 1793 will be increased, and requiring all the marshals of the United States, wherever called on, and other federal officers, to give protection and aid to the owner, or his agent, of a fugitive slave in his efforts for the apprehension of such slaves as may effect their escape into a non-slaveholding State.

A BILL to provide for the more effectual execution of the third clause of the second section of the fourth article of the constitution of the United States.

Be it enacted by the S

States of America in Con

service or labor in any State or Te

of Representatives of the United That when a person held to ey of the United States, under the

laws of such State or Territory, shall escape into any other of the said States or Territories, the person to whom such service or labor may be due, his, or her agent, or attorney, is hereby empowered to seize or arrest such fugitive from service or labor, and to take him or her before any judge of the circuit or district courts of the United States, or before any commissioner, or clerk of such courts, or marshal thereof, or any postmaster of the United States, or collector of the customs of the United States, residing or being within such State wherein such seizure or arrest shall be made, and upon proof to the satisfaction of such judge, commissioner, clerk, marshal, postmaster, or collector, as the case may be, either by oral testimony, or affidavit taken before and certified by any person authorized to administer an oath under the laws of the United States, or of any State, that the person so seized or arrested under the laws of the State or 'i erritory from which he or she fled, owe service or labor to the person claiming him or her, it shall be the duty of such judge, commissioner, clerk, marshal, postmaster, or collector, to give a certificate thereof to such claimant, his or her agent, or attorney, which certificate shall be a sufficient warrant for taking and removing such fugitive from service or labor to the State or Territory from which he or she fled.

SEC. 2. And be it further enacted, That when a person held to service or labor, as mentioned in the first section of this act, shall escape from such service or labor, as therein mentioned, the person to whom such service or labor may be due, his or her agent, or attorney, may apply to any one of the officers of the United States named in said section, other than a marshal of the United States, for a warrant to seize and arrest such fugitive, and upon affidavit being made before such officer, (each of whom for the purposes of this act is hereby authorized to administer an oath or affirmation,) by such claimant, his or her agent, that such person does, under the laws of the State or Territory from which he or she fled, owe service or labor to such claimant, it shall be, and is hereby, made the duty of such officer, to and before whom such application and affidavit is made, to issue his warrant to any marshal of any of the courts of the United States to seize and arrest such alleged fugitive, and to bring him or her forth with, or on a day to be named in such warrant, before the officer issuing such warrant, or either of the other officers mentioned in said first section, except the marshal to whom the said warrant is directed, which said warrant or authority the said marshal is hereby authorized and directed in all things to obey.

SEC. 3. And be it further enacted, That upon affidavit made as aforesaid by the claimant of such fugitive, his agent or attorney, after such certificate has been issued, that he has reason to apprehend that such fugi. tive 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 circumstances may require. The said officer and his assistants while so employed to receive the same compensation, and to be allowed the same expenses, as are now allowed by law for trans. portation 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: Provided, That before such charges are incurred, the claimant, his agent, or attorney, shall secure to said officer payment of the same; and in case no actual force be opposed, then they shall be paid by such claimant, his agent or attorney.

SEC. 4. And be it further enacted, When a warrant shall have been issued by any of the officers under the second section of this act, and there shall be no marshal or deputy marshal within ten miles of the place where such warrant is issued, it shall be the duty of the officer issuing the same, at the request of the claimant, his agent, or attorney, to appoint some fit and discreet person, who shall be willing to act as marshal, for the purpose of executing said warrant; and such person so appointed shall, to the extent of executing such warrant, and detaining and transporting the fugitive named therein, have all the power and authority, and he, with his assistants, entitled to the same compensation and expenses provided in this act, in cases where the services are performed by the marshals of the courts.

SEC. 5. And be it further enacted, That any person who shall knowingly and willingly obstruct or hinder such claimant, his agent or attorney, or any person or persons assisting him, her, or them, in so serving or ar resting such fugitive from service or 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 aid, abet, or assist such person so owing service or labor to escape from such claimant, his agent or attorney, 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 one thousand 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, on account of, the said injuries, or either of them.

SEC. 6. And be it further enacted, That when said person is seized or arrested under, and by virtue of the said warrant, by such marshal, and is brought before either of the officers aforesaid, other than said marshal, it shall be the duty of such officer to proceed in the case of such person in the same way as he is directed and authorized to do when such person is seized and arrested by the person claiming him, or by his or her agent or attorney, and is brought before such officer under the provisions of the first section of this act.

AMENDMENTS intended to be proposed by Mr. MASON to the bill (S. 23) to provide for the more effectual execution of the third clause of the second section of the fourth article of the constitution of the United States.

At the end of section 5, add: "And any person or persons offending against the provisions of this section, to be moreover deemed guilty of a misdemeanor in obstructing the due execution of the laws of the United States, and upon conviction thereof shall be fined in the sum of one thousand dollars, one-half whereof shall be to the use of the informer; and shall also be imprisoned for the term of twelve months."

At the end of section 6, add: "And in no trial or hearing under this act shall the testimony of such fugitive be admitted in evidence."

1st Session.

No. 13.

IN SENATE OF THE UNITED STATES.

JANUARY 17, 1850.
Submitted, and ordered to be printed.

Mr. JONES made the following

REPORT:

[To accompany bill S. No. 56.]

The Committee on Pensions, to whom was referred the petition of John Le Roy, report:

That it appears from the testimony that John Le Roy was employed by the quartermaster's department of the army as an express rider in the military service during the war with Mexico; and that on a highly important emergency, when Colonel Erwin, of the Ohio volunteers, with a small force, was on the march to join General Taylor, previous to the battle of Buena Vista, he became shut up in the town of Marin, surrounded by a large body of the enemy; and it became highly important to convey intelligence to that officer of the determination to send a force to his relief the next morning, however hazardous the duty of conveying such intelligence might be; and it is in evidence from Captain Montgomery, under whose orders John Le Roy served, that he "promptly volunteered, and after gallantly running the gauntlet, was fired upon while entering. the town by our own sentinel, and wounded in such manner as to render immediate amputation of his left arm necessary." When it is considered that Le Roy so nobly assumed so responsible a duty and so imminent a risk, and so gallantly performed this duty, penetrating the enemy's encampment and lines, and, being hotly pursued into the American camp, instead of receiving relief from pursuit, was, by the American sentinel, taken for one of the enemy, who were then close upon him, and cruelly shot by an American ball, the committee consider this a highly meritorious case; and being recommended to the favorable consideration of the government by the highest military authority then in command of the quartermaster's department and of the army in that part of the enemy's country, the committee have no hesitation in reporting a bill for the relief of John Le Roy, and in recommending its pas-. sage.