This Appendix contains all the important bills, acts, and treaties from the foundation of the Constitution to 1860. Many minor propositions may be found through the foot-notes to the text of Chapter II. The figures in brackets [] refer back to the text of the monograph.

Treaties and First Act.

1. Fugitive clause in treaty with the Delawares.

1778, Aug. 7. Art. IV. "And it is further agreed between the parties aforesaid, that neither shall entertain or give countenance to the enemies of the other, or protect in their respective States, criminal fugitives, servants, or slaves, but the same to apprehend, and secure and deliver to the State or States to which such enemies, criminals, servants, or slaves respectively belong."—Statutes at Large, VII. 14.

2. Fugitive clause in the treaty of peace. [§§13, 22.]

1782-83. 1782, Nov. 13. Provisional articles. 1783, Sept. 3. Definitive treaty. "His Britannic Majesty shall, with all convenient speed, and without causing any destruction, or carrying away any negroes or other property of the American inhabitants, withdraw all his armies, garrisons, and fleets from the said United States."—Treaties and Conventions, ed. of 1889, pp. 372, 378.

3. Fugitive clauses in Indian treaties. [§13.]

1784-86. 1784, Oct. 22. Treaty with the Six Nations, Art. I.

1785,Jan.21. Treaty with the Wyandots, etc. Art. I. "All the prisoners white and black" taken by the Indians "shall be delivered up" or "restored."—Statutes at Large, VII. 15, 16.

4. Fugitive clause in King's ordinance. [§14.]

1785, April 6. Report of the Committee on Government of the Western Territory. "Provided that always, upon the escape of any person into any of the States described in the resolve of Congress of the twenty-third day of April, 1784, from whom labor or service is lawfully claimed in any one of the thirteen original States, such fugitive might be lawfully reclaimed and carried back to the person claiming his labor or service, this resolve notwithstanding."—Papers of Old Congress, XXI. 331, cited in Bancroft, History of the United States (last Revision), VI. 133.

5. Fugitive clauses in Indian treaties. [§13.]

1785, Nov. 28. Treaty with the Cherokees, Art. I.

1786,Jan.3. Treaty with the Choctaws, Art. I.

1786,Jan.10. Treaty with the Chickasaws, Art. I.

Identical clauses. The Indians "to restore all the Negroes and all other property taken during the late war."

1786, June 31. Treaty with the Shawanees. Art. I. "All prisoners white and black taken in the late war from among the citizens of the United States by the Shawanee nation shall be restored."—Statutes at Large, VII. 18, 21, 25, 26.

6. Fugitive clause in Northwest Ordinance of 1787. [§14]

1787, July 13. Art. VI. "There shall be neither slavery nor involuntary servitude in the said Territory, otherwise than in the punishment of crimes, whereof the party shall have been duly convicted; provided, always, that any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service aforesaid." Read first time, July 11, 1787. Passed July 13, 1787.—0 Journals of Congress, XII. 84, 92.

7. Fugitive clause in the Constitution. [§15.]

1787, Sept. 13. Art. IV. §2. "No person held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due."—Revised Statutes of the United States, I. 18.

8. Clauses for returning fugitives in Indian treaties.

1789, Jan. 7. Treaty with the Wiandots, etc. Art. I. "The said nations agree to deliver up all the prisoners now in their hands (by what means soever they may have come into their possession)."—Statutes at Large, VII. 28.

1790-91. 1790, Apr. 7. Treaty with the Creeks. Art. III. "The Creek Nation shall deliver ... all citizens of the United States, white inhabitants or negroes, who are now prisoners in any part of the said nation. And if any such prisoners or negroes should not be delivered on or before the first day of June next ensuing, the governor of Georgia may empower three persons to repair to the said nation, in order to claim and receive such prisoners and negroes."—Statutes at Large, VII. 35.

1791, July 2. Treaty with the Cherokees. Art. III. All prisoners to be yielded up on both sides.—Statutes at Large, VII. 36.

9. First Fugitive Slave Act.

1793, Feb. 12. An Act respecting fugitives from justice and persons escaping from the service of their masters.

"Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever the executive authority of any state in the Union, or of either of the territories northwest or south of the river Ohio, shall demand any person as a fugitive from justice, of the executive authority of any such state or territory to which such person shall have fled, and shall moreover produce 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.

"Sec. 2. And be it further enacted, 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. And be it also enacted, That when a person held to labour 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 labour or service may be due, his agent or attorney, is hereby empowered to seize or arrest such fugitive from labour, 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, 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 labour to the person claiming him or her, it shall be the duty of such judge or magistrate to give a certificate thereof to such claimant, his agent or attorney, which shall be sufficient warrant for removing the said fugitive from labour, to the state or territory from which he or she fled.

"Sec. 4. And be it further enacted, That any person who shall knowingly and willingly obstruct or hinder such claimant, his agent or attorney, in so seizing or arresting such fugitive from labour, 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 labour, 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 labour or service, his right of action for or on account of the said injuries or either of them."—0 Statutes at Large, I. 302-305.

Bills and Propositions.

10. Abstract of amendatory bill on fugitives. [§19.]

1801, Dec. 18. "The bill contemplates inflicting a penalty of five hundred dollars on any person harboring, concealing, or employing runaway slaves. Every person employing a black person, unless he had a certificate with a county seal to it, or signed by a justice of the peace, would be liable to the penalty."

1802, Jan. 15. A motion was made to strike out the second section of the bill, which would create therein and inflict the penalty for employing a person of color who has not a certificate of his freedom. Motion not carried.—7 Cong. 1 Sess., Annals of Congress, H. of R., 423.

11. Restoration of slaves by Indian treaties. [§22.]

1814, Aug. 9. Treaty with the Creeks. Art. III. "The United States demand that a surrender be immediately made of all the persons and property taken from the citizens of the United States ... to the respective owners."—Treaties and Conventions.

12. Fugitive slave clause in the Treaty of Ghent. [§22].

1814, Dec. 24. Art. I. "All territory, etc. shall be restored without delay, and without causing any destruction or carrying away any artillery, ... or any slaves or other private property."—Treaties and Conventions.

13. Amendments proposed to Pindall's bill. [§20]

1818, Jan. 29. "Resolved, That the said bill be referred to the committee to whom was referred the memorial of the annual meeting of the Society of Friends, of Baltimore, with instructions to inquire into the expediency of so amending the said bill as to guard more effectually against infringement of the rights of free negroes and other persons of color." Introduced by Mr. Rich. Resolution not accepted.—House Journal 15 Cong. 1 Sess., 193; Annals of Congress, 15 Cong. 1 Sess., 830.

To change the bill materially "by making judges of the State in which the apprentices, slaves, etc. are seized, the tribunal to decide the fact of slavery, instead of the judges of the States whence the fugitives have escaped." Introduced by Mr. Sergeant. Amendment not accepted.—Annals of Congress, 15 Cong. 1 Sess., 830.

"Mr. Rich made several successive attempts to procure amendments to the bill, relaxing some of its provisions, which were successively negatived."—Annals of Congress, 15 Cong. 1 Sess., 830.

14. Provision for delivery on executive requisition. [§20.]

1818, March 11. Mr. Daggett moved to strike out the following section of the bill: "Sec. 6. And be it further enacted, that whenever the Executive authority of any State in the Union, or of either of the Territories thereof, shall, for or in behalf of any citizen or inhabitant of such State or Territory, demand any fugitive slave of the Executive authority of any State or Territory, to which such slave shall have fled, and shall moreover produce a certificate, issued pursuant to the first section of this act, it shall be the duty of the Executive authority of the State or Territory to which such fugitive 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 such fugitive to be delivered to the said agent, on the confine or boundary of the State or Territory in which said arrest shall be, and in the most usual and direct route to the place from whence the said fugitive shall have escaped; and the reasonable expense of such arrest, detention, and delivery of such fugitive shall be paid by the said agent." Amendment determined in the negative.—Senate Journal, 15 Cong. 1 Sess., 227, 228; Annals of Congress, 15 Cong. 1 Sess., 259.

15. Proposed limitation to four years. [§20.]

1818, May 10. Mr. Lacock moved to amend by adding the following: "Sec.—. And be it further enacted that this law shall be and remain in force for the term of four years, and no longer." The Senate being equally divided, the President determined the question in the affirmative.—Senate Journal, 15 Cong. 1 Sess., 228; Annals of Congress, 15 Cong. 1 Sess., 259.

16. Fugitive Slave clause in the Missouri Compromise. [§21.]

1820, March 19. The Missouri Compromise provided "that any persons 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."—Annals of Congress, 16 Cong. 1 Sess., 1469, 1587.

17. Investigation into the Pennsylvania Act. [§21.]

1820, April 3. Mr. Pindall introduced the following resolution: "Resolved, That the Secretary of State be instructed to procure and transmit to this House, as soon as practicable, a copy of such late act or acts of the Pennsylvania Legislature as prohibit or restrain the justices, aldermen, or other magistrates or officers of that State from interposing in the apprehension or surrender of fugitive slaves."—House Journal, 16 Cong. 1 Sess., 371; Annals of Congress, 16 Cong. 1 Sess., 1717.

Mr. Tarr moved to amend as follows: "Provided, any such act or acts shall have been passed." Resolution and amendment agreed to.—House Journal, 16 Cong. 1 Sess., 371; Annals of Congress, 16 Cong. 1 Sess., 1717.

1820, April 18. Ordered, That the letter from the Secretary of State with the Act of the Pennsylvania Legislature accompanying it, "be committed to the committee appointed 18th of March to inquire into the expediency of providing by law for reclaiming persons held to service or labor in one State, and escaping therefrom into another."—House Journal, 16 Cong. 1 Sess., 427; Annals of Congress, 16 Cong. 1 Sess., 1863.

18. Maryland resolutions protesting against Pennsylvanians. [§21.]

1821, Dec. 17. "Mr. Wright laid before the House an attested copy of a resolution passed by the General Assembly of the State of Maryland, complaining of the protection offered by the citizens of Pennsylvania to the slaves of the citizens of Maryland, who abscond and go into that State, and declaring that it is the duty of Congress to enact such a law as will prevent a continuance of the evils complained of; which resolution was referred to the Committee on the Judiciary."—House Journal, 17 Cong. 1 Sess., 62; Annals of Congress, 17 Cong. 1 Sess., 553.

19. Assumption of claims on Indians for fugitives. [§22.]

1832, May 9. Treaty with the Seminoles, Art. VI. "The Seminoles being anxious to be relieved from repeated vexatious demands for slaves and other property alleged to have been stolen and destroyed by them, so that they may remove unembarrassed to their new homes, the United States stipulate to have the same property investigated, and to liquidate such as may be satisfactorily established, provided the amount does not exceed seven thousand (7,000) dollars."—Statutes at Large, VII. 369.

20. Calhoun's resolution on the status of slaves on the high seas. [§24.]

1840, April 15. "Resolved, That a ship or vessel on the high seas, in time of peace, engaged in a lawful voyage, is, according to the laws of nations, under the exclusive jurisdiction of the State to which her flag belongs; as much so as if constituting a part of its own domain.

"Resolved, That if such ship or vessel should be forced by stress of weather, or other unavoidable cause, into the port, and under the jurisdiction of a friendly power, she and her cargo, and persons on board, with their property, and all the rights belonging to their personal relations, as established by the laws of the State to which they belong, would be placed under the protection which the laws of nations extend to the unfortunate under such circumstances.

"Resolved, That the brig Enterprise, which was forced unavoidably by stress of weather into Port Hamilton, Bermuda Island, while on a lawful voyage on the high seas from one port of the Union to another, comes within the principles embraced in the foregoing resolutions; and that the seizure and detention of the negroes on board by the local authority of the island, was an act in violation of the laws of nations, and highly unjust to our own citizens, to whom they belong."—Cong. Globe, 26 Cong. 1 Sess., 327.

21. Woodbridge resolution on extradition of slaves. [§23]

1841, Dec. 22. Mr. Woodbridge submitted the following resolution, which was considered, and by unanimous consent agreed to.

"Resolved, That the Committee on Foreign Relations inquire into the expediency of entering into some arrangement with the Government of Great Britain, reciprocal in its provisions, for the arrest of fugitives escaping over the Northern or Western boundary of the United States, charged with the commission of any crime or crimes, and for the surrender of such fugitives upon reasonable requisition to the authorities of the State or province from which such fugitives may have fled: Provided, such arrangements do not comprehend cases of political offences merely, but be restricted to those which are in themselves criminal." No action taken.—Senate Journal, 27 Cong. 2 Sess., 47; Cong. Globe, 27 Cong. 2 Sess., 48.

Prigg Decision. Resolutions.

22. Significant extracts from the Prigg decision. [§25.]

1842. "Upon this ground we have not the slightest hesitation in holding that, under and in virtue of the Constitution, the owner of a slave is clothed with entire authority, in every state in the Union, to seize and recapture his slave, whenever he can do it without any breach of the peace, or any illegal violence."

"The clause is found in the national Constitution, and not in that of any state. It does not point out any state functionaries, or any state actions to carry its provisions into effect. The states cannot, therefore, be compelled to enforce them; and it might well be deemed an unconstitutional exercise of the power of interpretation, to insist that the states are bound to provide means to carry into effect the duties of the national government nowhere delegated or intrusted to them by the Constitution."

"If this be so, then it would seem, upon just principles of construction, that the legislation of Congress, if constitutional, must supersede all state legislation upon the same subject; and by necessary implication prohibit it."

"As to the authority so conferred upon state magistrates, while a difference of opinion has existed, and may exist still on the point, in different states, whether state magistrates are bound to act under it; none is entertained by this Court that state magistrates may, if they choose, exercise that authority, unless prohibited by state legislation."—16 Peters, Justice Story's Opinion, 608.

23. Giddings's resolutions on the status of slaves on the high seas. [§24.]

1842, March 21. "Resolved, That when a ship belonging to the citizens of any State of this Union leaves the waters and territory of such State, and enters upon the high seas, the persons on board cease to be subject to the slave laws of such State, and thenceforth are governed in their relations to each other by, and are amenable only to, the laws of the United States.

"Resolved, That when the brig Creole, on her late voyage for New Orleans, left the territorial jurisdiction of Virginia, the slave laws of that State ceased to have jurisdiction over the persons on board said brig, and such persons became amenable only to the law of the United States.

"Resolved, That the persons on board the said ship, in reserving their natural rights of personal liberty, violated no law of the United States, incurred no legal penalty, and are justly liable to no punishment."—Cong. Globe, 27 Cong. 2 Sess., 324.

24. Benton's resolution on slaves escaping to Canada. [§23.]

1844, Jan. 29. Mr. Benton presented the following resolution:—

"Resolved, That the President be requested to communicate to the Senate the information, if any, which may be in the Department of State, in relation to slaves committing crimes and escaping from the United States to the British dominions since the ratification of the treaty of 1842, and the refusal of the British authorities to give them up. Also, that he communicate to the Senate the information, if any such is possessed by him, of the construction which the British government puts upon the said article in relation to slaves committing crimes in the United States and taking refuge in the British dominions."—Congressional Record, 28 Cong. 1 Sess., 206.

25. Giddings's resolution for the abolition of the slave trade in the District of Columbia. [§28.]

1848, Jan. 17. Mr. Giddings described the seizure of a colored man employed as waiter in a colored boarding-house in Washington. He then offered the following resolution:—

"Resolved, That a select committee of five members be appointed to inquire into and report upon facts aforesaid; also as to the propriety of repealing such acts of Congress as sustain or authorize the slave trade in this District, or to remove the seat of the Government to some free State." Resolution laid on the table.—House Journal, 30 Cong. 1 Sess., 250; Cong. Globe, 30 Cong. 1 Sess., 179.

26. Hall's repeal resolution for the District of Columbia. [§28.]

1848, Feb. 28. Mr. Nathan K. Hall offered the following preamble and resolutions, which were read, and, debate arising thereon, it was laid over under the rule, viz.:—

"Preamble.... Resolved, That the Committee on the Judiciary be, and they are hereby, directed to report to this House with all convenient speed a bill repealing all laws of Congress, and abrogating, so far as they are operative or in force in the District of Columbia all the laws in the State of Maryland which authorize or require the courts, officers, or magistrates of the United States, or of the said District, within the District of Columbia to issue process for arrest, or commit to the jail of the said District any runaway or other slave or fugitive from service," etc. Resolution laid over under the rule.—House Journal, 30 Cong. 1 Sess., 450, 453; Cong. Globe, 30 Cong. 1 Sess., 390.

Resolutions. Bill of 1850.

27. Giddings's resolution inquiring into the condition of the District of Columbia jail. [§28.]

1848, April 18. Mr. Giddings introduced the following resolution:—

"Whereas, more than eighty men, women, and children, are said to be now confined in the prison of the District of Columbia without being charged with crime or any impropriety other than an attempt to enjoy that liberty for which our fathers encountered toil, suffering, and death itself, and for which the people of many European governments are now struggling; And whereas said prison was erected, and is now sustained, by funds contributed by the people of the free as well as of the slave States, and is under the control of the laws and officers of the United States:

"And whereas, such practice is derogatory to our national character, incompatible with the duty of a civilized and Christian people, and unworthy of being sustained by an American Congress: Therefore, Be it resolved, That a select committee of five members of this body be appointed to inquire into and report to this House by what authority said prison is used for the purpose of confining persons who have attempted to escape from slavery, with leave to report what legislation is proper in regard to said practice. Resolved, further, that said committee be authorized to send for persons and papers." Objections being made, the motion was not received.—Cong. Globe, 30 Cong. 1 Sess., 641.

28. Giddings's resolution on the jail in the District of Columbia. [§28.]

1848, April 21. Mr. Giddings visited the jail in the District of Columbia for the purpose of interviewing the persons confined there on charge of carrying away slaves from this District. He was then mobbed and his life endangered.

"Resolved, That a committee of five members be appointed to investigate and report to this House respecting the points alluded to in the above statement, and that said committee be authorized to send for persons and papers, and to sit during the session of the House."—Cong. Globe, 30th Cong. 1 Sess., 664.

29. Meade's resolution on more effectual enforcement of the constitutional article on fugitive slaves. [§27.]

1849, Jan. 8. Mr. Meade moved that the rules be suspended to enable him to offer the following resolution:—

"Preamble. Whereas it is the duty of the Congress of the United States to enact all laws necessary to enforce such provisions of the Constitution as were intended to protect the citizens of the several States in their rights of property, and past experience has proved that laws should be passed by Congress to enforce the second section of the fourth article of the Constitution, which requires that persons held to labor in one State, escaping into another, shall be delivered up on claim of the party to whom such labor may be due; therefore, Resolved, That the Committee on the Judiciary is hereby instructed to report a bill to this House, providing effectually for the apprehension and delivery of fugitives from labor who have escaped, or may hereafter escape, from one State into another." Rules not suspended.—House Journal, 30 Cong. 3 Sess., 213; Cong. Globe, 30 Cong. 2 Sess., 188.

30. Legislative history of the Fugitive Slave Act. [Jan. 3 to Sept. 18, §29.]

1850, Jan. 3. Mr. Mason of Virginia gave notice of his intention to introduce a bill.—Cong. Globe, 99.

Jan. 4. Senate bill No. 23 introduced by Mason, read twice, ordered printed, and referred to the Committee on the Judiciary.—Senate Journal, 54; Globe, 103.

Jan. 16. Bill reported favorably by Butler from the committee, ordered printed, and made a special order for Jan. 23.—Senate Journal, 88; Globe, 171; Senate Reports, I. No. 12.

Jan. 22. Debate begun. Mason offered an amendment which made the fine for any obstruction of the workings of the act one thousand dollars, and refused to allow the testimony of a fugitive.—Globe, 210.

Jan. 23, 24. Bill taken up and debated.—Senate Journal, 104, 110; Globe, 220, 228; Globe App. 79, 83.

Jan. 28. Seward presented an amendment, which allowed the right of trial by jury, and punished judges who should disallow the writ of habeas corpus.—Senate Journal, 117; Globe, 233-237.

Jan. 29. Clay introduced, as a part of his compromise resolutions, a declaration that a more effective fugitive slave act should be passed.—Senate Journal, 118; Globe, 247.

Jan. 31. Mason offered a substitute for the bill already before the Senate. It was laid on the table, and ordered to be printed.—Globe, 270.

June 3. Webster brought in an amendatory bill.—Senate Journal, 370; Globe, 1111.

Aug. 15. The debate was again opened, and made the special order for Aug. 19—Senate Journal, 560; Globe, 1588.

Aug. 19. Mason offered as an amendment a substitute for the bill already before the Senate.—Senate Journal, 564; Globe, 1605; Globe App., 1582.

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 substitute was agreed to.—Senate Journal, 568; Globe, 1616; Globe App., 1591.

An amendment to Mason's substitute 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 substitute, 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 title to make it an act supplementary to that of 1793, the bill was passed, and sent to the House.—Senate Journal, 583; Globe, 1660.

Sept. 12. In the House it was read a first and second time by title. Thompson of Pennsylvania moved to put it on its passage, 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 passed, 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.

Second Fugitive Slave Act.

31. Second Fugitive Slave Act. [§§29, 30.]

1850, Sept. 18. "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.

"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 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, entitled '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 assent 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 Constitution 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 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 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 identity 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 circumstances 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 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 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 entitled 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 entitled 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 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 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 identity 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.

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 passed at the last session of Congress, entitled '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 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, entitled, "An Act to amend, and supplemental to, the act entitled, '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 instituted and to be instituted, 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 instituted and prosecuted to final judgment and execution as if the said act of Sept. 18, 1850, had not been passed."—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 Constitution, 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 Constitution 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.

36. Jackson's resolution affirming the Compromise.

1852, March 22. "Resolved, That we recognize the binding efficacy of the compromises of the Constitution, 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 them out,—the provision for the delivery of fugitive slaves, and the act of the last Congress for that purpose included,—and that we deprecate all further agitation of questions growing out of that provision, of the questions embraced in the acts of the last Congress known as the Compromise, and of questions generally connected with the institution of slavery as unnecessary, useless, and dangerous." Resolution, as amended by Mr. Hillyer below, agreed to.—House Journal, 32 Cong. 1 Sess., 550; Cong. Globe, 32 Cong. 1 Sess., 825.

37. Hillyer's finality resolution.

1852, April 5. Mr. Hillyer moved the following resolution: "Resolved, That the series of acts passed during the first session of the Thirty-first Congress, known as the compromise, are recorded as a final adjustment, and a permanent settlement of the questions there embraced, and should be maintained and executed as such." Resolution agreed to, April 6, 1852.—House Journal, 32 Cong. 1 Sess., 548; Cong. Globe, 32 Cong. 1 Sess., 979.

38. Chase's resolution of inquiry into payments under act of 1850.

1852, June 3. Mr. Chase submitted the following resolution: "Resolved, That the Secretary of the Interior be directed to communicate to the Senate statements, showing in detail the expenses incurred and claims made under the Act to amend and supplemental to the 'Act respecting fugitives from justice and persons escaping from the service of their masters,' distinguishing the expenses incurred and claimed by reason of prosecutions for treasons, alleged to have been committed in resistance of said act from expenses incurred and claimed by reason of other prosecutions for offending against said act, and for proceedings before and under orders made by committee." No action taken.—Senate Journal, 32 Cong. 1 Sess., 450; Cong. Globe, 32 Cong. 1 Sess., 1519.