Fugitive Slaves (1619-1865)McDougall, Marion Gleason
History
Fugitive Slaves (1619-1865)
McDougall, Marion Gleason
Fugitive slaves -- United States; Slavery -- Law and legislation -- United States
"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
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