The Condition, Elevation, Emigration, and Destiny of the Colored People of the United StatesDelany, Martin Robison
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The Condition, Elevation, Emigration, and Destiny of the Colored People of the United States
Delany, Martin Robison
African Americans
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 the 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
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