Section 1. United
States Commissioners "authorized and
required to exercise and discharge all the
powers and duties conferred by this act."
Section. 2. Commissioners for the
Territories to be appointed by the Superior
Court of the same.
Section. 3. United States Circuit
Courts, and Superior Courts of Territories,
required to enlarge the number of
Commissioners, "with a view to afford
reasonable facilities to reclaim fugitives
from labor," &c.
Section. 4. Commissioners put on the
same footing with Judges of the United
States Courts, with regard to enforcing the
Law and its penalties.
Section. 5. United States Marshals
and deputy marshals, who may refuse to act
under the Law, to be fined One Thousand
dollars, to the use of the claimant. If a
fugitive escape from the custody of the
Marshal, the Marshal to be liable for his
full value. Commissioners authorized to
appoint special officers, and to call out
the posse comitatus, &c.
Section. 6. The claimant of any
fugitive slave, or his attorney, "may pursue
and reclaim such fugitive person," either by
procuring a warrant from some judge or
commissioner, "or by seizing and arresting
such fugitive, where the same can be done
without process;" to take such fugitive
before such judge or commissioner, "whose
duty it shall be to hear and determine the
case of such claimant in a summary manner,"
and, if satisfied of the identity of the
prisoner, to grant a certificate to said
claimant to "remove such fugitive person
back to the State or Territory from whence
he or she may have escaped,"—using "such
reasonable force or restraint as may be
necessary under the circumstances of the
case." "In no trial or hearing under this
act shall the testimony of such alleged
fugitive be admitted in evidence." All
molestation of the claimant, in the removal
of his slave, "by any process issued by any
court, judge, magistrate, or other person
whomsoever," to be prevented.
Section. 7. Any person obstructing
the arrest of a fugitive, or attempting his
or her rescue, or aiding him or her to
escape, or harboring and concealing a
fugitive, knowing him to be such, shall be
subject to a fine of not exceeding one
thousand dollars, and to be imprisoned not
exceeding six months, and shall also
"forfeit and pay the sum of one thousand
dollars for each fugitive so lost."
Section. 8. Marshals, deputies,
clerks, and special officers to receive
usual fees; Commissioners to receive ten
dollars, if fugitive is given up to
claimant; otherwise, five dollars; to be
paid by claimant.
Section. 9. If claimant make
affidavit that he fears a rescue of such
fugitive from his possession, the officer
making the arrest to retain him in custody,
and "to remove him to the State whence he
fled." Said officer "to employ so many
persons as he may deem necessary." All,
while so employed, be paid out of the
Treasury of the United States.
Section. 10. [This Section provides
an additional and wholly distinct method for
the capture of a fugitive; and, it may be
added, one of the loosest and most
extraordinary that ever appeared on the
pages of Statute book.] Any person, from
whom one held to service or labor has
escaped, upon making "satisfactory proof" of
such escape before any court of record, or
judge thereof in vacation—a record of matter
so proved shall be made by such court, or
judge, and also a description of the person
escaping, "with such convenient certainty as
may be;"—a copy of which record, duly
attested, "being produced in any other
State, Territory, or District," and "being
exhibited to any judge, commissioner, or
other officer authorized," &c. "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;"
when, on satisfactory proof of identity, "he
or she shall be delivered up to the
claimant." "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."
The Fugitive Slave Law, and its Victims, 1856