The Fugitive Slave Law was enacted by Congress in September,1850, received the signature of HOWELL COBB, [of Georgia,] asSpeaker of the House of Representatives, of WILLIAM R. KING,[of Alabama,] as President of the Senate, and was "approved,"September 18th, of that year, by MILLARD FILLMORE,Acting President of the United States.
The authorship of the Bill is generally ascribed to James M.Mason, Senator from Virginia. Before proceeding to the principalobject of this tract, it is proper to give a synopsis of the Act itself,which was well called, by the New York Evening Post, "An Actfor the Encouragement of Kidnapping." It is in ten sections.
SYNOPSIS OF THE LAW.
SECTION 1. United States Commissioners "authorized and requiredto exercise and discharge all the powers and duties conferredby this act."
SECT. 2. Commissioners for the Territories to be appointed by theSuperior Court of the same.
SECT. 3. United States Circuit Courts, and Superior Courts ofTerritories, required to enlarge the number of Commissioners,"with a view to afford reasonable facilities to reclaim fugitivesfrom labor," &c.
SECT. 4. Commissioners put on the same footing with Judgesof the United States Courts, with regard to enforcing the Law andits penalties.
SECT. 5. United States Marshals and deputy marshals, who mayrefuse to act under the Law, to be fined One Thousand dollars, tothe use of the claimant. If a fugitive escape from the custody ofthe Marshal, the Marshal to be liable for his full value. Commissionersauthorized to appoint special officers, and to call out theposse comitatus, &c.
SECT. 6. The claimant of any fugitive slave, or his attorney,"may pursue and reclaim such fugitive person," either by procuringa warrant from some judge or commissioner, "or by seizingand arresting such fugitive, where the same can be done withoutprocess;" to take such fugitive before such judge or commissioner,"whose duty it shall be to hear and determine the case of suchclaimant in a summary manner," and, if satisfied of the identity ofthe prisoner, to grant a certificate to said claimant to "removesuch fugitive person back to the State or Territory from whence heor she may have escaped,"—using "such reasonable force or restraintas may be necessary under the circumstances of the case.""In no trial or hearing under this act shall the testimony of suchalleged fugitive be admitted in evidence." All molestation of theclaimant, in the removal of his slave, "by any process issued byany court, judge, magistrate, or other person whomsoever," to beprevented.
SECT. 7. Any person obstructing the arrest of a fugitive, orattempting his or her rescue, or aiding him or her to escape, orharboring and concealing a fugitive, knowing him to be such, shallbe subject to a fine of not exceeding one thousand dollars, and tobe imprisoned not exceeding six months, and shall also "forfeitand pay the sum of one thousand dollars for each fugitive so lost."
SECT. 8. Marshals, deputies, clerks, and special officers to receiveusual fees; Commissioners to receive ten dollars, if fugitiveis given up to claimant; otherwise, five dollars; to be paid byclaimant.
SECT. 9. If claimant make affidavit that he fears a rescue of suchfugitive from his possession, the officer making the arrest to retainhim in custody, and "to remove him to the State whence he fled."Said officer "to e