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قراءة كتاب Speeches, Addresses, and Occasional Sermons, Volume 3 (of 3)

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Speeches, Addresses, and Occasional Sermons, Volume 3 (of 3)

Speeches, Addresses, and Occasional Sermons, Volume 3 (of 3)

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دار النشر: Project Gutenberg
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fled.

"Sec. 2. And be it further enacted, That when a person held to service or labor, as mentioned in the first section of this act, shall escape from such service or labor, therein mentioned, the person to whom such service or labor may be due, his or her agent or attorney, may apply to any one of the officers of the United States named in said section, other than a marshal of the United States, for a warrant to seize and arrest such fugitive; and upon affidavit being made before such officer (each of whom, for the purposes of this act, is hereby authorized to administer an oath or affirmation), by such claimant, his or her agent, that such person does, under the laws of the State or territory from which he or she fled, owe service or labor to such claimant, it shall be and is hereby made the duty of such officer, to and before whom such application and affidavits are made to issue his warrant to any marshal of any of the courts of the United States, to seize and arrest such alleged fugitive, and to bring him or her forthwith, or on a day to be named in such warrant, before the officer issuing such warrant, or either of the other officers mentioned in said first section, except the marshal to whom the said warrant is directed, which said warrant or authority, the said marshal is hereby authorized and directed in all things to obey.

"Sec. 3. And be it further enacted, That upon affidavit made as aforesaid, 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: Provided, That before such charges are incurred, the claimant, his agent, or attorney, shall secure to said officer payment of the same, and in case no actual force be opposed, then they shall be paid by such claimant, his agent or attorney.

"Sec. 4. And be it further enacted, When a warrant shall have been issued by any of the officers under the second section of this act, and there shall be no marshal or deputy marshal within ten miles of the place where such warrant is issued, it shall be the duty of the officer issuing the same, at the request of the claimant, his agent, or attorney, to appoint some fit and discreet person, who shall be willing to act as marshal, for the purpose of executing said warrant; and such persons so appointed shall, to the extent of executing such warrant, and detaining and transporting the fugitive named therein, have all the power and the authority, and he, with his assistants, entitled to the same compensation and expenses, provided in this act, in cases where the services are performed by the marshals of the courts.

"Sec. 5. And be it further enacted, That any person who shall knowingly and wilfully obstruct or hinder such claimant, his agent, or attorney, or any person or persons assisting him, her or them, in so serving or arresting such fugitive from service or labor, 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 aid, abet, or assist such person so owing service or labor, to escape from such claimant, his agent, or attorney, or shall harbor or conceal such person, after notice that he or she was a fugitive from labor, as aforesaid, shall, for either of the said offences, forfeit and pay the sum of one thousand 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 labor or service, his right of action for, on account of, the said injuries, or either of them.

"Sec. 6. And be it further enacted, That when such person is seized and arrested, under and by virtue of the said warrant, by such marshal, and is brought before either of the officers aforesaid, other than said marshal, it shall be the duty of such officer to proceed in the case of such person, in the same way that he is directed and authorized to do, when such person is seized and arrested by the person claiming him, or by his or her agent, or attorney, and is brought before such officer or attorney, under the provisions of the first section of this act."

This is the bill known as "Mason's Bill," introduced by Mr. Butler of South Carolina, on the 16th of January last. This is the bill which Mr. Webster proposes to support, "with all its provisions to the fullest extent." It is a Bill of abominations, but there are "some amendments to it," which modify the bill a little. Look at them. Here they are. The first provides in addition to the fine of one thousand dollars for aiding and abetting the escape of a fugitive, for harboring and concealing him, that the offender "shall also be imprisoned twelve months." The second amendment is as follows—"And in no trial or hearing under this act shall the testimony of such fugitive be admitted in evidence."

These are Mr. Mason's amendments, offered on the twenty-third of last January. This is the bill, "with some amendments," which Mr. Webster says, "I propose to support, with all its provisions, to the fullest extent." Mr. Seward's bill was also before the Senate—a bill granting the fugitive slave a trial by jury in the State where he is found, to determine whether or not he is a slave. Mr. Webster says not a word about this bill. He does not propose to support it.

Suppose the bill of Mr. Webster's friend shall pass Congress, what will the action of it be? A slave-hunter comes here to Boston, he seizes any dark-looking man that is unknown and friendless, he has him before the postmaster, the collector of customs, or some clerk or marshal of some United States court, and makes oath that the dark man is his slave. The slave-hunter is allowed his oath. The fugitive is not allowed his testimony. The man born free as you and I, on the false oath of a slave-hunter, or the purchased affidavit of some one, is surrendered to a southern State, to bondage life-long and irremediable. Will you say, the postmaster, the collector, the clerks and marshals in Boston would not act in such matters? They have no option; it is their official business to do so. But they would not decide against the unalienable rights of man—the right to life, liberty, and the pursuit of happiness. That may be, or may not be. The slave-hunter may have his "fugitive" before the collector of Boston, or the postmaster of Truro, if he sees fit. If they, remembering their Old Testament, refuse to "bewray him that wandereth," the slave-hunter may bring on his officer with him from Georgia or Florida; he may bring the custom-house officer from Mobile or Wilmington, some little petty postmaster from a town you never heard of in South Carolina or Texas, and have any dark man in Boston up before that "magistrate," and on his decision have the fugitive carried off to Louisiana or Arkansas, to bondage for ever. The bill provides that the trial may be had before any

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