18 Sept. 1850. sioners, with a view to afford reasonable facilities to reclaim fugitives from labor, and to the prompt discharge of the duties imposed by this act.

Ibid. 24.

To have jurisdic tion to grant cer

tificates for removal of fugitives.

Ibid. 5. Duties of marshals, &c.

lect.

escape.

Commissioners

6. The commissioners above named shall have concurrent jurisdiction with the judges of the circuit and district courts of the United States, in their respective circuits and districts within the several states, and the judges of the superior courts of the territo ries, severally and collectively, in term time and vacation; and shall grant certificates to such claimants, upon satisfactory proof being made, with authority to take and remove such fugitives from service or labor, under the restrictions herein contained, to the state or territory from which such persons may have escaped or fled.

7. It shall be the duty of all marshals and deputy marshals to obey and execute all warrants and precepts issued under the provisions of this act, when to them directed; (a) and should any marshal or deputy marshal refuse to receive such warrant, or other proPenalty for neg- cess, when tendered, or to use all proper means diligently to execute the same, he shall, on conviction thereof, be fined in the sum of one thousand dollars, to the use of such claimant, on the motion of such claimant, by the circuit or district court for the district Liability for an of such marshal; and after arrest of such fugitive, by such marshal or his deputy, or whilst at any time in his custody under the provisions of this act, should such fugitive escape, whether with or without the assent of such marshal or his deputy, such marshal shall be liable, on his official bond, to be prosecuted for the benefit of such claimant, for the full value of the service or labor of said fugitive in the state, territory or district whence he escaped; and the better to enable the said commissioners, when thus apsons to execute pointed, to execute their duties faithfully and efficiently, in conformity with the require ments of the constitution of the United States and of this act, they are hereby authorized and empowered, within their counties respectively, to appoint, in writing under their hands, any one or more suitable persons, from time to time, to execute all such warrants and other process as may be issued by them in the lawful performance of their respective duties; with authority to such commissioners, or the persons to be appointed by them, to execute process as aforesaid, to summon and call to their aid the bystanders, or posse comitatus of the proper county, (b) when necessary to insure a faithful observance of the clause of the constitution referred to, in conformity with the provisions of this act; and all good citizens are hereby commanded to aid and assist in the prompt and efficient execution of this law, whenever their services may be required, as aforesaid, for that purpose; and said warrants shall run and be executed by said officers anywhere in the state within which they are issued.

may appoint per their process.

Posse comitatus may be summoned.

Citizens to aid.

Warrants to run throughout the state.

Ibid. 26.

Parties may reclaim fugitives

either in person

warrant or without.

8. When a person held to service or labor (c) in any state or territory of the United States, has heretofore or shall hereafter escape into another state or territory of the United States, the person or persons to whom such service or labor may be due, or his, her or or by attorney. their agent or attorney, duly authorized by power of attorney, in writing, acknowledged How warrant of and certified under the seal of some legal officer or court of the state or territory in which attorney executed. the same may be executed, (d) may pursue and reclaim such fugitive person, either by May arrest by procuring a warrant from some one of the courts, judges or commissioners aforesaid, of the proper circuit, district or county, for the apprehension of such fugitive from service or labor, or by seizing and arresting such fugitive, where the same can be done without process, and by taking, or causing such person to be taken, forthwith before such court, judge or commissioner, whose duty it shall be to hear and determine the case of such What proof to be claimant in a summary manner; (e) and upon satisfactory proof being made, by deposition or affidavit, in writing, to be taken and certified by such court, judge or commissioner, or by other satisfactory testimony, duly taken and certified by some court, magistrate, justice of the peace or other legal officer authorized to administer an oath and take depositions under the laws of the state or territory from which such person owing service or labor may have escaped, with a certificate of such magistracy or other authority, as

Fugitive to be

taken before judge or commissioner.

sufficient.

(a) A marshal, when called upon to serve due process for the arrest of an alleged fugitive, has no absolute right to demand a bond of indemnity as the consideration of making service. Such bond may, however, lawfully be given; and if the marshal refuses to proceed without one, he will be responsible in damages or not, according as the proofs appear of the claimant's right of reclama tion of service in the case. 6 Opin. 229. See Ibid. 466.

(b) A marshal, when opposed in the execution of his duty by unlawful combinations, has authority to summon the entire ablebodied force of his precinct, as a posse comitatus. This authority comprehends not only bystanders and other citizens generally, but any and all organized armed force, whether militia of the state, or officers, soldiers, sailors and marines of the United States. And if the object of resistance to the marshal be to obstruct and defeat the execution of provisions of the constitution, or of acts of congress, the expenses of such posse comitatus are properly chargeable to the United States. 6 Õpin. 466.

(e) This includes one held for a term of years, as an apprentice. Boaler v. Cummines, 1 Am. L. R. 654. In proceedings under this law, the inquiry is not strictly whether the fugitive be a slave or a freeman, but whether he owe service to the claimant. The decision, upon that question, is no bar to an inquiry in the proper

tribunal, as to the personal status of the fugitive. The examination is preliminary, and not a final adjudication. Miller e. MeQuerry, 5 McLean, 469. See The People v. Lemmon, 5 Law Rep. 486.

(d) The statute anthorizes an arrest, either by the owner or his agent, with or without a warrant; but, when made by an agent, he must be authorized by a written power of attorney, executed and authenticated as required by the act. Weimer v. Sloane, 6 McLean. 259. A warrant executed in blank. and afterwards filled up with the name of a person as the agent, but not re-acknow ledged, will not authorize such person to make an arrest. Gib bons v. Sloane, Ibid. 273, No other person but the owner or his agent has a right to arrest a fugitive and return him to servitude. In re Kirk, 1 Parker. C. R. 67.

(e) A warrant for the apprehension of a fugitive slave is in full force until the final hearing and order; and after a rescue, a fresh pursuit may be made by the marshal and owner with the same warrant. The service of such process cannot be interrupted by the arrest of the officer, or person aiding him, or in any other manner, by means of state process. United States v. Morris, 2 Am. L. R. 348. See 6 Opin. 713.

moval to be

granted.

aforesaid, with the seal of the proper court or officer thereto attached, which seal shall 18 Sept. 1850. be sufficient to establish the competency of the proof, and with proof, also by affidavit, of the identity of the person whose service or labor is claimed to be due as aforesaid, that the person so arrested does in fact owe service or labor to the person or persons claiming him or her, in the state or territory from which such fugitive may have escaped as afore- Certificate of resaid, and that said person escaped; to make out and deliver to such claimant, his or her agent or attorney, a certificate setting forth the substantial facts as to the service or labor due from such fugitive to the claimant, and of his or her escape from the state or territory in which such service or labor was due, to the state or territory in which he or she was arrested, with authority to such claimant or his or her agent or attorney, to use such reasonable force and restraint as may be necessary, under the circumstances of the case, to take and remove such fugitive person back to the state or territory whence he or she may have escaped as aforesaid. In no trial or hearing under this act shall the testimony Testimony of of such alleged fugitive be admitted in evidence; and the certificates in this and the first fugitive not ad[fourth] section mentioned, shall be conclusive of the right of the person or persons in whose favor granted, to remove such fugitive to the state or territory from which he escaped, Certificate to be conclusive. and shall prevent all molestation of such person or persons by any process issued by any court, judge, magistrate or other person whomsoever. (a)

missible.

Ibid. 27.

Punishment for obstructing

arrest.

Rescuing fugi.

escape.

9. Any person who shall knowingly and willingly obstruct, hinder or prevent (b) such claimant, his agent or attorney, (c) or any person or persons lawfully assisting him, her or them, from arresting such a fugitive from service or labor, either with or without process as aforesaid,(d) or shall rescue, or attempt to rescue, such fugitive from service or labor, from the custody of such claimant, his or her agent or attorney, or other person or tive. persons lawfully assisting as aforesaid, when so arrested, pursuant to the authority herein Aiding him to given and declared; or shall aid, abet or assist (e) such person so owing service or labor as aforesaid, directly or indirectly, to escape (g) from such claimant, his agent or attorney, or other person or persons legally authorized as aforesaid; or shall harbor or conceal Or harboring or concealing him. such fugitive, so as to prevent the discovery and arrest of such person, after notice or knowledge of the fact (h) that such person was a fugitive from service or labor as aforesaid; shall, for either of said offences, be subject to a fine not exceeding one thousand dollars, and imprisonment not exceeding six months, by indictment and conviction before the district court of the United States for the district in which such offence may have been committed,(i) or before the proper court of criminal jurisdiction, if committed within any one of the organized territories of the United States; and shall moreover forfeit and pay, by way of civil damages to the party injured by such illegal conduct, the Liability for sum of one thousand dollars, for each fugitive so lost as aforesaid, to be recovered by action damages. of debt, in any of the district or territorial courts aforesaid, within whose jurisdiction

the said offence may have been committed.

Ibid. 28.

10. The marshals, their deputies and the clerks of the said district and territorial tourts, shall be paid for their services, the like fees as may be allowed to them for similar Fees of officers. services in other cases; and where such services are rendered exclusively in the arrest, custody and delivery of the fugitive to the claimant, his or her agent or attorney, or where such supposed fugitive may be discharged out of custody for the want of sufficient proof as aforesaid, then such fees are to be paid in the whole by such claimant, his agent or attorney; and in all cases where the proceedings are before a commissioner, he of commissionshall be entitled to a fee of ten dollars in full for his services in each case, upon the de- ers. livery of the said certificate to the claimant, his or her agent or attorney; or a fee of five dollars in cases where the proof shall not, in the opinion of such commissioner, warrant such certificate and delivery, inclusive of all services incident to such arrest and examination, to be paid in either case, by the claimant, his or her agent or attorney. The person or persons authorized to execute the process to be issued by such commis- For executing sioners for the arrest and detention of fugitives from service or labor as aforesaid, shall

(a) State tribunals and officers caunot, by the writ of habeas corpus. interfere with the federal authorities when acting upon cases arising under this act. 1 Blatch. 635. Sims's Case, 7 Cush. 285. This clause, however, does not suspend the writ of habeas corpus, but simply makes the certificate a sufficient warrant for the removal of the fugitive. 5 Opin. 254. See Morgan v. Reakirt,

6 Penn. L. J. 228.

(b) The words "obstruct, hinder or prevent," in this act, mean substantially the same thing: the statute makes it criminal, knowingly and wilfully, to frustrate or retard the attempted recaption of a fugitive slave by his master, or his representative, whether it be by force, active or passive, or by stratagem. And the offence being a misdemeanor, he who aids, abets or assists another to commit it, whether he be present or absent at the consummation of the deed, is himself guilty as a principal. Christiana Case, 4 Am. L. J. 489-90.

(c) The agent or attorney must be one appointed in accordance with the provisions of the previous section. Weimer v. Sloane, 6 MeLean, 259. Gibbons v. Sloane, Ibid. 273.

(d) An indictment for resisting the execution of process, must show that it was legal. United States v. Stowell, 8 Law Rep. 76.

process.

(e) All interference of third persons, by act or word, for the purpose of favoring the escape of the fugitive, and tending to that result, is a violation of the act. United States v. Cobb, 4 Am. L. J. 147. A party acting as counsel for a fugitive slave. is protected from the consequences of his acts, so far only as they are within the proper limits of his professional duty. Weimer . Sloane, 6 McLean, 259. See 4 Am. L. J. 259.

(7) This refers to an escape, after recaption; and not to the original escape from the master's homestead. Christiana Case. 4 Am. L. J. 488-9. To sustain an action for aiding or abetting in the escape, it must appear that the alleged fugitives were slaves who had escaped from service, and had been arrested by the owner or his agent; and that the defendant, with knowledge of these facts, aided and abetted their escape. Weimer v. Sloane, 6 McLean, 259.

(h) This notice or knowledge may be inferred from circumstances. Weimer v. Sloane, 6 McLean, 259.

(i) The circuit court has no original jurisdiction under this act. Campbell v. Kirkpatrick, 5 McLean, 175.

vices.

18 Sept. 1850. also be entitled to a fee of five dollars each for each person he or they may arrest and take before any such commissioner as aforesaid, at the instance and request of such Additional ser claimant, with such other fees as may be deemed reasonable by such commissioner for such other additional services as may be necessarily performed by him or them; such as attending at the examination, keeping the fugitive in custody, and providing him with food and lodging during his detention, and until the final determination of such commissioner; and in general, for performing such other duties as may be required by such How estimated. claimant, his or her attorney or agent, or commissioner, in the premises, such fees to be made up in conformity with the fees usually charged by the officers of the courts of justice within the proper district or county, as near as may be practicable, and paid by such claimants, their agents or attorneys, whether such supposed fugitive from service or labor be ordered to be delivered to such claimants by the final determination of such commissioners or not.

Ibid. 29. Warrant to be

apprehension of

rescue.

11. 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 Issued in case of 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 Officer to employ 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.

aid.

Compensation.

Ibid. 10.

12. 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, ship and escape. or judge thereof in vacation, and make satisfactory proof to such court, or judge in

Party may make preliminary proof of owner

Record to be made thereof.

conclusive evi

dence.

to be made.

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 Transcript to be 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 Proof of identity 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 (a) of the Certificate to be 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 to seize or arrest and transport such person to the state or territory from Record evidence which he escaped: Provided, That nothing herein contained shall be construed as requir ing 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.(b)

granted.

not to be re

quired in all

cases.

(a) See Long's Case, 3 Am. L. J. 294.

() MIE3: v. McQuerry, 5 McLean, 470.

4 Stat 331.

1. The sixth circuit court of the United States for the district of Georgia, which is by 21 Jan. 1829 § 1. law appointed to be holden on the fourth Monday in November, annually, at Savannah, in the said state, shall hereafter be holden on the Thursday after the first Monday in Fall sessions, at November, annually, at Milledgeville, in the said state.

Milledgeville.

2. The spring term of said court shall be held in [and] for the district of Georgia at 1 March 1845 § 1. Savannah, on the second Monday in April; after the ensuing term shall have been held at the time now appointed by law.

II. DISTRICT COURTS.

5 Stat. 731. Spring sessions, at Savannah.

9 Stat. 280.

trict.

3. The state of Georgia shall be, and the same is hereby, divided into two judicial 11 Aug. 1848 1 districts, in manner following, to wit: the counties of Harris, Talbot, Upson, Monroe, Jones, Putnam, Hancock, Warren, Columbia and all the counties in said state south of Two districts. them, shall compose one district, to be called the southern district; and the courts shall Southern disbe held as heretofore, and at the times now authorized and required by law, (a) at Terms. Savannah. The counties of Troupe, Merriwether, Pike, Butts, Jasper, Morgan, Greene, Taliaferro, Wilkes, Lincoln and all the remaining counties in said state north of them, Northern disshall compose one district, to be called the northern district; and a court shall be held for the said district at Marietta, in the county of Cobb.

trict.

4. There shall be two terms of the district court for the northern district, held at Ibid. 2. Marietta, in each and every year, to begin on the second Monday in March, and on the Terms of northsecond Monday in September. And the district judge of the United States for the state ern district. of Georgia is hereby required to hold the courts aforesaid; and furthermore, he is authorized and required to hold one or more special terms at Marietta, in each year, if, in his Special courts. opinion, the business of the court or the public convenience shall require it to be done.

northern district

5. The second Monday in March and the second Monday in September in each year Ibid. 2 3. shall be return days for writs and executions, returrable to the said district court to be Return days in held for the northern district at Marietta; and the parties to such suits as shall be so returned shall make up their pleadings under such rules as the court shall prescribe, in order to have the causes so returned in a state of readiness for trial at the succeeding regular term.

6. All suits hereafter to be instituted in either of said courts, not of a local nature, shall be commenced in a court of the district where the defendant resides; but if there be more than one defendant, and they reside in different districts, the plaintiff may sue in either, and send duplicate writs to the other defendants, on which the plaintiff or his attorney shall indorse that the writ thus sent is a copy of a writ sued out of the proper district; and the said writs, when executed and returned into the office from which they issued, shall constitute one and the same suit, and be proceeded in accordingly.

Ibid. 25.

In what district

suits to be

men

Ibid. 26.

7. The judge of the said district court shall appoint a clerk of the district court of the northern district, who shall reside and keep his office, and records and documents apper- Clerk of northern taining thereto, at the place of holding said court. And the said clerk shall be entitled district. to the same fees allowed by law to the clerks of the district courts in the other district in said state, perform the like duties, and be subject to the same liabilities and penalties. 8. The district attorney and the marshal of the southern district of Georgia shall respectively perform the duties of the district attorney and marshal of the northern dis- District attorney trict. And the said marshal shall keep an office at Marietta; and his charges for mile- and marshal. age, in the execution of the duties of his office within the said northern district, shall be computed from Marietta.

Ibid. 7.

Ibid. ? 8.

9. The said district court for the northern district of Georgia, in addition to the ordinary jurisdiction and powers of a district court of the United States, shall, within the Circuit court limits of the said northern district, have jurisdiction of all causes, except appeals and powers in northwrits of error, which now are or hereafter may be made cognisable in a circuit court of the United States, and shall proceed therein in the same manner as a circuit court.

ern district.

(a) That is, by act 9 June 1794 2 2, on the second Tuesdays in February, May, August and November. 1 Stat. 396.

11 Aug. 1848 29. Appeals and writs of error.

Ibid. 10.

10. Appels, and writs of error in the nature of appeals, shall lie, and may be sued from the said district court at Marietta to the supreme court of the United States.

11. Should the judge of the district courts aforesaid fail to attend at the time and place of holding the court for the said northern district, at any one of its terms aforeAdjournments. said, before the close of the fourth day of any such term, the business pending in any such court shall stand adjourned to the next term thereof.

2 March 1799 14. 1 Stat. 636.

nah.

III. COLLECTION DISTRICTS.

12. In the state of Georgia there shall be five districts, to wit: Savannah, Sunbury, Brunswick, St. Mary's and Hardwicke; each of which shall be a port of entry. The District of Savan- district of Savannah shall include Savannah river, and all the waters, shores, harbors, rivers, creeks, bays and inlets from the said river to the north point of Ossabaw Island and Great Ogeechee river inclusive; and a collector, naval officer and surveyor shall be appointed for the said district, to reside at Savannah.

District of Sunbury.

District of Brunswick.

District of St.
Mary's.

Collector may

grant permits to unlade at any

13. The district of Sunbury shall comprehend all the waters, shores, harbors, rivers, creeks, bays and inlets south of the north point of Ossabaw Island and Great Ogeechee river exclusive, and north of the south point of Sapelo Island inclusive, except such part as is hereafter described as appertaining to the district of Hardwicke; and a collector for the said district shall be appointed, to reside at Sunbury.(a)

14. The district of Brunswick shall comprehend all the waters, shores, harbors, rivers, creeks, bays and inlets from the south point of Sapelo Island exclusive, to the south point of Jekyl Island inclusive; Frederica shall be a port of delivery only; and a collector for the district shall be appointed, [to reside at Brunswick.](b)

15. The district of St. Mary's shall comprehend all the waters, shores, harbors, rivers, creeks, bays and inlets from the south point of Jekyl Island exclusive, to St. Mary's river inclusive; (c) and a collector for the said district shall be appointed, to reside at St. Mary's.

16. And in each of the said districts it shall be lawful for the collector to grant permit to unlade at any port or place within the district, and to appoint, or put on board place within the any ship or vessel for which a permit is granted, one or more inspectors, as may be necessary for the security of the revenue.

district.

District of Hardwicke.

2 March 1857 81. 11 Stat. 168.

of delivery.

17. The district of Hardwicke shall include all the waters, shores, bays, harbors, creeks and rivers between the south point of Ossabaw Island and the south point of Warsaw Island; and in the said district the town of Hardwicke shall be the only port of entry; and a collector for the said district shall be appointed, to reside at Hardwicke.(d)

18. That Augusta, in the state of Georgia, within the collection district of Savannah, be and the same is hereby declared to be a port of delivery, within the said collection Augusta a port district, and there shall be appointed a surveyor of customs, to reside at said port of Augusta, who shall perform similar duties towards, and in connexion with, the collector at the port of entry, as are prescribed for surveyors at the ports of Pittsburgh, Wheeling, Cincinnati, Louisville, St. Louis and Nashville, by the act of congress approved 2d March 1831, (e) being entitled "An act allowing the duties on foreign merchandise imported into Pittsburgh, Wheeling, Cincinnati, Louisville, St. Louis, Nashville and Natchez, to be secured and paid at those places;" the duties of the collector at Savannah in refernah, in reference ence to all foreign merchandise entered for the port of Augusta, and to be shipped from to vessels entered Savannah to Augusta, either by the river or railroad, shall be the same as those prefor Augusta. scribed for the collector at New Orleans, in reference to merchandise entered by an importer or his agent there for the ports above mentioned in said act. And importations of foreign merchandise to Augusta may be made through the port of Savannah in the same way, and under like instructions, [restrictions,] penalties and forfeitures as by the said act they are allowed to be made to the places above mentioned through the vort of New Orleans.

Duties of collector at Savan

(a) By act 15 June 1844, Sunbury was abolished as a separate collection district; and annexed to the district of Savannah. The same act constituted Sunbury a port of delivery, and authorized the appointment there of a surveyor of customs. 5 Stat. 664.

(b) Brunswick was abolished by act 15 June 1844; but re-estab lished by act 10 July 1848. 9 Stat. 246. The town or landing place of Darien, on the Alatamaha river, was constituted a port of delivery, and annexed to the district of Brunswick, by act 21 April 1806. 2 Stat. 399. And by act 9 March 1818, it was provided, "that the collector of the district of Brunswick shall reaide at Darien, which shall be the sole port of entry for the said

district; and that instead of a surveyor for the port of Darien, there shall be one surveyor for the said district of Brunswick, who shall reside at such place in the said district as may be directed by the secretary of the treasury." 3 Stat. 408.

(c) By act 7 May 1822, part of Florida was added to St. Mary' district. 3 Stat. 684. But subsequently annexed to the collection district of St. Augustine, by act 21 January 1829. 4 Stat. $31.

(d) Hardwicke was abolished and annexed to St. Mary's district, by act 15 June 1844; but to remain a port of entry, and a sur veyor to be appointed there. 5 Stat. 664. (e) See tit. "Louisiana,” 26.