* * * * *
JOSEPH CORNISH, Dorchester Co., Md.; LEWIS FRANCIS, alias LEWIS JOHNSON, Harford Co., Md.; ALEXANDER MUNSON, Chestertown, Md.; SAMUEL and ANN SCOTT, Cecil Cross-Roads, Md.; WM. HENRY LAMINSON, Del.; ISAAC STOUT, alias GEORGE WASHINGTON, CAROLINE GRAVES, Md.; HENRY and ELIZA WASHINGTON, Alexandria, Va.; HENRY CHAMBERS, JOHN CHAMBERS, SAMUEL FALL, and THOMAS ANDERSON, Md.
Joseph Cornish was about forty years of age when he escaped. The heavy bonds of Slavery made him miserable. He was a man of much natural ability, quite dark, well-made, and said that he had been "worked very hard." According to his statement, he had been an "acceptable preacher in the African Methodist Church," and was also "respected by the respectable white and colored people in his neighborhood." He would not have escaped but for fear of being sold, as he had a wife and five children to whom he was very much attached, but had to leave them behind. Fortunately they were free.
Of his ministry and connection with the Church, he spoke with feelings of apparent solemnity, evidently under the impression that the little flock he left would be without a shepherd. Of his master, Captain Samuel Le Count, of the U.S. Navy, he had not one good word to speak; at least nothing of the kind is found on the Record Book; but, on the contrary, he declared that "he was very hard on his servants, allowing them no chance whatever to make a little ready money for themselves." So in turning his face towards the Underground Rail Road, and his back against slavery, he felt that he was doing God service.
The Committee regarded him as a remarkable man, and was much impressed with his story, and felt it to be a privilege and a pleasure to aid him.
Lewis Francis was a man of medium size, twenty-seven years of age, good-looking and intelligent. He stated that he belonged to Mrs. Delinas, of Abingdon, Harford Co., Md., but that he had been hired out from a boy to a barber in Baltimore. For his hire his mistress received eight dollars per month.
To encourage Lewis, his kind-hearted mistress allowed him out of his own wages the sum of two dollars and fifty cents per annum! His clothing he got as best he could, but nothing did she allow him for that purpose. Even with this arrangement she had been dissatisfied of late years, and thought she was not getting enough out of Lewis; she, therefore, talked strongly of selling him. This threat was very annoying to Lewis, so much so, that he made up his mind that he would one day let her see, that so far as he was concerned, it was easier to talk of selling than it would be to carry out her threat.
With this growing desire for freedom he gained what little light he could on the subject of traveling, Canada, etc., and at a given time off he started on his journey and found his way to the Committee, who imparted substantial aid as usual.
Alexander Munson, alias Samuel Garrett. This candidate for Canada was only eighteen years of age; a well-grown lad, however, and had the one idea that "all men were born free" pretty deeply rooted in his mind. He was quite smart, and of a chestnut color. By the will of his original owner, the slaves were all entitled to their freedom, but it appeared, from Alexander's story, that the executor of the estate did not regard this freedom clause in the will. He had already sold some of the slaves, and others—he among them—were expecting to be sold before coming into possession of their freedom. Two of them had been sold to Alabama, therefore, with these evil warnings, young Alexander resolved to strike out at once for Canada, despite Maryland slave-holders. With this bold and manly spirit he succeeded, of course.
Anna Scott and husband, Samuel Scott. This couple escaped from Cecil Cross-Roads, Md. The wife, in this instance, evidently took the lead, and acted the more manly part in striking for freedom; therefore, our notice of this arrival will chiefly relate to her..
Anna was owned by a widow, named Mrs. Ann Elizabeth Lushy, who resided on a farm of her own. Fifteen slaves, with other stock, were kept on the place. She was accustomed to rule with severity, being governed by a "high temper," and in nowise disposed to allow her slaves to enjoy even ordinary privileges, and besides, would occasionally sell to the Southern market. She was calculated to render slave life very unhappy. Anna portrayed her mistress's treatment of the slaves with much earnestness, especially when referring to the sale of her own brother and sister. Upon the whole, the mistress was so hateful to Anna, that she resolved not to live in the house with her. During several years prior to her escape, Anna had been hired out, where she had been treated a little more decently than her mistress was wont to do; on this account she was less willing to put up with any subsequent abuse from her mistress.
To escape was the only remedy, so she made up her mind, that she would leave at all hazards. She gave her husband to understand, that she had resolved to seek a home in Canada. Fortunately, he was free, but slavery had many ways of putting the yoke on the colored man, even though he might be free; it was bound to keep him in ignorance, and at the same time miserably abject, so that he would scarcely dare to look up in the presence of white people.
Sam, apparently, was one of the number who had been greatly wronged in this particular. He had less spirit than his wife, who had been directly goaded to desperation. He agreed, however, to stand by her in her struggles while fleeing, and did so, for which he deserves credit. It must be admitted, that it required some considerable nerve for a free man even to join his wife in an effort of this character. In setting out, Anna had to leave her father (Jacob Trusty), seven sisters and two brothers. The names of the sisters were as follows: Emeline, Susan Ann, Delilah, Mary Eliza, Rosetta, Effie Ellender and Elizabeth; the brothers—Emson and Perry. For the commencement of their journey they availed themselves of the Christmas holidays, but had to suffer from the cold weather they encountered. Yet they got along tolerably well, and were much cheered by the attention and aid they received from the Committee.
William Henry Laminson came from near Newcastle, Delaware. He was smart enough to take advantage of the opportunity to escape at the age of twenty-one. As he had given the matter his fullest attention for a long time, he was prepared to make rapid progress when he did start, and as he had no great distance to travel it is not unlikely, that while his master was one night sleeping soundly, this young piece of property (worth at least $1,000 in the market), was crossing Mason and Dixon's Line, and steering directly for Canada. Francis Harkins was the name of the master. William did not give him a very bad character.
George Washington Gooseberry, alias Isaac Stout, also took advantage of the holidays to separate from his old master, Anthony Rybold, a farmer living near Newcastle, Delaware. Nothing but the desire to be free moved George to escape. He was a young man about twenty-three years of age, of a pure black color, in stature, medium size, and well-made. Nothing remarkable is noted in the book in any way connected with his life or escape.
Caroline Graves. Caroline was of the bond class belonging to the State of Maryland. Having reached the age of forty without being content, and seeing no bright prospect in the future, she made up her mind to break away from the bonds of Slavery and seek a more congenial atmosphere among strangers in Canada. She had had the privilege of trying two masters in her life-time; the first she admitted was "kind" to her, but the latter was "cruel." After arriving in Canada, she wrote back as follows:
TORONTO, Jan. 22, 1856.
DEAR SIR:—WILLIAM STILL—I have found my company they arrived here on monday eving I found them on tusday evening. Please to be so kind as to send them boxes we are here without close to ware we have some white frendes is goin to pay for them at this end of the road. The reason that we send this note we are afraid the outher one woudent go strait because it wasent derected wright. Please to send them by the express then thay wont be lost. Please to derect these boxes for Carline Graives in the car of mrs. Brittion. Please to send the bil of the boxes on with them. Mrs. Brittion, Lousig street near young street.
George Graham and wife, Jane, alias Henry Washington and Eliza. The cold weather of January was preferred, in this instance, for traveling. Indeed matters were so disagreeable with them that they could not tarry in their then quarters any longer. George was twenty-four years of age, quite smart, pleasant countenance, and of dark complexion.
He had experienced "rough usage" all the way along through life, not unfrequently from severe floggings. Twice, within the last year, he had been sold. In order to prevent a renewal of these inflictions he resorted to the Underground Rail Road with his wife, to whom he had only been married six months.
In one sense, they appeared to be in a sad condition, it being the dead of winter, but their condition in Alexandria, under a brutal master and mistress which both had the misfortune to have, was much sadder. To give all their due, however, George's wife acknowledged, that she had been "well treated under her old mistress," but through a change, she had fallen into the hands of a "new one," by whom her life had been rendered most "miserable;" so much so, that she was willing to do almost anything to get rid of her, and was, therefore, driven to join her husband in running away.
Henry Chambers, John Chambers, Samuel Fall, and Jonathan Fisher. This party represented the more promising-looking field-hand slave population of Maryland. Henry and John were brothers, twenty-four and twenty-six years of age, stout made, chestnut color, good-looking, but in height not quite medium. Henry "owed service or labor," to a fellow-man by the name of William Rybold, a farmer living near Sassafras Neck, Md. Henry evidently felt, that he did master Rybold no injustice in testifying that he knew no good of him, although he had labored under him like a beast of burden all his days. He had been "clothed meanly," and "poorly fed." He also alleged, that his mistress was worse than his master, as she would "think nothing of knocking and beating the slave women for nothing." John was owned by Thomas Murphy. From that day to this, Thomas may have been troubling his brain to know why his man John treated him so shabbily as to leave him in the manner that he did. Jack had a good reason for his course, nevertheless. In his corn field-phrase he declared, that his master Murphy would not give you half clothes, and besides he was a "hard man," who kept Jack working out on hire. Therefore, feeling his wrongs keenly, Jack decided, with his other friends, to run off and be free.
Sam, another comrade, was also owned by William Rybold. Sam had just arrived at his maturity (twenty-one), when he was invited to join in the plot to escape. At first, it might be thought strange, why one so young should seek to escape. A few brief words from Sam soon explained the mystery. It was this: his master, as he said, had been in the habit of tying him up by the hands and flogging him unmercifully; besides, in the allowance of food and clothing, he always "stinted the slaves yet worked them very hard." Sam's chances for education had been very unfavorable, but he had mind enough to know that liberty was worth struggling for. He was willing to make the trial with the other boys. He was of a dark chestnut color, and of medium size.
Jonathan belonged to A. Rybold, and was only nineteen years of age. All that need be said in relation to his testimony, is, that it agreed with his colleague's and fellow-servant's, Samuel. Before starting on their journey, they felt the need of new names, and in putting their wits together, they soon fixed this matter by deciding to pass in future by the following names: James and David Green, John Henry, and Jonathan Fisher.
In the brief sketches given in this chapter, some lost ones, seeking information of relatives, may find comfort, even if the general reader should fail to be interested.
THOMAS JERVIS GOOSEBERRY and WILLIAM THOMAS FREEMAN, alias EZEKIEL CHAMBERS; HENRY HOOPER; JACOB HALL, alias HENRY THOMAS, and wife, HENRIETTA and child; Two men from near Chestertown, Md.; FENTON JONES; MARY CURTIS; WILLIAM BROWN; CHARLES HENRY BROWN; OLIVER PURNELL and ISAAC FIDGET.
Thomas Jervis Gooseberry and William Thomas Freeman. The coming of this party was announced in the subjoined letter:
SCHUYLKILL, 11th Mo., 29th, 1855.
WILLIAM STILL: DEAR FRIEND:—Those boys will be along by the last Norristown train to-morrow evening. I think the train leaves Norristown at 6 o'clock, but of this inform thyself. The boys will be sent to a friend at Norristown, with instructions to assist them in getting seats in the last train that leaves Norristown to-morrow evening. They are two of the eleven who left some time since, and took with them some of their master's horses; I have told them to remain in the cars at Green street until somebody meets them.
E.F. PENNYPACKER.
Having arrived safely, by the way and manner indicated in E.F. Pennypacker's note, as they were found to be only sixteen and seventeen years of age, considerable interest was felt by the Acting Committee to hear their story. They were closely questioned in the usual manner. They proved to be quite intelligent, considering how young they were, and how the harrow of Slavery had been upon them from infancy.
They escaped from Chestertown, Md., in company with nine others (they being a portion of the eleven who arrived in Wilmington, with two carriages, etc., noticed on page 302), but, for prudential reasons they were separated while traveling. Some were sent on, but the boys had to be retained with friends in the country. Many such separations were inevitable. In this respect a great deal of care and trouble had to be endured for the sake of the cause.
Thomas Jervis, the elder boy, was quite dark, and stammered somewhat, yet he was active and smart. He stated that Sarah Maria Perkins was his mistress in Maryland. He was disposed to speak rather favorably of her, at least he said that she was "tolerably kind" to her servants. She, however, was in the habit of hiring out, to reap a greater revenue for them, and did not always get them places where they were treated as well as she herself treated them. Tom left his father, Thomas Gooseberry, and three sisters, Julia Ann, Mary Ellen, and Katie Bright, all slaves.
Ezekiel, the younger boy, was of a chestnut color, clever-looking, smart, and well-grown, just such an one as a father enjoying the blessings of education and citizenship, might have felt a considerable degree of pride in. He was owned by a man called John Dwa, who followed "farming and drinking," and when under the influence of liquor, was disposed to ill-treat the slaves. Ezekiel had not seen his mother for many years, although she was living in Baltimore, and was known by the name of "Dorcas Denby." He left no brothers nor sisters.
The idea of boys, so young and inexperienced as they were, being thrown on the world, gave occasion for serious reflection. Still the Committee were rejoiced that they were thus early in life, getting away from the "Sum of all villanies." In talking with them, the Committee endeavored to impress them with right ideas as to how they should walk in life, aided them, of course, and sent them off with a double share of advice. What has been their destiny since, is not known.
Henry Hooper, a young man of nineteen years of age, came from Maryland, in December, in a subsequent Underground Rail Road arrival. That he came in good order, and was aided and sent off, was fully enough stated on the book, but nothing else; space, however was left for the writing out of his narrative, but it was never filled up. Probably the loose sheet on which the items were jotted down, was lost.
Jacob Hall, alias Henry Thomas, wife Henrietta, and child, were also among the December passengers. On the subject of freedom they were thoroughly converted. Although Jacob was only about twenty years of age, he had seen enough of Slavery under his master, "Major William Hutchins," whom he described as a "farmer, commissioner, drunkard, and hard master," to know that no hope could be expected from him, but if he remained, he would daily have to be under the "harrow." The desire to work for himself was so strong, that he could not reconcile his mind to the demands of Slavery. While meditating upon freedom, he concluded to make an effort with his wife and child to go to Canada.
His wife, Henrietta, who was then owned by a woman named Sarah Ann McGough, was as unhappily situated as himself. Indeed Henrietta had come to the conclusion, that it was out of the question for a servant to please her mistress, it mattered not how hard she might try; she also said, that her mistress drank, and that made her "wus."
Besides, she had sold Henrietta's brother and sister, and was then taking steps to sell her,—had just had her appraised with this view. It was quite easy, therefore, looking at their condition in the light of these plain facts, for both husband and wife to agree, that they could not make their condition any worse, even if they should be captured in attempting to escape. Henrietta also remembered, that years before her mother had escaped, and got off to Canada, which was an additional encouragement. Thus, as her own faith was strengthened, she could strengthen that of her husband.
Their little child they resolved to cling to through thick and thin; so, in order that they might not have so far to carry him, father and mother each bridled a horse and "took out" in the direction of the first Underground Rail Road station. Their faithful animals proved of incalculable service, but they were obliged to turn them loose on the road without even having the opportunity or pleasure of rewarding them with a bountiful feed of oats.
Although they had strange roads, woods and night scenes to pass through, yet they faltered not. They found friends and advisers on the road, however, and reached the Committee in safety, who was made to rejoice that such promising-looking "property" could come out of Ladies' Manor, Maryland. The Committee felt that they had acted wisely in taking the horses to assist them the first night.
The next arrival is recorded thus: "Dec. 10, 1855, Arrived, two men from near Chestertown, Md. They came to Wilmington in a one horse wagon, and through aid of T.G. they were sent on." (Further account at the time, written on a loose piece of paper, is among the missing).
Fenton Jones escaped from Frederick, Md. After arriving in the neighborhood of Ereildoun, Pa., he was induced to tarry awhile for the purpose of earning means to carry him still farther. But he was soon led to apprehend danger, and was advised and directed to apply to the Vigilance Committee of Philadelphia for the needed aid, which he did, and was dispatched forthwith to Canada.
About the same time a young woman arrived, calling herself Mary Curtis. She was from Baltimore, and was prompted to escape to keep from being sold. She was nineteen years of age, small size, dark complexion. No special incidents in her life were noted.
William Brown came next. If others had managed to make their way out of the prison-house without great difficulties, it was far from William to meet with such good luck, as he had suffered excessively for five weeks while traveling. It was an easy matter for a traveler to get lost, not knowing the roads, nor was it safe to apply to a stranger for information or direction—therefore, in many instances, the journey would either have to be given up, or be prosecuted, suffering almost to the death.
In the trying circumstances in which William found himself, dark as everything looked, he could not consent to return to his master, as he felt persuaded, that if he did, there would be no rest on earth for him. He well remembered, that, because he had resisted being flogged (being high spirited), his master had declined to sell him for the express purpose of making an example of him—as a warning to the other slaves on the place. William was as much opposed to being thus made use of as he was to being flogged. His reflections and his stout heart enabled him to endure five weeks of severe suffering while fleeing from oppression. Of course, when he did succeed, the triumph was unspeakably joyous. Doubtless, he had thought a great deal during this time, and being an intelligent fugitive, he interested the Committee greatly.
The man that he escaped from was called William Elliott, a farmer, living in Prince George's county, Md. William Elliott claimed the right to flog and used it too. William, however, gave him the character of being among the moderate slave-holders of that part of the country. This was certainly a charitable view. William was of a chestnut color, well made, and would have commanded, under the "hammer," a high price, if his apparent intelligence had not damaged him. He left his father, grand-mother, four sisters and two brothers, all living where he fled from.
Charles Henry Brown. This "chattel" was owned by Dr. Richard Dorsey, of Cambridge, Maryland. Up to twenty-seven years of age, he had experienced and observed how slaves were treated in his neighborhood, and he made up his mind that he was not in favor of the Institution in any form whatever. Indeed he felt, that for a man to put his hand in his neighbor's pocket and rob him, was nothing compared to the taking of a man's hard earnings from year to year. Really Charles reasoned the case so well, in his uncultured country phrases, that the Committee was rather surprised, and admired his spirit in escaping. He was a man of not quite medium size, with marked features of mind and character.
Oliver Purnell and Isaac Fidget arrived from Berlin, Md. Each had different owners. Oliver stated that Mose Purnell had owned him, and that he was a tolerably moderate kind of a slave-holder, although he was occasionally subject to fractious turns. Oliver simply gave as his reason for leaving in the manner that he did, that he wanted his "own earnings." He felt that he had as good a right to the fruit of his labor as anybody else. Despite all the pro-slavery teachings he had listened to all his life, he was far from siding with the pro-slavery doctrines. He was about twenty-six years of age, chestnut color, wide awake and a man of promise; yet it was sadly obvious that he had been blighted and cursed by slavery even in its mildest forms. He left his parents, two brothers and three sisters all slaves in the hands of Purnell, the master whom he deserted.
Isaac, his companion, was about thirty years of age, dark, and in intellect about equal to the average passengers on the Underground Rail Road. He had a very lively hope of finding his wife in freedom, she having escaped the previous Spring; but of her whereabouts he was ignorant, as he had had no tidings of her since her departure. A lady by the name of Mrs. Fidget held the deed for Isaac. He spoke kindly of her, as he thought she treated her slaves quite as well at least as the best of slave-holders in his neighborhood. His view was a superficial one, it meant only that they had not been beaten and starved half to death.
As the heroic adventures and sufferings of Slaves struggling for freedom, shall be read by coming generations, were it not for unquestioned statutes upholding Slavery in its dreadful heinousness, people will hardly be able to believe that such atrocities were enacted in the nineteenth century, under a highly enlightened, Christianized, and civilized government. Having already copied a statute enacted by the State of Virginia, as a sample of Southern State laws, it seems fitting that the Fugitive Slave Bill, enacted by the Congress of the United States, shall be also copied, in order to commemorate that most infamous deed, by which, it may be seen, how great were the bulwarks of oppression to be surmounted by all who sought to obtain freedom by flight.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled:
That the persons who have been, or may hereafter be appointed commissioners, in virtue of any Act of Congress, by the circuit courts of the United States, and who, in consequence of such appointment, are authorized to exercise the powers that any justice of the peace or other magistrate of any of the United States, may exercise in respect to offenders for any crime or offence against the United States, by arresting, imprisoning, or bailing the same under and by virtue of the thirty-third section of the act of the twenty-fourth of September, seventeen hundred and eighty-nine, entitled, "An act to establish the judicial courts of the United States," shall be, and are hereby authorized and required to exercise and discharge all the powers and duties conferred by this act.
Sec. 2. And be it further enacted: That the superior court of each organized territory of the United States, shall have the same power to appoint commissioners to take acknowledgments of bail and affidavit, and to take depositions of witnesses in civil causes, which is now possessed by the circuit courts of the United States, and all commissioners, who shall hereafter be appointed for such purposes, by the superior court of any organized territory of the United States, shall possess all the powers, and exercise all the duties conferred by law, upon the commissioners appointed by the circuit courts of the United States for similar purposes, and shall, moreover, exercise and discharge all the powers and duties conferred by this act.
SEC. 3. And be it further enacted: That the circuit courts of the United States, and the superior courts of each organized territory of the United States, shall, from time to time, enlarge the number of Commissioners, with a view to afford reasonable facilities to reclaim fugitives from labor, and to the prompt discharge of the duties imposed by this act.
SEC. 4. And be it further enacted, that 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 Territories 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.
SEC. 5. And be it further enacted: That 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; and should any marshal or deputy marshal refuse to receive such warrant or other process 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 of such marshal; and after arrest of such fugitive by the 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 appointed, to execute their duties faithfully and efficiently, in conformity with the requirements 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 an 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, 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.
SEC. 6. And be it further enacted, That when a person held to service or labor 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 their agent or attorney, duly authorized, by power of attorney, in writing, acknowledged and certified under the seal of some legal office or court of the State or Territory, in which the same may be executed, may pursue and reclaim such fugitive person, either 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 claimant in a summary manner, 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 magistrate, or other authority, as aforesaid, with the seal of the proper court or officer thereto attached, which seal shall 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 aforesaid, 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 from whence he or she may have escaped, as aforesaid. In no trial or hearing, under this act, shall the testimony of such alleged fugitives be admitted in evidence, and the certificates in this and the first section mentioned, shall be conclusive of the right of the person or persons in whose favor granted to remove such fugitives to the State or Territory from which they escaped, and shall prevent all molestation of said person or persons by any process issued by any court, judge, magistrate, or other person whomsoever.
SEC. 7. And be it further enacted, That any person who shall knowingly and willfully obstruct, hinder, or prevent such claimant, his agent, or attorney, 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, or shall rescue, or attempt to rescue, such fugitive from service or labor, or from the custody of such claimant, his or her agent, or attorney, or other person or persons lawfully assisting, as aforesaid, when so arrested, pursuant to the authority herein given and declared, or shall aid, abet, or assist such person, so owing service or labor, as aforesaid, directly or indirectly, to escape from such claimant, his agent or attorney, or other person or persons legally authorized, as aforesaid, or shall harbor or conceal such fugitive, so as to prevent the discovery and arrest of such person, after notice or knowledge of the fact 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, 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 sum of one thousand dollars for each fugitive so lost, as aforesaid, to be recovered by action of debt in any of the District or Territorial Courts aforesaid, within whose jurisdiction the said offence may have been committed.
SEC. 8. And be it further enacted, That the Marshals, their deputies, and the clerks of the said districts and territorial courts, shall be paid for their services the like fees as may be allowed to them for similar services in other cases; and where such services are rendered exclusively in the arrest, custody, and delivery of the fugitives to the claimant, his or her agent, or attorney, or where such supposed fugitive may be discharged out of custody from the want of sufficient proof, as aforesaid, then such fees are to be paid in the whole by such complainant, his agent or attorney, and in all cases where the proceedings are before a Commissioner, he shall be entitled to a fee of ten dollars in full for his services in each case, upon the delivery of the said certificate to the claimant, his or her agent or attorney; or a fee of five dollars in cases where proof shall not, in the opinion of said 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 Commissioners for the arrest and detention of fugitives from service or labor, as aforesaid, shall also be entitled to a fee of five dollars each for each person he or they may arrest and take before any such Commissioners, as aforesaid, at the instance and request of such 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 to the examination, keeping the fugitive in custody, and providing him with food and lodgings 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 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 far 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.
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 such 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. Thereupon the court shall cause a record to be made of the matters so proved, and also a personal 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 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 said record of the identity of the person escaping, he or she shall be delivered up to the claimant. And said court, commissioners, judge, or other persons authorized by this act to grant certificates to claimants of fugitives, shall, upon the production of the record and other evidence 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 which he escaped: 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.
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