Page:The Collected Works of Theodore Parker Politics volume 4 .djvu/236

224 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 shall 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 hebe [sic], 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 labour, 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 labour, to escape from such claimant, his agent, or attorney, or shall harbour or conceal such person, after notice that he or she was a fugitive from labour, 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 labour 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