iency, I have proposed amendments to it in two
particulars. I have understood from gentlemen of the North that there
is objection to the provision giving a different fee where the
commissioner decides to deliver the slave to the claimant, from that
which is given where he decides to discharge the alleged slave; the law
declares that in the latter case he shall have but five dollars, while
in the other he shall have ten dollars--twice the amount in one case
than in the other. The reason for this was very obvious. In case he
delivers the servant to his claimant he is required to draw out a
lengthy certificate, stating the principle and substantial grounds on
which his decision rests, and to return him either to the marshal or to
the claimant to remove him to the State from which he escaped. It was
for that reason that a larger fee was given to the commissioner, where
he had the largest service to perform. But, sir, the act being viewed
unfavorably and with great prejudice, in a certain portion of our
country, this was regarded as very obnoxious, because it seemed to give
an inducement to the commissioner to return the slave to the master, as
he thereby obtained the larger fee of ten dollars instead of the smaller
one of five dollars. I have said, let the fee be the same in both cases.
I have understood, furthermore, sir, that inasmuch as the fifth section
of that law was worded somewhat vaguely, its general terms had admitted
of the construction in the Northern States that all the citizens were
required, upon the summons of the marshal, to go with him to hunt up,
as they express it, and arrest the slave; and this is regarded as
obnoxious. They have said, "in the Southern States you make no such
requisition on the citizen"; nor do we, sir. The section, construed
according to the intention of the framers of it, I suppose, only
intended that the marshal should have the same right in the execution
of process for the arrest of a slave that he has in all other cases of
process that he is required to execute--to call on the _posse comitatus_
for assistance where he is resisted in the execution of his duty, or
where, having executed his duty by the arrest, an attempt is made to
rescue the slave. I propose such an amendment as will obviate this
difficulty and limit the right of the master and the duty of the citizen
to cases where, as in regard to all other process, persons may be called
upon to assist in resisting opposition to t
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