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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 person so appointed shall, to the extent of executing such warrant, and detaining and transporting the fugitive named therein, have all the power and 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 willingly obstruct or hinder such claimant, his agent or attorney, or any person or persons assisting him, her, or them, in so serving or ar resting 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 said person is seized or 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 as 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 under the provisions of the first section of this act.

AMENDMENTS intended to be proposed by Mr. MASON to the bill (S. 23) to provide for the more effectual execution of the third clause of the second section of the fourth article of the constitution of the United States.

At the end of section 5, add: "And any person or persons offending against the provisions of this section, to be moreover deemed guilty of a misdemeanor in obstructing the due execution of the laws of the United States, and upon conviction thereof shall be fined in the sum of one thousand dollars, one-half whereof shall be to the use of the informer; and shall also be imprisoned for the term of twelve months."

At the end of section 6, add: "And in no trial or hearing under this act shall the testimony of such fugitive be admitted in evidence."

1st Session.

No. 13.

IN SENATE OF THE UNITED STATES.

JANUARY 17, 1850.
Submitted, and ordered to be printed.

Mr. JONES made the following

REPORT:

[To accompany bill S. No. 56.]

The Committee on Pensions, to whom was referred the petition of John Le Roy, report:

That it appears from the testimony that John Le Roy was employed by the quartermaster's department of the army as an express rider in the military service during the war with Mexico; and that on a highly important emergency, when Colonel Erwin, of the Ohio volunteers, with a small force, was on the march to join General Taylor, previous to the battle of Buena Vista, he became shut up in the town of Marin, surrounded by a large body of the enemy; and it became highly important to convey intelligence to that officer of the determination to send a force to his relief the next morning, however hazardous the duty of conveying such intelligence might be; and it is in evidence from Captain Montgomery, under whose orders John Le Roy served, that he "promptly volunteered, and after gallantly running the gauntlet, was fired upon while entering. the town by our own sentinel, and wounded in such manner as to render immediate amputation of his left arm necessary." When it is considered that Le Roy so nobly assumed so responsible a duty and so imminent a risk, and so gallantly performed this duty, penetrating the enemy's encampment and lines, and, being hotly pursued into the American camp, instead of receiving relief from pursuit, was, by the American sentinel, taken for one of the enemy, who were then close upon him, and cruelly shot by an American ball, the committee consider this a highly meritorious case; and being recommended to the favorable consideration of the government by the highest military authority then in command of the quartermaster's department and of the army in that part of the enemy's country, the committee have no hesitation in reporting a bill for the relief of John Le Roy, and in recommending its pas-. sage.

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1st Session.

No. 14.

IN SENATE OF THE UNITED STATES.

JANUARY 22, 1850.
Submitted, and ordered to be printed.

Mr. BALDWIN made the following

REPORT:

[To accompany bill S. No. 4.]

The Committee of Claims, to whom was referred the petition of the American Colonization Society, praying remuneration for the support of certain Africans recaptured from the slaver Pons by the United States ship Yorktown, having had the same under consideration, report:

That this petition was referred to the Committee of Claims at the first session of the 30th Congress, and a favorable report, accompanied by a bill for the relief of the petitioners, was made thereon, which the com mittee adopt, and respectfully recommend the passage of the accompanying bill.

List of papers on file in the case of the American Colonization Society. 1. Petition.

2. Letter from Mr. Lugenbeel.

3. Letter from Mr. Fletcher, clerk of American Colonization Society. 4. Account stated.

5. Account of New York Colonization Society.

6. Note from William McLain.

7. Letter from D. A. Hall to Hon. J. R. Underwood.

8. Report of Committee of Claims, 1st session 30th Congress.

No. 1.

The petition of the Executive Committee of the American Colonization Society, praying for remuneration for the support of recaptives landed at Monrovia, Liberia, from the barque Pons, by the United States ship Yorktown, respectfully showeth:

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That on the 16th of December, 1845, the United States ship Yorktown, Commander Bell, landed at Monrovia, Liberia, from the slaver "Pons,' seven hundred and fifty-six recaptured Africans, in charge of the United States agent for recaptured Africans, in a naked, starving, and almost dying condition, and all excepting twenty-one under twenty years of age.

The United States government makes no provision for the support of recaptives after they are landed. The act of March 3, 1819, on the subject, is in these words:

"SEC. 2. And be it further enacted, That the President of the United States be, and he is hereby, authorized to make such regulations and arrangements as he may deem expedient for the safe-keeping, support, and removal beyond the limits of the United States, of all such negroes, mulattoes, or persons of color, as may be so delivered and brought within their jurisdiction; and to appoint a proper person or persons, residing upon the coast of Africa, as agent or agents for receiving the negroes, mulattoes, or persons of color, delivered from on board vessels seized in the prosecution of the slave trade by commanders of the United States armed vessels."

President MONROE, as will be seen by his message of 17th December, 1819, interpreted this act so as to authorize the United States government to support the recaptives after being landed in Liberia. But since then, the Attorneys General have construed the law differently, and have decided that it simply provides for returning recaptives to Liberia, and leaves them entirely destitute. The same Attorneys General have admitted that the intention of those who made the law undoubtedly was, to provide for their support in Liberia, until they were able to take care of themselves, but that the letter of the law will not justify it.

Under these circumstances these seven hundred and fifty-six children must be left to perish, or we must provide for their comfort. We therefore received them, supplied their immediate wants, and provided for their future welfare. In this way thousands of dollars were diverted from the treasury of the society.

We only ask now a fair compensation for the support of these people, and it is not difficult to determine what that is.

It costs the society, on an average, $30 each to support the emigrants sent from the United States to Liberia, six months after their arrival, or until they are able to take care of themselves. These emigrants are civilized, grown up, clothed, have many of the necessaries of life, and to some extent are able to manage their own affairs and aid much in their support.

But the recaptives of the Pons were children-naked, savage, and totally destitute of everything. Manifestly, therefore, it would cost much more to place them in a condition to take care of themselves, than it would emigrants from this country.

In 1828, a bill was introduced into the House of Representatives from the Committee of Ways and Means, proposing to pay the Colonization Society $50 for the support of every recaptive delivered to its agents in Liberia. This, therefore, may be considered the lowest amount which could be reasonably paid for the purpose. We doubt whether any feeble community in America, or in Europe, would consent to receive and permanently to support such a company of naked, starving, savage children, at a lower rate than $50 each. Fifty dollars each is not a high price for the food, clothing, house-room, and medical attendance and nursing which must be furnished immediately, and continued until they can earn their living, and for the house-lots and farms which must be given them when they need them or become of age; and we see not by what right the government of the United States can land them at Monrovia, with no provi

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