The Online Library of Liberty

A project of Liberty Fund, Inc.

• Poverty, Its Illegal Causes and Legal Cure.—part I. By Lysander Spooner.
• Recommendations.
• Act of Congress of 1793.: An Act Respecting Fugitives From Justice, and Persons Escaping From the Service of Their Masters.
• Act of Congress of 1850.: An Act to Amend, and Supplementary to the Act, Entitled “an Act Respecting Fugitives From Justice, and Persons Escaping From the Service of Their Masters,” Approved February 12, 1793.
• A Defence For Fugitive Slaves.
• Chapter I.: Unconstitutionality of the Acts of Congress of 1793 and 1850.
• Chapter II.: The Right of Resistance, and the Right to Have the Legality of That Resistance Judged of By a Jury.
• Chapter III.: Liability of United States Officers to Be Punished, Under the State Laws, For Executing the Acts of 1793 and 1850.
• Appendix A.: Neither the Constitution, Nor Either of the Acts of Congress of 1793 Or 1850, Requires the Surrender of Fugitive Slaves.
• Appendix B.: Authorities For the Right of the Jury to Judge of the Law In Criminal Cases.
• Appendix C.: Mansfield’s Argument Against the Right of the Jury to Judge of the Law In Criminal Cases.
• Appendix D.: Effect of Trial By Jury, In Nullifying Other Legislation Than the Fugitive Slave Laws.
• Unconstitutionality of Slavery. Parts First and Second.
• Recommendations.
• Also For Sale As Above.

RECOMMENDATIONS.

“We have read this pamphlet carefully, and are prepared to say we have seen no work for a long time which we think so much deserves the attention of laboring men as this.”—Charter Oak.

“It abounds in bold and original thoughts. The illegal causes of poverty are stated, and a number of important propositions hearing on the subject laid down; and, on the whole, we consider it a work well worth studying—affording, as it does, many valuable hints to the statesman and political economist.”—Hunt’s Merchant’s Magazine.

“An able, and certainly original work, from the pen of Lysander Spooner, Esq.,—author of that powerful book which demonstrates the unconstitutionality of American Slavery. There is no writer of the age, of logical acumen more searching than Spooner.” “This new work is destined to lead to a re-examination of all former systems of political economy.” “At first blush his economical propositions strike us as sustainable—and if they are so, his work will prevail, and produce an important revolution in the present prevailing system.” “Every one should read it.”—Bangor Gazette.

“It is a bold attack upon some of the principles that regulate the Judiciary in their decisions in regard to contracts. In so far as the causes of poverty are to be traced to such sources at all, and to be remedied by legal means, the work is one of great discrimination and power.”—Herald of Freedom.

“A neat pamphlet of 108 pages—a very remarkable production.” “Whether all the anticipations of Mr. Spooner would be realized by the full adoption of his theory, we do not here stop to inquire; but we heartily commend his endeavor to the notice of all who love a transparent, forcible diction—intrepid independence—original thought, and entire freedom from the cant of sect or party. As a judicial writer, he has a depth, a compass, far beyond any one whose productions have met our eye in a long time.”—Albany Patriot.

“Most men, in discussing this subject, would rear a pile of hypotheses heaven-high, and spin a web of sophisms broad enough to cover it, but all to no practical use. To elucidate, to any purpose, the Causes and Cure of Poverty requires the hair-splitting subtlety of a thorough-bred lawyer, or doctor of divinity, united to profound legal knowledge, and a strong, practical, unhampered intellect; and the very man, of all others, to broach this business is Lysander Spooner, the author of the above-named work. This book is written with wonderful clearness and force. The propositions are squared as exact, and fit as smooth as a set of mathematical blocks; and the whole work will from an enduring monument of legal learning and acumen.” “He lays down seven propositions as the basis of his own scheme, each one of which is logically demonstrated and put beyond controversy. Every man is personally interested in the subject of which this work treats, and this fact alone should secure for it an immense circulation.”—Hampshire Herald.

“The work now under notice fully sustains the reputation of the author as a deep abstract thinker, legal critic, acute reasoner, and benevolent political economist.”—Adin Ballou.

“Even propositions which appeared to us at first view untenable, are made to appear at least plausible. His views of the causes of many deplorable evils in the existing state of society, under the present system of legislation, are not easily put by. We do not now agree with all the views of Mr. Spooner. But we do say that we have derived instruction from the perusal of his work before us, and that no intelligent man can give it a careful perusal without perceiving that he is following the train of a strong, comprehensive, and cultivated mind,—and that he is coming in contact with principles and arguments which it is well that the community should know.”—Christian Freeman.

“We would commend it to those who are interested in such speculations, as a clear, dispassionate, well-considered examination. On paper, the conclusions follow beautifully and naturally from the premises.”—Christian Register.

“Mr. Spooner has a clear head, and a right noble heart.” “Poverty,” &c., is a well reasoned and admirably written book. From our soul we thank him for its timely and lucid exhibition of the demands of natural justice, or the requirements of natural law, and we sincerely hope that he may continue his investigations until he has completed a series of political essays, adapted to the wants of the times, such as no other man within our knowledge is capable of preparing.” “We warmly recommend it to the perusal of all earnest and thoughtful.”—Correspondence of Voice of Industry.

Act of Congress of 1793.

An Act respecting Fugitives from Justice, and persons escaping from the service of their Masters.

Sec. 1.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever the executive authority of any State in the Union, or of either of the territories northwest or south of the river Ohio, shall demand any person as a fugitive from justice, of the executive authority of any such state or territory to which such person shall have fled, and shall moreover produce the copy of an indictment found, or an affidavit made before a magistrate of any state or territory as aforesaid, charging the person so demanded, with having committed treason, felony or other crime, certified as authentic by the governor or chief magistrate of the state or territory from whence the person so charged, fled, it shall be the duty of the executive authority of the state or territory to which such person shall have fled, to cause him or her to be arrested and secured, and notice of the arrest to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be dellvered to such agent when he shall appear: But if no such agent shall appear within six months from the time of the arrest, the prisoner may be discharged. And all costs or expenses incurred in the apprehending, securing, and transmitting such fugitive to the state or territory making such demand, shall be paid by such state or territory.

Sec. 2.And be it further enacted, That any agent appointed as aforesaid, who shall receive the fugitive into his custody, shall be empowered to transport him or her to the state or territory from which he or she shall have fled. And if any person or persons shall by force set at liberty, or rescue the fugitive from such agent while transporting, as aforesaid, the person or persons so offending shall, on conviction, be fined not exceeding five hundred dollars, and be imprisoned not exceeding one year.

Sec. 3.And be it also enacted, That when a person held to labor in any of the United States, or in either of the territorles on the northwest or south of the river Ohio, under the laws thereof, shall escape into any other of the said states or territory, the person to whom such labor or service may be due, his agent or attorny, is hereby empowered to seize or arrest such fugitive from labor, and to take him or her before any judge of the Circuit or District Courts of the United States, residing or being within the state, or before any magistrate of a county, city or town corporate, wherein such seizure or arrest shall be made, and upon proof to the satisfaction of such judge or magistrate, either by oral testimony or affidavit taken before and certified by a magistrate of any such state or territory, that the person so seized or arrested, doth, under the laws of the state or territory from which he or she fled, owe service or labor to the person claiming him or her, it shall be the duty of such judge or magistrate to give a certificate thereof to such claimant, his agent or attorney, which shall be sufficient warrant for removing the said fugitive from labor, to the state or territory from which he or she fled.

Sec. 4.And be it further enacted, That any person who shall knowingly and willingly obstruct or hinder such claimant, his agent or attorney when so arrested pursuant to the authority herein given or declared: 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 five hundred 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 or on account of the said injuries or either of them.

JONATHAN TRUMBULL,
Speaker of the House of Representatives.

JOHN ADAMS,
Vice President of the United States, and President of the Senate,

Approved February 12th, 1793.

GEORGE WASHINGTON,
President of the United States.

Act of Congress of 1850.

An Act to amend, and supplementary to the Act, entitled “An Act respecting Fugitives from Justice, and persons escaping from the service of their Masters,” approved February 12, 1793.

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 balling 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 superlor court of each organized territory of the United States shall have the same power to appoint commissioners to take acknowledgments of ball 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 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 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 and 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 magistracy 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 fugitive 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 fugitive to the State or Territory from which he 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 willingly obstruct, hinder, or prevent such claimant, his agent or attorney, or any person or persons lawfully assisting him, her, or them, from arresting such 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, 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 district 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 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 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 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 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 commissioner 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 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 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.

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 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. 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 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 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 of the 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 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.

HOWELL COBB,
Speaker of the House of Representatives.

WILLIAM R. KING,
President of the Senate, pro tempore.

Approved September 18th, 1850.

MILLARD FILLMORE.

A DEFENCE

for

FUGITIVE SLAVES,

against the acts of congress of february 12, 1793, and september 18, 1850.

BY LYSANDER SPOONER.

BOSTON:

BELA MARSH, 25 CORNHILL,

1850.

Entered according to Act of Congress, in the year 1850,

By LYSANDER SPOONER,

in the Clerk’s Office of the District Court of Massachusetts.

A DEFENCE FOR FUGITIVE SLAVES.