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Document introduced in:

Session 11942: 1862-03-12 12:00:00

The Senate considers S. 108 in Committee of the Whole

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S. 108

Shown with amendment 'None' (e871149)

There are 0 proposed amendments related to this document on which decisions have not been taken.

A Bill

For the release of certain persons held to service or labor in the District of Columbia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all persons held to service or labor within the District of Columbia, by reason of African descent, are hereby discharged and freed of and from all claim to such service or labor; and subjection to service or labor proceeding from such cause shall not hereafter exist in said District.

Sec. 2. And be it further enacted, That all persons holding claims to service or labor against persons discharged therefrom by this act may, within ninety days from the passage thereof, but not thereafter, present to the commissioners hereinafter mentioned their respective statements or petitions in writing, verified by oath or affirmation, setting forth the names, ages, and personal description of such persons, the manner in which said petitioners acquired such claim and any facts touching the value thereof.

Sec. 3. And be it further enacted, That the President of the United States, with the advice and consent of the Senate, shall appoint three commissioners, residents of the District of Columbia, any two of whom shall have power to act, who shall receive the petitions above mentioned, and who shall investigate and determine the legal validity of the claims therein presented, and who shall appraise and apportion, under the proviso hereto annexed, the value in money of the several claims by them found to be valid: Provided, however, That the entire sum so appraised and apportioned shall not exceed in the aggregate an amount equal to $300 for each person shown to have been so held by lawful claim: And provided further, That no claim shall be allowed for any slave or slaves brought into said District after the passage of this act; or which originate in or by virtue of any transfer heretofore made or which shall hereafter be made, by any person who has in any manner aided or sustained the rebellion against the Government of the United States.

Sec. 4. And be it further enacted, That said commissioners shall, within nine months from the passage of this act, make a full and final report of their proceedings, findings, and appraisement, and shall deliver the same of the Secretary of the Treasury, which report shall be deemed and taken to be conclusive in all respects, except as hereinafter provided; and the Secretary of the Treasury shall, with like exception, cause the amounts so apportioned to said claims to be paid from the treasury of the United States to the parties found by said report to be the lawful holders thereof, and the same shall be received in full and complete compensation: Provided, That in cases where petitions may be filed presenting conflicting claims or setting up liens, said commissioners shall so specify in said report, and payment shall not be made according to the award of said commissioners util a period of sixty days shall have elapsed, during which time any petitioner claiming an interest in the particular amount may file a bill in equity in the circuit court of the District of Columbia, making all other claimants defendants thereto, setting forth the proceedings in such case before said commissioners and their action therein, and praying that the party to whom payment has been awarded may be enjoined from receiving the same; and if said court shall grant such provisional order, a copy thereof may, on motion of said complaint, be served upon the Secretary of the Treasury, who shall thereupon cause the said amount of money to be paid into said court, subject to its orders and final decree, which payment shall be in full and complete compensation, as in other cases.

Sec. 5. And be it further enacted, That said commissioners shall hold their sessions in the city of Washington, at such place and times as the President of the United States may direct, of which they shall give due and public notice. They shall have power to subpoena and compel the attendance of witnesses, and to receive testimony and enforce its production, as in civil cases before courts of justice; and they may summons before them the persons making claim to service or labor, and examine them under oath; and they may also, for purposes of identification and appraisement, call before them the persons so claimed. Said commissioners shall appoint a clerk, who shall keep files and complete record of all proceedings before them, who shall have power to administer oaths and affirmations in said proceedings, and who shall issue all lawful process by them ordered. The marshal of the District of Columbia shall personally, or by deputy, attend upon the sessions of said commissioners, and shall execute the process issued by said clerk.

Sec. 6. And be it further enacted, That said commissioner shall receive in compensation for their services the sum of $2,00 each, to be paid upon the filing of their report; that said clerk shall receive for his services the sum of $200 per month; that said marshal shall receive such fees as are allowed by law for similar services performed by him in the circuit court of the District of Columbia; that the Secretary of the Treasury shall cause all other reasonable expenses of said commission to be audited and allowed, and that said compensation fees and expenses shall be paid from the treasury of the United States.

Sec. 7. And be it further enacted, That for the purpose of carrying this act into effect there is hereby appropriated from the treasury of the United States a sum not exceeding $1,000,000.

Sec. 9. And be it further enacted, That all acts of Congress and all laws of the State of Maryland in force in said District, and all ordinances of the cities of Washington or Georgetown, inconsistent with the provisions of this act, are hereby repealed.

Sec. 10. And be it further enacted, That the commissioners provided for in tins act shall be, and they are hereby, authorized to make and effect an equitable and just settlement of all demands existing between the master or owner and the so-called slave; allowing the master a reasonable compensation for all supplies of food, clothing, or money he may have paid said slave, and for all expenses he may have incurred in consequence of his sickness or disability, as well also as for all the master may have expended for his moral or intellectual education. At the same time, to settle and adjust this account, said commissioners shall allow the slave (and charge the same against his master’s account) a just and fair compensation for all services rendered and labor performed; and such balances as the said commissioners may find to be actually due, either to master or slave, shall be paid to each respectively, out of the money hereby appropriated for carrying into effect the provisions of this act. All persons under the age of twenty-one years appealing before said commissioners shall be represented by their parents, if living, and within the District, and adjudged competent and responsible to act in behalf of an interest for others. If non-residents, of judged incompetent, or not trustworthy, said commissioners shall appoint trustees or guardians for all minors and incompetent persons, whether master or slave, under such rules and regulations as they may prescribe: Provided, always, That in no event shall the amount found to be due either master or slave exceed the average sum of $300 for each person liberated by the provision of this bill.

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