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"Studies In American Political History (1897)"

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 the execution of the laws.
I have provided further, sir, that the amendment to the Constitution
which I here propose, and certain other provisions of the Constitution
itself, shall be unalterable, thereby forming a permanent and
unchangeable basis for peace and tranquillity among the people.


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