The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-02-24
THE MESSAGE.
Executive DEPARTMENT,
February 10, 1850.
DUFF GREEN.

The MESSAGE.
! Executive DEPARTMENT,
February 10, 1850.
To the Senate Of the United States:
/ have received the resolution Of the Senate o.
the 10Th instant, requesting me TO lay before tina
body, if not incompatible with the public interest
any information may possess in regard TO al
! alleged recent case Of forcible resistance to the
execution of the laws of the United States in the
| city OF Boston, and TO communicate to the Senate
under the above conditions, what means have
| adopted to meet the occurrence; and whether, in
my opinion, any additonallegisla,ion is necessary
TO meet the exigency Of the case, and to more
! vigorously execute existing laws.
The public newspapers contain an affidavit oil
Patrick Riley, deputy marshal for the district
OF Massachusetts, setting forth the circumstances
OF the case--a copy Of which affidavit is herewith
| communicated. Private and unofficial commune
cations concur in establshing the main facts Of
| this account but satisfactory official informa-
ton has as yet been received and in some import
ant respects the accuracy of the account has been
denied by persons whom it duplicates. Nothing
could be more unexpected than that such gross
violation of law, such high-handed contempt of
the authority Of the United States, should be per-
petrated by band of lawess confederates, at
MONDAY, in the city OF Boston, and in the very
temple Of justice. Iregard to this fagitious pre-
ceeding as being surprise, not unattended by
| some ueSTee OF HeSlRence; nor 90 uOuDt tnat,
! II any such act OF violence had been appre-
| hended, thousands of the good citizens of Boston
| Would have presented themselves, voluntarily and
promptly, to prevent II; but the danger does not
seem to have been timely made known or duly
appreciated by those who concerned in the
execution OF the process. In community dis
ungulshed for its love of order and respect of the
laws--among people whose sentiment is liberty
and law, and not liberty without law. nor above
the law-such an outrage could only be the result
Of sudden violence, unhappiy too much unpre-
pared for to be successfully resisted. II would be
melancholy, indeed, if we were obliged to regard
this outbreak against the constitutional and legal
authority OF the government as proceeding from
! the general feeling of the people, in spot which
is proverbially called " the Cradle of American
| Liberty"
Such, undoubtedly, is not the fact. 1t violates
without question, the general sentiment Of the peo
pie Of Boston, and of vast ority of the whole
people of Massachusetts, as much as it violates
the law, dehes the authority Of the government,
and dlsgraces those concerned in it, their aiders
and abettors.
1t is, nevertheless, my duty to lay before the
Senate, IN answer to its resolution, some import
ant facts and considerations connected with the
subject.
resolution Of Congress- of September %,
| 1883, declared:
! "That it be recommended to the legislatures of
the several States to pass laws making it express
ly the duty Of the keepers of their jais to receive
and safe keep therein all prisoners committed UNI
der the authority of the United States, until they
shall be discharged by the course Of the laws there
Of under the like penalties In the of pris-
oners committed under the authority of such
States respectively; the United States TO pay for
the use and keeping Of such jais, at the rate of
| fifty cents per month for each prisoner that shall
under their authority, be committed thereto, dur
ing the time such prisoner shall be therein confined
and also to support such of said prisoners as shall
be committed for offences"
further resolu ion of Congress, of the third of
| March, 1871, provides that Whereas Congress
did, by a resolution of the 23d day of September,
| 1889, recommend to the several States to pass
laws making it expressly the duty of the keepers
of their jals to receive and safe keep therein all
| prisoners committed under the authority Of the
United States: in order, therefore, to insure the
administration Of Justice
| "Rssoiped by The Senae and House Of Representa-
fires Of he United States Of .4nrerica in Congress
assembled, That, in case any Suite shall not have
complied with the said recommendation, the mar
shall in such State, under the direction of the Judge
of the district, be authorized TO hire convenient
| place to serve as a temporary Jail, and to make
the necessary provision for the safe keeping Of
| prisoners committed under the authority of the
United States, until permanent provision shall be
made by law for that purposes; and the said mar
shall shall be allowed his reasonable expense,
incurred for the above purposes, to be paid out Of
| the treasury of the United States
| And resolution of Congress of March 3, 1921 !,
provides that "where any State or States, having
complied with the recommendation of Congress
in the resolution Of the twenty third day of Sep
TENDER, 1889, shall have Withdrawn or shall here
after withdraw, either in whole or in part the use
of their jaiIs for prisoners committed under the
authority of the United States, the marshal in
| such State or States, under the direction of the
Judge of the district, shall be, and hereby is,
authorized and required to hire convenient place
to serve as temporary jail, and to make the
necessary provision for the safe-keepng of prison.
ers committed under the authority of the United
States, until permanent provision shall be made
by law for that purposes and the said marshal
shall be allowed his reasonable expenses incurred
for the above purposes, to be paid out of the
treasury of the United States These various
provisions OF the law remain unrepealed.
BY the law of Massachusetts, the law stood
before the act of the legislature of that State Of the
fourth of March, lS43, the common iails in the
respective counties were to be used for the deen-
ton of any persons detained or committed by the
authority of the courts Of the United States, ne
well as by the courts and magistrates Of the State.
But these provisions were abrogated and repealed
by the act Of the legislature Of Massachusetts Of
the Oath Of March, l843
That act declares tina, no JUDGE OF anv court
of record Of this Commonwealth, and no Justice
of the peace, shall hereafter take cognizance or
grant certificate, IN that may arise under the
third section Of an act Of Congress passed Feb
rusry IL, 1893, and entitled AN act respecting fu
gtives from justice, and persons escaping from
the service of their masters, TO any person who
claims any other person ms fugitive slave within
the jurisdiction of the Commonwealth. And il
further declares that " no sheriff, deputy sheriff,
coroner, constable, jailer, other officer Of this
Commonwealth, shall hereafter arrest detan,
or aid in the arrest, detention, or imprison-
ment in any jail or other building belonging to
this Comm N w on III. n Ia citu
town thereof, Of any person, for the reason that
he is claimed M a fugitive slave"
And it further declares that any Justice OF the
peace, sheriff, deputy sheriff, coroner, constable
or jaier, who shall offend against the provisions
of this law, by in any way acting directly or ndi-
rectly under the power conferred by the third sec
ton Of the act Of Congress aforementioned, shall