North Carolina standard. [volume] (Raleigh, N.C.) 1850-1852, 1851-02-26

is not only empowered, but expressly required, un-
der the direction of the Judge of the District to hire
convenient place for the safe keeping OF prisoners
committed under authority of the United States IL
will be seen, from papers accompanying this COM
municaton. that the attention of the marshal OF Mas
sachusetts distinctly called this provision oil
the law by letter from the Secretary OF the navy
of the date of October 29th last. There is no omcia
information that the marshal has provided any sucti
place for the confinement of his prisoners Ii ne mas
not. it is to be regretted that this power was NO.
ercsed by the marshal, under the direction OF , t
District judge, Immediately the passage o. 9Th
of the Legislature OF Massachusetts, OF ."e |
March, 1913 and especially that it was MOI f The
ed the passage of the Fugitive Save Id" ~ s
last session, when the attention oil the hin''"
afterwards particularly drawn TO IL. . ,rb,ls
1t is true that the escape from the deputy 'ai
in this case owing to the "a"l vi a 49,,
or place of confinement, but stl'i IL IS no' Easy w
INV the prisoner could have been safely and conVe
nienty detained, during adjournment OF !he "ed
mo for some DAYS without such place OF confinement
If it shall appear that no such place mas oeen ss M
ed directions to the marshal Will be given 10 ioe0 "
time i'm the discharge of this duty.
! | transmit to the Senate the copy OF procla'ha
lion issued by the 18th instant, In relation ~
these Unexpected and deplorable occurrences In
ton, together with copies of instructions from the
partments of War and Navy relative 10 tie gcnoi
subject. And l communicate also copies Vi W ~
graphic dispatches transmitted from the Del t
of State to the district attorney and maishai VI "
nited States for the district of Massachusetts, anu
their thereto.
In regard to the last branch of the inquiry maue ny
the resolution of the Senate, have to observe ina,
the Constitution declares that the President shall
take care that the laws be faithfully eXecnteu' anu
that he shall be colnmanderln-chlel Oh 'i1 ~
any navy of the United States, and OF the In'llha VI
the several Siaes when called into the actual
of the United States'' and that I" Congress shall
have power provide for calling forth the militia u
execute the laws of the Union suppress lnsurrec'on
and repel inyasions.'' From which 1t appears 'ids
the army and navy are, by the Constitution Pidoeu
he lofth he Executives,
Legislation of Congress could add to or dithln'su .'
power thus given, but by Increasing or
abolishing altogether the army and navy Du ,
so with the militia The President cannot can ''
militia into service, to execute the law o leP
invasions, but by the authority OF acts oil Cohsre
passed for that purpose. But when the militia are
then the Constitution itself gives the command 10
the President
Acting on this principle. Congress by the act OF
February %, 1875, authorized the President 10 can
forth the militia repel invasion, and - suppress III
surreclions against State government, and 10 sup
press combinations against the laws oil The Ohl,eu
States, and the laws TO be faithfully eAecueu'
But the act proceeds to declare that, whenever y
be necessary, in the judgment OF the President,
military force thereby directed to De caeo
forth, President shall forthwith, by proclamation
command such insurgents to dlsperse, anu le.''
peaceaby TO their respective abodes wi'nih i''e"
ine These words are broad enough to require
proclamation in all cases where militia are called out
under that act whether to repel invasion or
an instruction, aid in executing the laws ms
section has, consequently, created some douo' WIG
Their the militia could be called forth to aid In
ing the laws without previous proclamation. Dut
yet the proclamation seems TO be In WORDS ueo,eu
only against insurgents, and 10 require them 10 as
perse, thereby Implying, not only an insu5rec c
but an organized, or at least embodied, force;
Such proclamation in aid of the civil authority woua
often defeat the whole object by giving such noice
to persons intended be arrested that they wonia De
enabled fly secrete themselves Inc lofce ldy
he limos in ma ER
sometimes protect the officer after 1t is made' ana
to prevent a l would therefore suggest ina
this section be modified by declaring that no'hlhs
therein contained shall be construed TO require any
previous proclamation when the militia are calieu
forh either repel invasion, to execute me laws
suppress combinations against them; and that me
President may makesuch Call and place such militia
under the control of any civil officer of the United
States aid him in executing the laws or suppress
> ing such combinations and. while SO employed,
they shall be paid by and subslsed al the expense VI
! the United States. c
Congress, not probably adverting to the dltternce
= between the militia and the regular army by the ac
OF March g. 1907, authorized the President 10 use Inc
land and naval forces of the United states LOT !e
same purposes for which he might call tor the mil
tia, and subject to the proclamation Du' lie
power of the President under the Constitution aS
q commander of the army and navy, is general; and
his duty the laws faithfully executed Is genera
and positve and the act of 1907 ought rot to be con-
strued as evincing any disposition In Congress to
limit restrain this constitutional authority. Of
certainty, however II may De well thdI "
gress should modify explain this act In regard
: its provisions for the employment OF The army ano
J navy of the United States,- as well as tnat IL
: regard calling forth the militia 1t is suppose
not to he doubtful that all citizens. whether enrolled
e in the militia not, may be summoned as iheinoe'>
u of the posse comitatus, either by the marshal OF
u commissioner, according to laws and that IL Is thei
duty to obey such summons. But perhaps IL may Ut
" doubted whether the marshal or a commissioner car
summon the posse comtatus an organized m'.iie
force, acting under appropriate olncers' VII"
out the of such officers. This point may ue
! serve the consideration of Congress.
81 use this occasion repeat the assurance tna sc
far as depends me- the laws shall De lalthiuhy eH
ecuted and all forcble opposition to them suppressed
and to this end prepared to exercise whenever
becomes necessary, the power constItutlonay vested
4 in me to the fullest am fully persuaded ina
the great majority of the people OF the country dre
warmly and strongly attached to the Constitution tne
preservation of the Union, the just support or 'e
- Government, and the maintenance OF the authorlty Of
law. | am persuaded that their earnest wlsnes ano
the line of NV constitutional duty entirely concur
and doubt not irmness, moderation and prudence
II Strengthened and animated by the general opinion
the people, will prevent the repetition of occurrences
disturbing the public peace and rePro6ate 6y al Gooo
~ men. MlLLARD FlLhhOAn'
i ANEcDoTE OF PARsoN b. Old Parson D.
n who presided over little flock in one OF the back
tow ms of the State of NJ, was, without any
:, exception, the most eccentric divine we ever kne"
;, His eccentrices carried far In the pulpit as
out of 1t. An instance we will relate
f Among his church members was one who invaria-
=; bly, made practice of leaving the church ere the
q parson two-thirds through his sermon. This