The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1851-03-12

IS
OF March, 1871, The marshal of The Unite
h.aies. 10 any State 10 which the use Of III
ja.ls o' the State has been withdrawn in.whol
or IN part from the purpose of the detep,io
oi persons committed under he authority Of IN
ohlted States Is not oui, empowered but ex
press'y required under the direction Of n,
Juoge OF the Disiflcl, To hire conyenieu
place ior the safe keeping Of prisoners com
mi'ted under The authority of the Upltet
states IL VIII be seen, from papers accom-
rahy'ng this commanicalion, that the a,ten
ilon OF the marsha ot Massachusetts was dis
iiGcly called 10 lbis provision If the l,w h,
letter from the Secretary Of the Nayv ri
,he date OF October 2sih last. There is No
ihcial iniofmailnn that the marshal has n,o
'ided any such place for The cot fneneoI Of
his prisoners. II he has not, IT IL To- he 70
GREETED that thus power YVES not exercised h,
the marshal, under he direction Of lie d..
tiiet Judge, immediateiS on the passage of
The act Of the Legislature Of Massachusetts,.
OF the 24 March lS4a and especia IL ina,
II was not exercned % the passage ,r the
fugnye Slave law Of the last tessi.o. or
when the attention ol the marshal VAS s0ef.
"ards particularly drawn to ii.
1t u True that the escape from The denu,v
marsbals N this case WAS uot owing to lhe
want OF prison, or place II COZ fue nen,. bu,
et'i u is not easy 10 see how the prisoner
could have been safely and conveniently de.
lained, during an adjournment the hearing,
ior some days "nhout such place Of cor6ne,
nent. II 1t shall appear that no such place
has been obtained, directions TO The marshal
WI be given 10 lose time in The DISCHARGE
Of this du'y.
transmit to the Senate tho copy Of bro.
c'amaton issued by me on the 18th Instant.
IN relation to these une,pec ed and deploTa.
bic occurrences N Boston, together with CO. |
il"s OF instructions from The Department of
War and Navy relative 10 the general sub /
eot And | cummuuicaie also copies &c ,ei I
graphic dispatches transmitted from the I
Department Of State TO the district attorney 7
md marshal oi the Unued States ior the dis. /
Ilct Of Massachusetts, aud Their answers
hereto.
In rega'd 10 The ls>i branch Of lie inauir,
rade BY the resolution Of the Senate, | have
2 observe that the Constitution declares that
the President shall take care thai The laws
e faithfully executed" aud that "hp shall be
commander chief Of the army aud navy Of
ne United States, aud Of the militia Of the ,
;veraI States when called into the actual
,fyice Of The United States" and lha, Con. .
tess shall have power to provide for calling /;
'rih the militia TO execute the laws of the
mon suppress insutrectiop, and repe' inya. Z
ons." From which II appears thst the ar. I
~ and navy are BY the Constitution, placed c
nder the cunrfol OF the Executive. and pro.
ib'y no legislation Of Congress could add To
diminish the power bus given, bu; BY IN
easing or diminishing or aboishing alto
'iher the army and navy. But not so with "
e militia. The President cannot call the a
iltia into service, even TO execute the laws or u
pei tnsasions, but by the authority of acts
Congress passed for that purpose. But
hen The militia are called into service, in the
amer prescribed by law, then the Con,utu Ia
N itself gives the command TO The Presi, q
nj. Acting on this principle, Congress Il
the act OF February IS, 1895, auhorzed N
e President to- call forth the militia to re. II
! INVASION, and "suppress instructions 10
alnst State government, and TO suppress
mbnatlons against the laws of the Uulted
a es, and cause the laws 10 be faithfully ex
uted." But The acl proceeds to declare ,ha,
leneser 1t may be necessary, in the iudg
mi of the President, to use the military W
ce thereby directed 10 be called forth, the ha
esldent shall forihsuh, by proclamation,
mmand such insurgents to disperse, and re.
e peacesby to their respective abodes, Ii
thin limited time. These words are
lad enough TO requtfr procla nation in a II
.es where militia are called out under thal
(, whether To repcl INVASION or suppress an
direction, or to aid IN executing the laws.
is seciion has, consequently created some
Ibt whether the militia could be called forth
AID IN executing the laws without a pre-. lrs
US proclamation. But vet the proclama an
4 seems to be iH words directed only against lat
urgenls, and TO require them 10 dlsperse, sh
reby implying, no only an insurreclion du
an organiZed, or al least an embodied, fer
ce. Such proclamation in aid Of the civ h,
uihoilIy would often defeat the whole oh ot
by giving such notice TO ne rsons intend iilt