Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1851-02-28
The Message.
EXECUTIVE DEPARTMENT,
February 10, 1851.


February 10, 1851.
To the Senate of the United States:
| have received the resolution of the Senate of the
18th instant requesting to lay before that body,
if not incompatible with the public interest any in
formation may possess in regard to the alleged re-
cent of forclbe 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 addi-
tonal legislation is necessary to meet the eXigency
of the case and to more vigorously execute existing
laws.
The public newspapers contain an affidavit of Pat
rick Riley deputy marshal for the district of Mas
sachusetts, setting forth the circumstances of the
Casa copy Of which affidavit is herewith commu-
ncated. Private and unofficial communications con
cur in establishing the main facts of this account
but no satisfactory official information has as yet
been received and m some important respects the
accuracy OF the account has been denied by persons
whom it duplicates. Nothing could be more unex-
pected than that such gross violation of law, such
high handed contempt Of the authority of the Uni
ted States should be perpetrated by band of law
less confederates at monday in the city of Boston,
and in the very temple of Justice regard this fla
gtious proceeding as being surprise not unatten-
ded by some degree of negligence; nor do | doubt
that if any such act of violence had been apprehen-
ded, thousands of the good citizens of Boston would
have presented themselves, voluntarily and prompt
ly to prevent it but the danger does not seem to
have been timely made known duly appreciated
by those who concerned in the execution of the
process In community distinguished for its love
of order and respect for the lawS-among a people
whose sentiment is liberty and law, and not liberty
without law, above the law-such an outrage
could only be the result of sudden violence unhap-
PLY too much unprepared for to be successfully re-
sisted. 1t would be melancholy, indeed, if we were
obliged to regard this outbreak against the constiu-
onal and legal authority of the government as pro-
ceeding from the general feeling of the people, in
spot which is proverbially called the Cradle of A
merican Liberty
Such, undoubtedly, is not the fact. It Violates
without question, the general sentiment of the peo
pie of Boston, and of vast majority of the whole
people OF Massachusetts, much as it violates the
law defes the authority Of the government and dis
graces those concerned in it, their aiders and abet-
tors.
It is nevertheless my duty to lay before the SEN
ate in answer to its resolution some import facts
and considerations connected with the subject
A resolution of Congress, of September %, 1879,
declai Id
That it be the legislatures the
states TO pass laws making expressly the duty OF the
keepers of their als to receive and safe keep therein all p
oners committed under the authority of the United States
until they snail be discharged by the course OF the laws there
Of under the like penalties in the of prisoners
United States pay for the keeping such ails
the rate OF fifty cents per month for each prisoner that shall
under their authority be committed thereto during the time
such prisoner shall be therein confined and also to support
such of said prisoners shall be committed for Offences
further resolution of Congress- of the third of
March, 1871, provides that Whereas Congress did,
by resolution of the 23d day of September, 1888
recommend to the several States to pass laws making
it expressly the duty of the keepers of their ias to
receive and safe keep therein all prisoners commit
ted under the authority of the United States: in Or
der, therefore, to insure the administration of JUS
tee
ResoUed By the and House of Representatives of
in any shall not have complied with the said
commentator. the marshal in such State under the drec
ton of the judge of the district be authorized hire
venient place to jail and to make the
the authority the United States until provs-
ion shall be made by law for that purpose and the said
shall shall be allowed his reasonable expenses, incurred for
the above purposes to be paid ofhe treasury of the Uni
ted States
And a resolution of Congress of March 8, 1921,
provides that where any State OR States having
complied with the recommendation of Congress in
the resolution of the twenty third day of September
1882 shall have withdrawn shall hereafter with
draw, either in whole in part the of their as
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 temporary jail. and to
make the necessary provision for the safekeepng of
prisoners committed under the authority of the Uni
ted States, until permanent provision shall be made
by law for that purpose: 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 as that law stood be-
fore the Of the legislature of that State of the
fourth of March, 1913, the common jails in the
spective counties to be used for the detention
Of any persons detained or committed by the author
ty of the courts of the United States, as we'll by
the courts and magistrates of the State. But these
provisions abrogated and repealed by the act
of the legislature of Massachusetts of the Oath of
March, 1913.
That act declares that ''no Judge of any court of
record of this Commonwealth and no Justice Of the
peace, shall hereafter take coguizance, grant
tlhcate, in that may arise under the third
ton Of the act Of Congress passed February II 1898
and entitled An act respecting fugitives from u.s.
tice, and persons escaping from the service of their
masters, to any person who claims any other person
fugitive slave within the jurisdiction of the
Commonwealth And it further declares that {" no
sheriff, deputy sheriff coroner constable, iaor or
other officer of this Commonwealth shall hereafter
arrest detain aid in the arrest or detention
Imprisonment in any jail other building belonging
to this Commonwealth, or to any county, city or
town thereof of any person, for the that he
is claimed a fugitive slave"
And it further declares that any Justice of the
peace, sheriff, deputy sheriff. coroner, constable,
jaor who shall offend against the provisions of this
law, by in any way acting directly indirectly
der the power conferred by the third section of the
act of Congress aforementioned. shall forfeit sum
not exceeding one thousand dollars for every such
offence for the use of the county where said offence
is committed shall be subject to imprisonment
not exceeding one year in the county Jail"
This law, it is obvious, had two objects: the first
was to make it penal offence in the officers and
gistrates of the Commonwealth to exercise the pow
ers conferred them by the act of Congress Of the