The Port Gibson herald, and correspondent. (Port Gibson, Claiborne Co., Miss.) 1848-18??, 1851-03-14
Message from the President g Concerning
the late Violation Of Law at Boston.


stant, requesting me to lay before that body, if
not incompatible with the public interest, any
information may possess in regard to an aleg-
ed recent case of forc Bile resistance 10 the exe-
cution of the laws Of the United States in the
city Of Boston, and to communicate to the Sem
ate, under tie above conditions, what means
have adopted to meet the occurrence; and
whelher, in my opinion, any additional legisla-
tion is necessary TO meet the exigency of the
case, and to more vigorously execute existing
laws.
The public newspapers contain an affidavit of
Patrick Riley, a deputy marshal for the district
of Massachusetts,, setting forth the circumstan.
ces Of the case, copy of which affidavit is
herewith communicated. Private and unofficial
communications concur in establishing the main
facts Of this account, but no satisfactory official
information has as yet been received, and in
some important respects the accuracy cf the &C.
count has been denied by persons whom it i'm
plica.es. Nothing could be more unexpected
than that such gross violation of law, such
highhanded contempt of the authority of the
United States, should be perpetraled by a band
of lawless confederat es, at MONDAY, in the city
of Boston. and in the very temple Of justice.
regard this fagitous proceeding as being sur
prise, not unattended by some degree of negli-
gence; nor do doubt that, if any such act OF
violence had been apprebended, thousands Of
the good citizens Of Boston would have presen-
ted themselves, voluntarily and promptly, to pre-
vent it; but the danger does not seem 10 have
Seen timely made known, or duly appreciated by
those who were concerned in the execution Of
the process.
In a community distinguished for its love of
order and respect for the laws; among people
whose sentiment is liberty, and law, and not lib
erty without law, nor above the law, such an
outrage could only be the result of sudden vio-
lence, unhappily too much unprepared for to be
successfully resisted. 1t would be melancholy,
indeed il we were obliged to regard this out
break against the constitutional and legal au-
thority 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 people of Boston, and of vast majority
o: the whole people of Massachusetts, as much
as it violates the law, defes the authority of the
Government, and disgraces those concerned in
it, their aiders and abettors.
1t is. nevertheless, my duty to lay before the
Senate, in answer to its resolution, some impor-
lant facts and considerations connected with the
subject.
A resolution of Congress, of September %,
1889, declared:
"That it be recommended to the Legislatures
Of the several States to pass laws, making it ex-
pressly the duty of the keepers Of their jails to
receive and safe keep therein, all prisoners COM
mitted under the authority Of the United States,
until they shall be discharged by the course oil
al.- Al.
case Of prisoners committed under the authority
of such States respectively; the United States to
pay for the use and keeping of such jails, at 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 as shall be committed for Of
fences"
A further resolution of Congress, os the Sd
of March, 1871, provides that 'swhereas Con-
gress did, by resolution o5 the 23d day OF Sep
tember, 1889, recommending to the several
States to pass laws making it expressly the duty
of the keepers OF their jails to receive and safe
keep therein all prisoners committed under the
authority of the United States; in order, there
fore, TO insure the administration Of Justice
"ResoIFed 6g the Senate and House of Repre-
Congress assembled, That in case any State
shall not have complied with the said recon-
mendation, the marshal in such State under the
direction of the Judge of the distict, be author
lied to hire convenient place to serve as a tenn.
porary Jail, and to make the necessary provision
Cor the safe keeping of prisoners committed un-
der the authority Of the United States, until per.
manent 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
And 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 o. September, 1889, shall have Withdrawn
or shall hereafter withdraw, either in whole or
in part the use of their jails for prisoners COM
mitted underline authority OF the United States,
the marshal in snch Stale or States, under the
direction of the Judge Of the district. shall be and
is hereby authorized and required to hire con-
qenent place to serve as temporary Jail, and to
make the necessary provision for the safe keep
ing of prisoners committed under the authority
of the United States, until permanent provision
shall be made by law for that purpose, to be
paid out Of the Treasury of the United States. !"
These various provisions Of the law remain un-
repealed.
By the law of Massachusetts, as that law
stood before the act of the Legislature of that
State, of the fourth of March l843, the common
siails in the respective counties were to be used
for the detention Of any persons detained or
committed BY the authority Of the courts of the
United States, as well as by the courts and mag
istrates of the State. But these provisions were
a5rogated and repealed by the act Of the Legis-
lature of Massachusetts Of the 24th OF March.
1S43
That act declares that "no Judge Of any court
Of record of this Commonwealth, and no justice
Of the peace, shall hereafter take eognizance or
grant certificates in cases that may arise under
the third section of an act OF Congress passed
FEBRUARY II, 1893, and entitled AN act respect
ing fugitiyes from Justice. and persons escaping
from the service OF their masters, % any person
who claims any other person as fugitive slave
within the jurisdiction of the Commonwealth.
And il further declares that mo sheriff, deputy
sheriff, coroner, constable, aor, or other officer
of this Commonwealth, shall hereafter arrest or
detain, or aid in the arrest or detention, or inn
| prisonment in any jail or other building belong
! ing to this Commonwealth, or to any county, city
or town thereof, Of any person for the reason
| that be is claimed as a fugitive slave" And il
! further declares that "any justice OF the peace
sheriff. deputy sheriff. coroner, constable, or Jail