The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-02-22

jail ana 70 make the necessary pro Tor the safe
keeping Of prisoners committed under the authority
Of the United States until permanent psovsion shall
be made by law for that purpose and the said Mar
shall shall be allowed his reasonable expenses incurred
for the above purposes to be paid out Of the Treasury
Of tho United Sstes and resolution Of Congress of
March Sd, 1921, provides that where any State or
States having complied with the recommendation Of
Congress In the resolution Of the 23d day Of Septe.
ber $780, shall hsvewithdrswn or shall hereafter with
draw, either in whole In part, the use OF their
Jais for prisoners committed under she authority Of
the United States the Marshal In such State or
States under the direction OF the Judge of the district
shall be and is hereby authorised and req ured to hire
convenient place to serve tenn porary jail and
to make the necessary provision for the safe keeping
Of prisoners committed under the authority Of the
United States untl permanent provision shall be made
by law for that purpose and the said Marshal shall bs
allowed his expenses incurred for the above
purposes be paid out OF the Treasury Of the United
6ateso Theeo various provisions Of law reuain
peaed By the law Of Massachusetts that law stood
4th Of March, l843 the common ais in the psovs
counties were to be used for the detention OF any
dst.sd m or committed BY the authority Of
and magistrates OF the State but these provisions
rss and raps:ed BY the act of to Lsss
any court Of record Of this eommonssslth, onss b
nzsnoe or grant certifoates in that may arise
uneer the third section Of act of Congress passed
February 18th 1898 and entitled An Act respecting
fugitves from justice and persons escaping frem the
service OF their masters to person who claims any
other person ss fugitive slave within the jurisdiction
OF this and 1t further declares that
No sheriff deputy sheriff, coroner, constable, jsor
or other officer of this sha hereafter
arrest or deain or aid In tho arrest detention
imprisonment In any JAIL other building belong aging
to this commonwealth, or to any county, cty
fugitive elave" and il further Declares that Any
justice of the peace sheriff deputy sheriff coroner
oonstabs Or jaior who shall offend against the pro
visions OF this law by in any way acting directly or
indirectly, under the power conferred by the third
section CT the act of Congress afore mentioned shall
forfeit sum not exceeding one thousand dollars for
every such offence the Of tho county where said
cence Is shall be subject to
not exceeding year in the county an This law 1t
is obvious had two objects The first was to make il
penal offence In sll oficeYs and magistrates of the
eeSSmmenwsaih to exercise TIE powers conferred on
1888 entitled An act respecting ugitives from JUS
tice and persons escaping from the service Of their
to perform to the time of this inhibition penal
enactment second to refuse the OF the jails OF
fugitive slave 1t Is deeply to bs that the
purpose OF these ensetments quite apparent 1t was
20 prevent so - AZ the Legslature of TIP sta.e could
prevent the laws OF Congress assed for the purpose
Of carrying into effect that article OF the constutisn
OF the United States which declares that No person
hld to service or labor in State under the laws
thereof escaping into another shall In consequence
OF any law or regulation therein be discharged frem
such service or labor, but shall be delivered up on
be due) from being carried into effect. But these
acts OF State legi,lstion although they may cause
tn0 create expense cannot derogate
either from the duty or the authority of Congress to
carry out fully and fairly the plain and i'm perstiy
constitutional provision for the delivery or psfsons
bound to labor in one State, and escaping into an.
other to the party to whom such labor may be du.
IL quite clear that by the resolution OF Of
50 March ls2i the Marshal Of the United states in
any state In which the use Of hs as OF the State has
been withdrawn in whole in part from the purposs
OF the detention Of peIsons committed under the
but expressly required, under the direction Of the
Judge Of the district to hire convenient place Tor
rty Of the United states 1t will be seen from papers
accompanying this commune cation, that the attsn-
tion OF the Marshal of Massachusetts, distinctly
called 10 this provision Of the Law by letter the
Secretary of the Navy Of the date October 2sth
There no official information that the Marshal has
provided any such place for the confinement OF his
prisoners. II he has not IL Is TO be regretted th
this power WAS not exercised by tho Marshal under
the direction Of the District Judge i'm M ediatsly on
the passage of the act Of the Legislature of Masachu
setts Of the 24th OF March ls42 and that
Il exercised on the passage OF the Fusitivc
slave law OF the last session. or when the ntsn
the Marshal was after wards particularly drawn to II
IL is true that the escape from the Deputy Marsha
in this care Was not owing to the Of prison or
place OF confinement but stil OF easy 20 see how
the prisoner oeuld have been safely and conv
some days without such place Of conhnemsnt II |
y shs appear that no ,uch place has been obtained
to the Msrhsl will be given 10 lose time
transmit to the Senate the copy Of proclamation
issued ny me on the 18th inst in relation those
expected and deplorAbs occurrences IN Boston, to-
gether with copies of Instructions from the depart.
msnts of War aud Navy relative to the general ssbest
and also copies of t.grarhic dssps
from the Department of State to the District Attorney
and Msrthal OF the United States for the District Of
aud their answers thereto.
In regard TO the law branch OF the enquiry made |
by the resolution OF the Senate have TO observe that
the oonstntion declares that the President sha take
care that the lave be faithfully executed and that
sh all be lander In chief of the army navy OF
the United ststes aud Of tho States when called Into
the sctua service OF the United Slater and that Con-
eress shall have power to provide Tor csipg for the
militia to execute the laws OF the Union suppress In.
pesrs that the army and navy by the constitution
placed under the control OF the executive and pro-
baby no Legislation OF Congress could add TO dmi
bise the power thus given but by increasing, dni-
nishipg. or sbolishing altogether the army navy.
Bat not 30 with the militia. The President can.
not call out the militia into service even TO
execute the laws or repel invasions, but by the
authority OF acts OF Congress passed for that pur.
in the manner prescribed by law the constitution H.
self gv,s the command to the President. Acting on
this prineipe Congress, by the act of February %,
l1t5 authorized the President to call forth the mt
litis TO repel invasion, and suppress, nsurrectsus
sgsinst stste government, aud TO suppress combi-
csuse laws TO be faithfully executed But that ait
proceeds TO declare that whenever 1t may be
fsry in the Judgment Of the President TO use the
President shsl forth with, by proclamation command
such Insurgents TO dispsrse and retire pesceasly 10
their respective asodes within limited time Thsse
words are broad enough to requir, proclamation In
oil cases where the militia called out under that
set wbsthsr to repd invasion, suppress an insur
causes some doubt -heth.r the militia could be
called forth In executing the laws without q pro-
osmaton but Jet the proclamation seems 70 be In
words directed only sgainst. Insurgents, and to
require them to shper,e, thereby i'm plying not
only an insurrection, but organized or at least
an embodied, fsrcs. such a pr ocIsmatlon IN
aid Of the civil authority, would often def at the
vhos object by giving such notice persons iatended
TO be arrested that they wsud be .nsblsd 20 Az or
sscreie themselves. The force may be wanted some
times TO make the arrest aud also sometimes to pro-
tect the officer after IL IL made, aud TO prevent
rescue. would therefore sugre.t that th, section
Be mtdihed, by declaring that nothing therein con-
tained shall he construed TO require any previous pro-
clam alton when the militia called forth either TO
repei Invasion TO exesute the laws suppress COM
binstione against them, and that the President msy
make such cell and place such militia under the
troll OF any civil officer Of the United States to aid
him In executing the laws, or suppresng such com.
binstons; and while 20 employed, they shall be paid
by and sub.ited ut the expense Of the United States
Congress not probably sdveftiDg TO any difference
between the militia and the regular army, by the act
Of March 1907 suthorizes the President to the
and and naval tnrcs Of the Halted atatss for the