New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-02-22

IN my opinion, any additional legislation il ne..
sary to meet the exigency Of the case, and !,
more vigorously execute existing laws. The pUH'
lie newspapers contain an affidavit Of Patrick pi
ley. Deputy Marshal for the District of Ms,,,
chusetts, setting forth the circumstances Of n.
case, a copy Of which affidavit is herewiS
communicated. Private and unofficial Cos
munications concur in establishing the ma
facts Of this account; but no satisfactory o.;
informs alton has as yet been received. and In a..
important respects the accuracy Of the accoups,
has been denied by persons whom /, implic,ts.
Nothing could be more unexpected than that suI
a gross violation of law such a high handed c.
tempt of the authority OF the nited States shoua
be perpetrated by band of lswless confeder,t..
at noon day. in the city Of Boston and in the vs,,
Temple Of Justice. ! regard this Hsgtious mn
ceeding as being surprise, not unattend ed bysoa.
degree Of negligence, nor do doubt that II spv
such act of violence had been apprehended, thou..
ands Of the good citizens of Boston would nav.
presented themselves voluntarily and promptly n
prevent it; but the danger does not seem 10 h.vs
been timely ms de known or daily appreciated hv
those who were concerned in the execution of tia
process in q community distinguished for It's loys
of order and respect for the laws-smong Pea
pie whose sentiment 10 Liberty and Lsw. and po,
Liberty without Law nor above the Law SQA
an outrsge could only be the result Of sudden VIC.
lepce unhappily too much unprepared for 20 b.
successfully resisted. Ii would be melancholy
indeed il we were obliged TO regard this oatbresi
against the constitutional and legal authority Of
the Government as proceeding from the genera
feeling of the People on a spot which is pro
verbally called the Cradle OF American Liberty
Such undoubtedly not the fact; il violates with
out question, the general sentiment OF the people
of Boston, and q vast aiority of the whole PEG.
pie of Massachusetts, as much as it violates the
law, defes the authority OF the Government, sHi
disgraces those concerned in il, their aiders an
IL Il. ,ovarthalaa9 1uty 70 IL 4.
fore the Senate in answer TO its resolution, some
important facts and considerations connected with
the subject. A resolution OF Congress- Of Sep
TENDER %, 1889, declared that 1t be recommended
TO the Legislatures OF the several states 10 paa
laws making il expressly the duty OF the Keepeu
OF their jails, to receive and safe keep therein all
prisoners committed under the authority oil the
United States, until they shall be discharged By
due course of the laws thereof under the like
penalties, as in the case of prisoners commitled
under the authority Of such States, respectively
the United States to pay for the use and keeping
of such ails at the rate OF 80 cents per month for
each prisoner that shall under their author.
ty be committed thereto, during the time such
prisoners shall be therein confined, and also 10
support such Of said prisoners es shall be com.
rnitted for offences. A further resolution OF Coz.
eress of the Sd of March, 1871, provides that
Whveos Congress DID oy rssoauon 81 .ne go aye
Laws making Il expressly the duty OF The keepers Of Their
ais 10 receive and safe beep therein, all prisoners commit
ed under The authority Of The nled states In order there
fore 10 insure the Administration OF justice
R,solred bv the Senate and House Of Repyesenaira
the United States Of Araerica Congress assembled Thai
an cse any state shall NOT have compiled with the said
recommendation, the Marshal In such state under the
H an Sr o conYeo.nt place TO serve az Temporary
JAIL and 10 make the necessary provision LOT the safe
keeping OF prisoners committed under tne sInnony o.
the United States until permanent provision shall be made
by law for that purpose and The said mHshs shalt eh
lowed his reasonable expenses incurred for me above pur
poses be paid out OF the Treasury OF me United ess
And Resolution Of Congress OF March 3d. 1891 provides
that where any State States having complied win Ne
recomme ndHtion Of Congress In the Resolution OF ne
29d day of September 1889, shall have Withdrawn %
shall hereafter Withdraw, either In whole or "a PAL
The authority of The United STATES The M1shsl, 10 na
State States, under the direction OF the Judgeon
District shall be and hereby authorized and regurs
hire a convenient place. 10 serve as temporary JA ~
10 make necessary provision for the safe keeping
prisoners committed under the authority of the Usz
States until permanent provision shall DC made Tor sac
purposes and the said Marshal shall be allowed his
able expenses incurred for the above purposes 10 be pad
out of The Treasury Of the United States These various
provisions OF law remain unrepeaed by the law Of Mssss
chuses that law stood before the Act Of the Legsa
ture sale ith March s45 The Common Ja
in The respective Counties be- used desenOa
OF prisoners detained committed by the authority OF
the Courts OF the United States as well Is the Courts and
Magistrates Of the State But these provisions abs
gated and repealed by the Act OF the Legislature OF Ms
chuses, Of the goth March ls43 That Act declares s
Judge OF any Court OF Record OF this Commonwealth
and Justice of the Peace shall hereafter cognzanc.
grant certificates In that may arise under the
entitled act respecting fagityes from justice and
persons escaping from the service Of their 10 J
person who claims any other person fugitive Stare
within the jurisdiction of the Commonwealth, and q
further declares that no Sheriff Deputy Sheriff Corone
Constable, Jalor or other officer Of this Commonwealth
shall hereafter arrest detan aid In The arrest dee
ton imprisonment in any Jail or other building belong
Ing to ibis Commonwealth or to any County Ciy OF Iewi
thereof 81 any person for the that he 10 claimed
a. Fugitive Slave and further declares that any Jusne'
Of the Peace Sheriff Deputy Sheriff. Coroner, Constable
or Jsor who shall offend against the provisions Of hs
Law. by In any way acting drecy Indirectly under be
power conferred by the third SECTION OF the Of Congress
afore mentioned, shall forfeit exceeding 0ne
thousand dol airs for every such offence for the Of DE
County where ssd offence 10 committed, or shall y
subject to imprisonment not exceeding one year 10 ne
This Law, it is obvious, had two objects, the |
first was to make it penal ofiense in oil offices
and Magistrates Of the Commonwealth TO exef
else the powers conferred on them by the actd |
Congress of the 10th OF February l793 entitled |
an act respecting fugityes from Justice and per
sons escaping from the service Of their masten
and which powers they were fully competenth
perform up to the time of this inhibition and Pc
nal enactment; second, to refuse the use Of TIE
jaIs of the State for the retention of any peroi
claimed as Fugitive Slave.
1t is deeply to be lamented that the purpose
these enactments is quite apparent. IL wnH
prevent, so far as the Legislature Of the 5ltH
could prevent, the Laws Of Congress passeem
the purpose Of carrying into effect that articles
the Constitution of the United States, which os
clares that no person held to service or labor
one State under the Laws thereof escsPing in~
another, shall in consequence of any Law or reg
ulation therein be discharged from such service
or labor, but shall be delivered up claim Of .n'
party to whom such service or labor may Do que,
from being carried into effect. But these acs
Of State Legislation, although they may Gauss
embarrassments and create expense, cannot SOW
gate either from the duty or the authority OF oog
gress TO carry out freely and fairly the PLAIN aas
imperative constitutional provision for the deiysr
Of persons bound to labor in one State and e.
Gaping into another To the party 70 whom sas
labor may be due, it is quite clear that BY m
resolution Of Congress Of Sd March, 1921, the NJ
shall of the United States in any State In VINO
the use of the jas Of the State has been witt
drawn in whole or In part from the purpose ofus .
detention Of persons committed under the author
ity OF the United States, is not only empowers
LII 81 Ia