Herald of the times. [volume] (Newport, R.I.) 1849-1856, 1851-02-27

II oT Town tnereoi, oi any person lOr ne
reason that he ~ claimed as a Fugitive
Slave, and ii further declares that any
Justice Of the Peace, Sheriff, Deputy
Sheriff, Coroner, Constable, or Jailor
who shall offend against the provisions
OF this Law, by in any way acting d.
rectly or indirectly under the power con-
terred by ihe third section Of the act si
Congress aiore mentioned. shall Forfeit
II sdm not exceeding one thousand dol
lars Tor every such offence Tor the Use
OF the County where said offence is COM
nit ed, or shall be subject TO imprison-
u.ent not exceeding one year in the
County Jail.
This Law, 4 is obvious had two Oh
Jects, the first was. 10 make II "A penal o.
iense in all offices and magistrates o
the Commonwealth 10 exercise the pow
ers conferred on them by the act OF
Congress OF the l2th OF Februaty 1893,
entllled an act respecting fugllives from
Jusuce, and persons escaping from the
service oi their masters ard which pow
ers they were fully competent 10 per-
iorm up 10 the line ofthis innIbition and
penal enactment second, 10 refuse the
use Of The Jails OF the State for the re-
tention Of any persoI claimed as u Fu-
gitiye Slave.
Iii 10 deeply 10 be lamented that the
purpose oi these enactments is quite APP
parent. IL was 10 prevent, SO Tar as tho
Legislature Of the State could prevent,
the Laws OF Congress passed Tor the
purpose OF carrying INTO effect that ar
Ilcie vi the Constitution OF the United
States which declares that no person
held In service OF labor in one State un-
der the Laws thereof escaping into
another, shall in consequence OF any
Law or regulation therein be dlscharg-
ed .rom such service or labor, but shall
be delivered up OH claim Of the party
whom such service Or labor may be
due, iron being carried into effect
But these acts vi Staie Legislation, al
though Ihey may cause einbarrassments
aud create expense, cannot derogale
either from the duty or The authority OF
Congress ~ carry out freely aud fairly
the plain aud imperative constitutional
provision II the delivery OF persons
bound IN labor III one Stale and escap-
ing into another. To the party TO whom
such labor may be due, IL Is quite clear
tnat by the resolution OF Congress oi
81 March, lS2l, the Marshal OF The Uul-
ted States in a. y Slate IN which the use
oi the lais OF The State has been with
drawn IN whole or IN par, from the pur-
pose OF the detention Of persons commit
ted under the authority oi the United
States, Is not only eupos osered bat ex-
pressly required, under tho direction Of
LII - a. h,,,,,o, Lin,
venient place Tar the safe keeping OF
pr.oners committed under aulnorIiy oil
The United States Ii will be seen from
papers accompanying this coumulica-
lien, that the atlenliun Of tie Marshal Of |
Massachusetts as distinctly called 10
this provision ol The law by ii letter from |.
the Secretary OF the Navy ol the date OF |
October 2Sth last. There Is no official .
information tuat The Marshal h pro- I
ded aHy such place Tor the comfut- 1
Gent OF his prisoners. II lie has not, il |
Is to be regretIed thai this power was |
no. exercl cd by the Marshal under lie I
direction II the District Judge immedl-
ately on the passage oi the act oi the |
Legislature OF MaSsuchuscts of the
2lth OF March, lo43, and especially |
that il was not exercised on the pas
sage of the Fugitive Slave Law oI the |
last st ssiou, or when the attention of the II
Marshal MAS afterwards particularly II
drawn to that. Ii is true thai the es- h
cape from The Deputy MarshaIs in this II
case WAS not oamg 10 the want Of II
prison or place oi confinement, but still |.
II ~ easy To See how lhe prisoner could Il
have been safely and conveniently dc. Il
tanned during an Adjournment OF tie h
he ring Tor some days without such 4
place Of confinement. Ii it shall appear \
that 10 such place has been obtained. |!
directions to the Marshal viii be given |.
10 lose no lime ia the discharge Of tins
duty.
transmit 10 the Senate the COPY Of Il
proclamation issued by me on the 18th 4
INST, III relation 10 thOs unexpected and H
dep.orable occurrepccs IN Boston togeth- \
or with copies OF Instructions from the \
Department. Of War aud Navy, relative II
80 the general subject, and also copies II
OF telegraphc dispatches transmitted H
from the Department Of State 10 the 4
District Attorney and Marshal OF the |,
United States for the District OF Mas
In regard TO the law branch Of the m VI
qu.ry made by the resolution Of the Il
Senate, | have 10 observe. that the Con- Il
slltutlon declares that the Presi lent II
shall take care that the laws be faithful II
ly executed. and that he shall be Com
mauder lli-Chlet ui the Army and NAVY II
OF the United States, and Of the States, |
when called into the actual service of II
HE United States. and that Congress
shall have power 10 provide Tor calling /
upon the militia TO execute the laws OF II
Tie Union, suppress insurrecti. ns and \
repel invaslon., from which it appears
that he Army and Navy are, by the
Constitution PLACED under lie control OF II
the executive and. probably, no lrgis
lal'on oi Congress could ddu 10 or dlinIIi-
lsh lne power tnus g,vGn, bot 10y lncreas-
my Ur uiIIihls.iug. ur dbOilsnIng alto
gether the A'my aud Navy. but not
50 with The mIilaa. Iie President Gait
not Cah out the militia INTO service, even II
10 eXe-ute the laws or r,pel INVASION, II
but by The authority oi acis ol Congress,
passed lor that purpose. But when the
militia are called lutO service Ia tie
manner prescribed by law, the Coasll-
tuIon itself gives tie command 10 tie
President. Acung OH tiis principle, II
Congress, by The act vi Feb. 2slh, l795 Il
the President TO call forth II
The militia 10 repel INVASION aud SUP
press IIIsurrectOns against ii stale Gov- n
ernmeul, and 10 suppress combination II
against TIE laws Of tHe United States, N
and cause the laws 10 he faithfully exc