Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1851-03-06

10 Hlfe convenient place TO serve as ienl-
porary Jail, aud TO make the necessary pro-
vision for the safe keeping Of persons COM
United under the authority Of the United
States, unul permanent provision be made
10y law for the purpose and the said Mar
shal shall be allowed his reasonable expen-
ses, incurred for the above purposes, to be
paid out Of the L 5. Treasury aud a res
olGlion Of Congress, Of March 3D., 1871,
provides that when any State OF States ,hay-
'ng complied with the recommendations Of
Congress, ~ the resolution of the 2}d day
Of September, 1883. have Withdrawn who'll
| ly or Ia part the use OF their inls Cor pris-
oners committed under the authority of the
U. S., the Marshal ia such State or States,
under The authority of the Judge 81 the
District Court, shall be and hereby IS au-
thorlzed and required to hire convenient
place to serve as temporary jail, and to
make the necessary provisions for the safe
keeping of prisoners committed under the
authority of the United States, until perma-
nent provision shall be made 10y law for that
purpose and the said Marshal shall be al
lowed his reasonable expenses, incurred for
the above purposes, to be paid out of the
United States Treasury.
By the various provisions of the law of
Massachusetts, rs that law stood before the
act Of the Legislature OF that State, of the
ltb March, 1913, common jails in the res
pectiye counties were To be used for the de-
ientlon of any persons detained by the an.
thorty of the Courts of the United States,
as well as by the Courts and magistrates Of
that State
But these provisions we're abrogated ard
repealed by the act of the Legislature oil
the 24h Of March, 1913 The act declar-
ed that no Judge of any Court Of Record
IN this Commonwealth, aud 40 justice Of
the peace shall hereafter take co4ulzaace,
or grant certificate, IN cases that may a.
rise under the third section of an act ol
Congress, passed Feb. II, 1893, aud enti-
tied =" An Act respecting iugIuyes from JUS
tee, and persons escaping from the service
of their masters, TO any person who claims
any other person as fugitive slave, within
the jurisdiction of the Commonwealth.
1t further declares that no Sheriff, deputy
Sheriff, Coroner Constable, J4ilor, or other
officer OF this Commonwealth, shall hereai-
ter arrest, or detaln, or aid in tie detention
or arrest, or Imprisonment, IN any lail or
other building belonging to this Common
meath, or ~ any county CITY, or town
thereof, of any prisoner, tor the reason that
he is claimed IS fugitive slave. Aud II
further declares, that any Justice of the
Peace, Sheriff, Coroner, Constable, or jail
or, who shall offend against The PROVISIONS
OF this law, by Ia any way acting directly
or Indirectly, under the power conferred by
the third section Of the act aforementioned,
al
and dollars, for every such ottEce, -ior tic
use of tie county where SAID offence Is
committed, or shall be subjected 20 nPrls-
eminent one year IN the county jail
This law, il IS obvious, mad tNo objects.
The first was % make It penal offence IA
oil officers and magistrates to exercise the
powers conferred on them by tie ACT of
Congress OF Feb l2lh, 1893, entitled g" an
act respecting iugitives and persons eeca-
ping Iom the service Of tAelr masters,
aud which powers they were fully compc-
tent 10 perform, up 10 the ume of TINS ~
hibiiiun and penal enactment. Second
to refuse the use OF the jail, OF the state
for the detention of any person claimed as
fugitive slave
/ II IS deeply 10 be lamenled, that the pur-
pose Of these enactuenis Is quite apparent,
to prevent. So fur as the Legislature Of The
State could prevent, the laws of Congress
passed to carry INTO effect that article fIhe
/ Constitution OF the United States, winch de-
clares that no person be held to service or
1 labor ia one State, under the laws thereof,
escaping to another, shall IN consequence
Of any law or regulation therein, be dis
charged from such service or labor bat
shall be delivered up on claim Of the party
to whom sach service is due.
These acts of the State Legislature, al
/ though they may cause embarrassment, eau
not derogate either from the duty OF author
. iiy of Congress, to carry out fdlly and fair
" the plain aud imperative Constitutional
provisions Tor the delivery Of persons bound
10 labor Ia one State and escaping into an
other, to the parry 10 whom such labor may
BE- due.
II is quite clear that by the act of Con-
eres. of March 3, 1921, the Marshal of the
United States, IN any State IA which the
use of the lids Of the State has been with
drawn, IA whole or part, for the purpose oi
the detention OF persons committed under
the authority Of the United Stale, Is not on
" empowered, but expressly required, un-
der the direction of the Judge Of the Dis
trict Court, to hire convenient place for
the safe keeping Of the prisoners commit
ted under authority of the United States.
Ii will be seen from the papers accompa-
lnyiug this communication that The attention
of the Marshal of Massachusetts was DIS
inctly called 10 this provision Of the law,
b, letter lron lhe Secretary OF he Navy
of the 2-.h Osl last. There Is no official
information that the Marshal has provided
any such place for the confinement, of his
prisoners. II he mas not, It IS To be regret
ted thai this power was noi exercised by the
Marshal under the duectloh of the District
Judge. immediately Oh the passage OF me
act OF the Legislature of Massac lu5eIts, OF
March 2llh, ls43; and especially that II
was not exercised on the passage oil the
Fugitive Slave Law of The Last session, or
when the attention of the Marshal was az
forwards particularly drawn to 1t. II is true
that the escape from the Deputy Marshats
custody IN this case was not owing To the
want OF a prison or place Of confinement,
but still il Is not easy IL see how ihe PRISON
er could have been safely aad conveniently
detained during an al lourhment of the hear