Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1851-03-22

porarY Jail. aud to make sbe necessary provision
nr the salekeeping 81 prisoners comasiiscsl under
the authority Of the United SAFES until peFma-
men, provision shall be made by law los lhsi pur.
pose and the said marshal shall be allowed bis
reasenab e expenses, incurred hr'he above Par-
poses, 10 be paid out Of the treasury Of The U.
States"
And resolution Of Congress Of March 3nl,
1921. providrs that "where any State or States.
having comolied with the recemmerdaioa q
Compress in the resolution Of the twenly-thiyd
day Of September, l7ss, shall havs wilhtrawu
or shall hereafter withdraw, either ia whsle DC
in part, the use Of their jails for prisoners com
mitted under the authority Of the United States,
the marshal in such States OF States, under the
direction Of the Judge Of The district. shall be,
and hereby is, authorized and required to hire a
convenient place TO serve as Temporary Jail, and
to make the necessary provision iarihe salrkcep
ing Of prisoners committed under the authority Of
the United States until permanent provision shall
be made hy law for that purpose and the said
marshal shalt be allowed his reasonable cxpena
ses incurred for the above purposes, 10 he pVd
out OF the treasury Of the United States" Ihese
various provisions Of the law remain un'epealcd,
By the law OF Massachusetts,. as that law siond
before the act Of the legislature OF that State OF
the fourth Of March. ls43, the common lails in
the respective counties were 10 he used Tor The
detention Of any persons detained or committed
by the authority Of the courts Of the Y. States,
as well AZ BY The courts and magistrates Of the
Stale. Bat these provisions were abfogaied aud
repealed bv the act Of the legislature Of Massa.
ehusells Of the 2ilh Of March, 1913
That ac declares thai mo Judge Of any court
Of record of This Commonwealth, aud no justice
of the pence shall hereafter take cognizanee. Or
grant ec,tlcaie, in any case tlat may arse " der
the third section Of an act Of Congress pan
February IL. 1893, and entitled An act respcct
ing tugtiyes from justice, aud persons escaping
from the service OF their masters to any person
who claims any other person as iugalIye slave
within the jurisdiction OF the Commonwealth
And il further declares that "no sheriff, deputy
sheriff, coroner, constable ailer, or other officer
Of this Commonwealth, shall hereafter arrest or
deiain, or aid in the arrest, or detOn, Ofimpris,
onment in any jail OF other building belonging %
this Commonwealth, or 10 any couny, city, o.
town thereof, Of any person, for the reason that
he is claimed as d ingatiye slave"
And il further declares that "any justice Of
the peace, sheriff. deputy sheriff, coroner, consta-
bile, or lailcr, who shall offend agains, the pro-
visions Of This law, BY IN any why acting directly
or indirectly under the power conferred ny lae
lhd section Of the ACT Of Congress aiorerncnions
ed, shall forfeit a sum not exceeding one thousand
dollars G,r every such offence, for the use olthe
coln where said offence is committed. or shall
be- subject 10 imprisonment not exceeding one
year ii the county Jail"
This law, II is obvious. had two objects: the
first was to make il a penal offence In all officers
and magistrates ithc Commonwealth ioexerclse
lbs powers conferred on them by the net Of Com
gress ofthe 18th February, 1903, entitled IAN
act respecting fugitive from justice, and persons
escaping from the service other masters" and
which powerthey were fully compslentto perform
10 ID the time oftLis inhibition and prnal enact
ment; second, to refuse the use 81 the jtls Of the
State for the detention ofany person claimed ~
a fugitive slave.
II II deeply 10 be amented that the purpose
d these enaciments IL quite apparent. i was
"a prevent. as Ear rs the legislature Of the State
coI,d prevent the laws of Congress, passed fol
the purpose Of carrying into effect that article q
the constitution Il the United States whirh ~
clares ihat mo person held To service q lallo
in one Stakeholder the laws neutrality-suspicious.
another, shall, in consequences u any law or
regulation therein, be discharged from such ser
wee or labor, but shall be delivered up on claim
Of the party to whom such service OF labor may
he due" from being carried into effect Bai
these acts OF State legislation. although lhey
NAV cause embarrassment and create expense,
cannot dcrrogae either from the duty or lbc 40
ihority ii Congress Q carry ont fully and fairly
the plain and imperative constitutional provision
for the delivery ol persons bound 10 labor ~ one
State, aud escaping into another 70 the party "
whom such labor may be due. II Is quite clea'
thai. b, tho resolution Of Congress Of Mach ,,
1921. Inc marshal Of the u. =. in any stale ii
which the use of the lails Of the State las been
withdrawn in whole OF 10 part from The purpose
OF the detention Of persons committed under the
authority Of the U. s., Il not only empowered
but expressly required, under the direction o. The
iudge Of the district, 10 hire cousenlenl place
Cor The safekeepne of prisoners committed under
authority Of the us. twill By seen' from paI
pers accompanying this communication, liat ne
/ attention Of The marshal d Massachusetts was
distinctly called TO this provision q lhe lazy b
! letter from the Secretary Of the Navy, Of The
date q oct. 2s!h last There i no official n.
formation that The marshal has provided any such
| place forahc confinement Of his prisoners. i
he has moi, il Is TO be regretted that this power
was no. exercised blythe marshal, Under the d
Lrection ii HE district Judge, immedia.ely on Che
passage Of tho act Of The legislature q Massa-
cbnsei,s of the 24sh Of March, ls43. and espe,;
cialy that il was no, exercised on The passage II
tbe fnriye slave law Of the last session, q wen
The attention Of the marshal was alterwardgpar.
4 ticIarly drawn tot. a
Itistrue that the escape from the dehlly mar.
sbaIs in this case was not owing @ lhE Manl "a =
prson or place 81 confinement; but ~ y y mo-
easy 10 see now the prisoner cowD have been
sadly ana conveniently detained during 49, ad'
iournmen, Of the hearing for sods days. without
such place IL confinement. M snail appeal
tbat no such place has been fg'a,ned, dIreclloe'
d lie marshalswilI b gv6n g lose no sns Y
ihe discharge d y y u us
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