Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-02-25
-u,pTy-r1Rsr coxeREss--aD SESSION
FRIDAY, FEDRuAnl 81, 1851.
SEN tuE

upon certain resolutions OF inquiry ~ m
body by Mr. Richardson OF Illinois I'm
morton 10 reconsider the by which the OIL Tor the
af az The Tennessee and Georgia Railroad company was
laid on the table, was discussed and 'nen postponed
RESISTANCE TO THE LAW IN BOSTON.
WA. received from the President of the United
IN 10 Mr. resolution calling for certain
in regard to Inc se sas read % os ~
EXECUTIVE DEPARTMENT, FEB ~, 1851.
To the Senate Of the United States: 49,,
have received the resolution Of the Senate OF the ION
instant requesting lay before that body not lnco
p,,be with the public interest," any information may pos
sess regard to alleged recent case OF forcoe
ance 10 the execution Of the laws of the United States IN
she city of Boston, and TO communicate to the SENATE u
der the above conditions what means have adopted "
meet the Occurrences and whether in my opinion any
Iiona legislation is necessary 10 NEE. inc u INC
case and 10 more vigorously execute exsnng Jaws y:
The public newspapers contain an am1asI VI ~
tho forth the circumstances of the case copy OF which
a iayit is herewith communicated rr'ate ana unolcia
communications in establishing the main facts OF
,hia but no satisfactory official information has
vet been received and in some important respects the accu
racy of the has been denied by persons whom
imocates Nothing could be more unexpected than that
such GROSS violation Of law such high handed contempt
Of The authority of the United States should be perpetrated
by band Of awless confederates at MONDAY In the city
Boston and very temple Of justice regard this ma
eitious proceeding being SURPRISE not unattended y
degree of negligence; nor do doubt that any sue1
&C. of violence had apprehendd OF the ooo
citizens Boston would have presented themselves Voun
ary and promptly, to prevent II; but the Danger uoes no
to have been timely made known or duly
by those who concerned in the execution tne pro-
cess In community distinguished for ITS love OF ofoel
for the n asS wnhaa
law such could only be the result OF sudden vo
resisted Il would be melancholy indeed if oblg
ed regard outbreak against the constitutional and le
cal authority of the Government proceeding from the
general feeling of the people, in spot which proyerbay
called the cradle of American liberty.
Such, undoubtedly is not the fact, II violates without,
question: the general sentiment of the people of Boston, and
Of majority Of the whole people of Massachusetts, as
much violates the law, dees the authority OF the Go
vernmen and dsgaces those concerned In IT. their ader
Ii s nevertheless my duty lay before the Senate in
swer resolution important facts and consdera
lions connected with the subject -
resolution of Congress- OF September KS 1857 decia-
That it be- recommended the Legislatures of the
raj States pass laws making expressly the duty of the
keepers of their jas receive and safe keep therein all
prisoners committed under the authority of the United
States until they shall be discharged by the OF the
laws thereof under the like penalties in the of prison.
committed under the authority Of such States respective
M the United States pay for the use and Keeping OF such
as the Of fifty per month for each prisoner
that SHALL under their authority be committed thereto during
the such prisoner shall be therein con6ned and also TO
support such Of said prisoners shall be committed for Of
fences"
further resolution Of Congress- of the Sd of March, 1891
provides that whereas Congress did by resolution Of the
pa day September l6 recommend the several States
10 pass laws making expressly the duty of the keepers
their as receive and safe keep therein all prisoners
itted authority Of the United States; order
therefore, 10 insure the administration OF justice
R.solved by the Senate and House of Representatives
the United States of America in Congress assembled That
in any State shall have complied with the said
commentator the marshal In such State under The direc.
fon OF the Judge Of the district be authorized hire
venen place TO serve as temporary Jail and to make the
necessary provision for the safekeeping of prisoners
med under the authority of the United States until per.
provision shall be made BY law for that purpose;
and the said marshal shall be allowed his reasonable
incurred for the above purposes be paid out of the
ry Of the United States"
resolution Of Congress- of March g. 1921 provide.
that "where any State States having complied with The
recommendation Of Congress in the resolution of the
ty;hird day of September, 1882 shall have Withdrawn
shall hereafter withdraw either in whole or in part the use
of their ais for prisoners committed under the authority
The United Saies the marshal such States I'M
der direction Of the Judge of the district shall be-
hereby Is authorized ard required 10 hire convenient place
10 temporary Jail and to make the necessary provi-
sion for the safckeepng Of prisoners committed under the
authority OF the United States until permanent provision
shall be made by law for that purposes and the sad marshal
shall be allowed his reasonable expenses incurred for the
above purposes to be paid of the treasury of the United
Staes These various provisions the law remain
peaed.
BY the law of Massachusetts, ha, law stood before the
Of the Legislature of that State Of the fourth March
l643 the common as in the respective counties be
used for The detention OF any detained committed
BY the authority Of the of the United States well
by the courts and magistrates of the Stale. But these
provisions abrogaed and repealed by the of the
Legislature OF Massachusetts, Of the 24h of March, lS43
That act declares that mo judge of any Of record oil
this commonwealth and justice of the peace shall here
after take cognzance grant certificate In that
arise under the third section of OF Congress passed
February IT, l793 and entitled An respecting fgives
masters TO any who claims other person fu
gitive slave within the jurisdiction Of the Commonwealth
And further declares that sheriff. deputy sheriff.
ner constable ailor other officer of this Commonwealth
shall hereafter detan aid in the arrest deten
ton or imprisonment in any Jail or other building belonging
10 this Commonwealth any county, city, town there
Of of person for the that he is claimed fug
tive slave.
And further declares that any justice of the peace
it, deputy sheriff. coroner constable Jaor who shall Of
fcnd aganst the provisions of this law any way
ing directly indirectly under the power conferred by the
third section of the act of Congress shall
forfeit exceeding thousand dollars for every
offence for the of the county where said offence
committed shall be subject imprisonment exceed.
ing year in the county jail
This law IL is obvious had Objects the first
make penal offence in all officers and magistrates of the
exercise the powers conferred them by
the Of Congress Of the 18th Of February 1893 entitled
An respecting ugyes from justice, and persons
ping from the service of their masters and which powers
they fully competent 10 perform 10 the time OF this
Inhibition and penal enactment second to refuse the OF
jail of the State for the detention of any person claimed
az fugitive slave.
Its deeply be amened the purpose of these
quite apparent 1t prevent far the Le
gsaure of the State could prevent the laws Of Congress
passed for the purpose of carrying into effect that article
of the Constitution of the United States which de-
clares that mo person held service labor in
State under the laws thereof escaping into another SHALL in
consequence of law regulation therein be discharged
from such service labor but shall be delivered up claim
Of the party to whom such service or labor may be due
from being carried into effect But these OF State egis
aon although they may cause and create
expense deogate either from the duty the autho
ry Of Congress TO carry out fully and fairly the plain and
imperative constitutional provision for the delivery of per-
sons bound to labor in State and escaping into another
the party to whom such labor may be due. quite
clear that by the resolution of Congress- of third March
1921 the marshal Of the United States State In which
the uso as Of the State been withdrawn whole
part from the of the detention OF
United under the authority of the United States is only
empowered but expressly required under the direction
the Judge of the District to hire convenient place for the
safe keeping of prisoners committed under authority Of the
United States 1t will be seen from papers accompanying
this communication, that the attention OF the marshal
Massachusetts was distinctly called to this provision Of
law by from the Secretary Of the Navy OF the date
October 25h last There is official information that the
marshal provided such place for the confinement o.
his prisoners II he has not il Is TO be regretted that this
power exercised by the marshal ihe direction
OF the District judge Immediately the passage of the
of the Legislature of Massachusetts, of the oath March
lS43 and especially that il exercised the
of the Fugitive Slave law of the last session. when the
of marshal afterwards particularly drawn to
t.
It'll true that escape from the deputy marshas in h,
owing the OF prison. place OF con
hnement but still see how the prisoner could
have been safely and conveniently detained during ad
ournment of tho hearing for days without such place
Of confinement II 1t shall appear that such place ha
-