The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-22

previous laws concerning the manner OF bringing out the
military force of the United States aid of the civil
thorty. ."a ...
Since writing the above, have received from the
Republic office copy of the Message. which is annexed
Tomorrow shall express views with regard to il,
| THEMEssAGE
| EXECUTIVE DEPARTMENT,
| ... February 10, 1851.
| To the Senate Of The United States:
have received the resolution Of the Senate of the 18th
instant requesting lay before that body ii not in.
compatible with the public interest, any information ]
may possess in regard TO alleged recent case OF aorci
Bile resistance 10 the execution OF the laws OF the United
States in the city of Boston, and 10 communicate 10 the
Senate, under the above conditions, what means have
adopted to meet the occurrence; and whether in my
opinion, any additional legislation is necessary to meet
the exigency oil the case and 10 more vigorously execute
existing laws
The public newsp ipers conain an affidavit OF Patrick
Riley deputy marshal for the district OF Massachusetts,
setting forth the circumstances OF the Casa copy OF
which affidavit is herewith communicated. Private and
unofficial communications concur IN establishing the
main facts of this account but satisfactory official in
formation has We, been received, and in some import
respects the accuracy of the account has been denied
by persons whom it duplicates. 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 perpetraed by band of lawless con-
federaes al MONDAY, in the city OF Boston, and In the
very temple of Justice regard this fagitous proceed.
of negligence nor do doubt that. any such act of
violence had been appehended, thousands OF the good
citizens of Boston would have presented themselves,
voluntarily and promptly TO prevent II; but .ne danger
appreciated by those who concerned IN the execu-
ton OF the process. In community distinguished Tor
its love OF order and respect Tor the aws-among peo-
pile whose sentiment liberty and law and not liberty
without law, nor above the law-snch an outrage could
only be the result of sudden violence, unhappily too
much unprepared for to be successfully resisted. 1t
| ha rhol inde W e.
gard this outbreak against the constitutional and legal
authority of the government as proceeding IRON the
feeling Of hs Lbe
Such, undoubtedly, is not the fact 1t violates with
out question: the general sentiment OF The people OF bos'
ion and OF vast majority OF the whole people OF Mas
thory of The government and dls9races those concerned
| in il. their aiders and abettors,
II is nevertheless my duty to lay before the Senate IN
answer to its resolution some important facs and con
sderations connected with the subject. 49,
A resolution OF Congress, Of September %, 1882 de
clared: .3.. F ~ : '
THAT it BE- recommended to the legislatures of the sew
e srse. pass laws making expressly the duty Of the
keepers of their jatls to receye and safe kee therein al
prisoners committed under the authority Of the United
States until they shall be discharged By The course OF the
laws thereof under the like penalties as in the case Of
prisoners conmied under the authority OF such states
spectvy; Unted States tor the and keep
ing Of such las at me rate o. my cents per- mon'n io
mtted thereto during the uns such prisoner shall be
therein confined, aud also support such Of said prison
ers shall be committed for Offences"
A further resolution OF Congress, OF the third OF
March, 1901, provides that Whereas Congress did, BY
resolution OF the 23d day OF September. l7s9, recon-
mend TO the several States 10 pass laws making II ex
ssy the duty of the keepers OF their als 10 receive
and safe keep therein all prisoners committed under the
authority OF the United States IN order, therefore, to IN
sure the administration OF Justice
Re.oped bv the Sn1ts AMI H,uss of Representatives Of
t Uaited Siahs Of Ansrea 10 Cones, as'smbisd That
neomm.adsoa b. nst.bs IN such Sale, under the d
OF the Judge OF the district be authorized 10 hire
The necessary provision Tor the saekespug OF prisoners
committed under the authority OF tho UNITED Stse', unit
penn provision shall be made by law for thar pur
pose and the said shall be allowed his reasonable
penes ncuTred for the above purposes, TO be paid
of the treasury of the United States"
And resolution OF Congress OF March 3, 1871, pro
vdes that where any State States, having complied
with the Recommendation OF Congress in the resolution
the twenyhird day OF September, 1852 shall have with
drawn shalt hereafter withdraw, either in whole or IL
part the OF their als for prisoners committed unde
the authority OF the United States, the marshal in such
State or States, under the direction Of the Judge OF the
district shall be, aud hereby Is, authorized and required
to hire convenient place TO serve temporary jail
and to make the necessary provision for the saekeepne
of prisoners committed under the authority OF the UniteC
states until permanent provision shalt be made by Law
for that purpose and the said marshal shall be allowed
his reasonable expenses incurred Tor the above purposes
TO be paid out OF the treasury OF the United States
These various provisions oil the law remain unrepeaed
By the law OF Massachusetts, that law stood before
The act OF the legislature of that State OF the fourth Of
March, ls43 the common ias In the respective counties
or committed by the authority Of the Courts OF the United
States, well as by the courts and magistrates oil iht
State But these provisions abrogaed and repealed
by the act OF the legislature of Massachusetts OF the Gath
OF March, ls43.
That act declares that no Judge OF any court Of record
OF this Commonwealth, and no justice OF the peace, shall
hereafter take cognzance or grant certhcae IN cases
tina, may under the third section oil an act OF Con-
eress passed February Ia 1898, and entitled An ac
respecting fugves from justice, and persons escaping
from the service of their masters 10 any person who
claims any other person as fugitive slave within the
jurisdiction OF the Commonwealth" And II further de-
clares that no sheriff, deputy sheriff, corone consa.
ble ailer, other officer OF this Commonwealth, shall
hereafter arrest or de,an aid in the arrest or deten
ten, or imprisonment in any jail or other building be-
longing TO this Commonwealth or to any county, city, OF
town thereof of any person, for the reason that he Is
clameda as fugitive slave
And IL further declares that any Justice OF the peace
sheriff, deputy sheriff coroner, constable, or Jailer,
who shall offend against the provisions OF This law
hy in any way acting directly indirectly under the
power conferred by the third section OF the act Of
Congress afoeme nioned, shall forfeit sum not ex
ceedng thousand dollars for every such offence or
the use OF the county where said offence is committed
or shall be subject inprson nent not exceeding one
year in the couaty jail. ,,s.,
r. This Ia w. II is obvious had two objects the first was
N make it a penal offence all officers and magistrates
of the TO exercise the powers conferred
on them BY the OF Congress OF the 2h Of February
i 1893 entitled "An act respecting iagves from justice
and persons escaping from the service of their masters
and which powers they were fully competent to perform
no to the time of this inhibition and penal enactment
sood to refuse the use OF the as OF the State for the
detention Of any person claimed as fugitive slave
m il deeply to be amented that the purpose of these
ensctments 10 qse apparent " was 70 prevent ~ lar
Congress passed for the purpose OF carrying into effect