Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1851-02-28
BOSTON Won.



kIs.,aent k4.ni % Friday. sent message 70
re sen.is Psi 10 Mr.. Clay. resolution, re-
guessing ~ 3 nmnaicate any information be
Resss 2 rec % he recent case Of foreible re-
- g he la Boston what means ae .
~ e me- sources; and rheiher any ad-
lse'sl Reeessary ID meet the e1igen-
~ an1 note Eies l6sly execute existing laws.
he REssstel spiies thar nothing official has
pesn l<sd. behriraie and unofficial counnuni-
Cations eoncpT q establishing the main facts ofthe
accounts. and hose given in The aida
sMet Ae deputy marshal The President says
NoiaDg could Be more unexpected than that such
gross violation Of law, such high. handed con-
tempt q the authority Of lhe United Slatsss should
&c peIpetrated b. band Of awless coRedeTaies, at
MONDAY in the city Of Boston and IN the very tenn
pae q Justice iregardthis dagious proceeding as
being surprise. moi unattended by some degree Of
negligence nor do dcnbt that ii any such an act
Of violence had been apprehended, thousandsEof the
god citizens Of Boston would have presentedthem
selves, voluntarily and promptly 70 prevent t but
hesdanger does notseem 70 have been timely made
known or duly Appreciated by those who were con-
eerned in the execution Of the process. In : com
munity distinguished for its lofe Of order and re-
spect foTthe laws-among peqble whose sentiment
= liberty without law nor above the law-saeh an
outrage could only BE- the result OF sudden violence
nnhaPpily too much unprepared for to be SUCCESS
fully resisted. Il would Be melancholy, indeed If
were obliged to regard this outbreak against The
constitutional and legal authority OF the goyerrIeAt
as proceeding from he general feeling Of The neoe
IN spot which is pfoyerbially called lhe Cradle
Of American Liberass
Such undoubtedly, is not the fact Il violates,
without question The general sentiment Of the peo-
pie Of Massachusetts as much as il violates The
law, defes the authority Of the government and dis
graees those concerned in il, their aders and abet
tors.
Here the President quotes the resolutions ofCon-
gress passed ia l769 and 1921 directing the d. S.
Marshal and the Judges Of The District, 10 hire a
temporary Jail for the safe keeping of prisoners
committed under the authority OF the o. States in
any State where the jails az said State are closed a.
gainst them Previous 10 March. 1913. the iaiis Of
Massachusetts were used for the safe keeping of
T. S. prisoners bat the Legislature of that State
on the 9th Of March aS43 passed law imposing
q fine Of not more than 81 900 and an imprison
ment of one year. on any officer concerned in con-
fning in any Jail in that State prisoner claimed
as a fugitive slayel OF this law. the President
says:
This law il is obvious had two objects the first
was 10 make ii penal offence in all officers and
magistrates of the Commonwealth 10 exercise the
powers conferred on them by the act Of Congress If
The 18th OF February. I793 entitled An act re-
spectiag fueiiiyes from Justice and persons eseap
ing from The service Of their masters = ana which
powers thew were fufly co,nneenf 10 perform M 10
The TING OF their exhibition and penaI enactment:
second to refuse the use of The tails of the State for
the detention of any person claimed as fngifive
slave
n ~ deenly N no nentaiI III y, r. ,,,,rvo II
these enacrnen,s i quite annarent I, Vas 10 nre-
vent as far as The IeeislaI1re- The S,a,e caula
prevent the laws of CONGRESS nassed tor The mr.
pose OF CARRYING into effect maj artic az he os,i
tuton of the ITnitet Saes ,hich darlarss MAJ
held 10 service or i, hor in one S.,ss nnd.r
he laws thereof esean;ne ma ano,hGr sb.if Il
consequence Of anv law g. rsynia,;on -,hareSn ~
from s,,ch ser,iee or labor INT shsT he
delivered I'M on claim 81 he nat,v 70 whom s,,ch
service or labor ma be due from being carried in
10 effsc, Rnl ,hess ac,s IL S,a,s sg;s,a;nn ~
though they NAV cause embarrassments and crate
expense, cannot derogale either from the dun or
the authority Of Congress to carry out fully and
fairly the plan and imperative constitutional prpyi-
sion for heidelivery Of persons bound 10 labor in
one STATE, land escaping into anoher 10 the party to
whom such labor may be due Il is quite clear
that, by the resolution Of Congress of March g. 1921
the marshal Of the United States Id any State in
which the use of the jas OF the State has been with
drawn in whole or in part from The purpose OF The
detention Of persons committed under the authority
81 me unlea states, rs not only empowered but
required uhaer me directon 81 the Judge
oI-tne district 10 hire Convenient place Tor the
saIekeeping Of prisoners committed under authority
18Th last There is no official Information that the
marshal has provided any such place for the con-
fin ement of his prisoners Ii he has not is to be
regretted that this powerwas NOT exercised BY the
marshal, under the direction ef the district Judge
on the passage OF the act OF the Legis-
la,ure Of Massachusetts of the2lth OF March 1888,
and especially that it not exercised on The pas
sage OF the fugitive slave law OF The last session. or
when the attention Of the marshal was afterwards
drawn 10 il.
Ii is true that the escape from the deputy marshais
in mis- case not owing TO the want OF prison or
pIace OF connement but still il is not easy 10 see
how the prisoner could have been safely andconfe-
niently detained, during an adjournment Of The
beating for some days, without such place OF cen
fnement II il shall appear that no sueh pace mas
been obtained directions to the marshal VIII De CIV
en- 10 lose no time in the discharge OF This duty
TRANSMIT 10 the Senate the copy Of proclama-
,;an ;ssned ~ me ON The iSlhinstant in relation 10
ihese unexnee,ed and deporabEe occurrences in Bos
TON together with comics Of instructions from the
Deasrtments Of Jar and Navy relative to the gen
eraf subject. And / communicate, also copies Of
,aisgr.nbic desnatches transmitted from the De-
- ~ state 10 the District Attorney and Mar
hs ~ ne ITnied States for the District Of Massa
ch,se,ts and their answers thereto
4. $3.50 - ,helast branch of the inouiry made
II ieselu ~ FS,ha Ssns,s have ~ observe
y ~. cans,;tn,;on declarestbat the President
X N, ,sl,s Is ~ the Ia W. befahfuIly executed p
800 -, ~. hail 10 r.orn NJ. MAJ: Chit Of The
an ma IA NJ af III. ITniteJ states and Of The
;I;;; ~ r. severalJS,tates when called into the
ar,nal service 81 The United states and that Con
$3.50 ~ H. 20 nrovide f5reaIlng forth he
S5,;i;a t erecnte The laws Of the Union suppress
Il Il, rrect;on and reDel inyasionsn From which il
anrssrs tbai he 4rmv and Navy are. bvthe Con.
a;s,,ion nlaced under he control orthe Executive
and nrohably NO LEGISLATION Of Congress could ada
- N dim;nisb he pnWer Tins iyen bnt hy ;ncreas
i. j. d;,nin;sbng 81 ahoIisbing ALTOGETHER he
Az, and Navy Rnt mi g Win ihe militia -
Tha Prssdent cannot cali The militia into service
even to execute The laws or repel inyasons but by