Washington telegraph., 1851-03-19
the State for the detention of any person

| claimed as fugitive slave.
1t is deeply to be lamented that the
purpose of these enactments is quite ap-
parent. 1t was to prevent. as far as the
| Legislature of the State could prevent,
the laws of Congress passed for the pur-
pose of carrying into effect that article
of the constitution of the United States,
which declares that ''no person held to
service or labor in one State under the
laws thereof, escaping into another, shall,
in consequences of any law or regulation
therein, be discharged from such service
or labor, but shall be delivered up on
claim of the party to whom such service
or labor may be DUE" from being carried
into effect. But these acts Of State leg
islation, although they may cause embar-
rassment and create expense, cannot dero-
gate either from the duty or the authority
of Congress to carry out fully and fairly
the plain and imperative constitutional
provision for the delivery of persons bound
to labor in one State and escaping into
another, to the party to whom such labor
may be due.
| 1t is quite clear that, by the resolution
of Congress of Sd of March, 1921, the
marshal of the United States, in any State
in which the use of the jails of the State
has been withdrawn in whole or in part
| from the purpose of the detention of per-
sons committed under the authority of
the United States, is not only empower
ed. but expressly required, under the
direction of the Judge of the district, to
hire convenient place for the safe-keep-
ing of prisoners committed under authori-
ty of the United States. 1t will be seen,
from papers accompanying this commu-
nication, that the attention of the marshal
| of Massachusetts was distinctly called
20 this provision of the law by letter
from the Secretary of the Navy of the
date of October 2Sth last. There is no
official information that the marshal has
provided any such place for the con6ne-
ment of his prisoners. If he has not, it
is to be regretted that this power was not
exercised by the marshal, under the direc-
ton of the district Judge, Immediately on
the passage of the act of the Legislature
| OF Massachusetts, on the oath March, 1S43;
and especially that it was not exercised
on the passage Of the fugitive slave law
of the last session. or when the attention
|
ly drawn to it.
1t is true that the escape from the
deputy marshals in this case was not
owing to the want of prison, or place
of confinement, but still it is not easy to
see how the prisoner could have been
safely and conveniently detained, during
an adjournment of the hearing. for some
! days, without such place of confinement.
If it shall appear that no such place has
| been obtained, directions TO the marshal
will be given to lose no time in the dis
charge of this duty.
| | transmit to the State the copy of
proclamation issued by me on the 0tn
inst, in relation to these unexpected and
deplorabe occurrences in Boston, together
with copies of instructions from the De-
partments of War and Navy relative to
the general subject. And communicate
also copies of telegraphic dispatches
transpitted from the Department OF State
to the District Attorney and Marshal of
the United States for the District Of Mas
sachusetts, and their answers thereto
In regard to the last branch of the in
quiry made by the resolution of the Senate,
L have to observe that the constitution
declares that "the President shall take
care that the laws be faithfully executed"
and that "he shall be commander-in-c chief
of the army and navy of the United
States and of the militia of the several
States, wnen called into the actual service
of the United States" and that Congress
shall have power to provide tor calling
forth the militia to execute the laws Of
the Union, suppress insurrection, and re-
pei INVASION From which il appears
that the army and navy are, By the con-
stitution, placed under the control of the
! Executive, and probably no legislation
of Congress could add to or diminish the,
power thus given, but by increasing or
diminishing or abolishing altogether the
army and navy But not SO with the
militia. The President cannot call the
militia into service, even to execute the
laws or repel invasion, but by the au-
thorty of acts of Congress passed for
that purpose. But when the militia are
called into service, in the manner pre-
scribed by law, then the constitution itself
gives the command to the President
Acting on this principle, Congress, by the
act of February %, 1895, authorized the
President to cal forth the militia TO repel
invasion, and suppress combinations
against the laws of the United States,
and cause the laws to be faithfully eX-
ecuted."
But the act proceeds to declare, when
eyer it may be necessary, in the judgment
Of the President, to use the military force
thereby directed to be called forth, the
President shall forthwith, by proclama-
ton, command such insurgents to dis
perse, and retire peacablY to their re-
! craoctiua ahodes Within q limited time -