Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1851-02-22
NATIONAL INTELLIGENERC.

INA lONAL I'M LLkAoE1SA1ASOs
MESSAGE FROM THE PRESIDENT CONSERVING
THE LATE VIOLATION OF Law AT BOSTON.
The PnEsIpENr of. the United States yesterday
sent to the Senate the following Message IN an
swer TO resolution of that body;
Exrcur1yx DrrAsTMEsT, FEBRUAnr 10, 1851.
To the Senate Of the United States
have received the resolution of the Senate OF The 18th In
stan requesting me lay before that body, II not ncom-
pstbe with the public interest any information may possess
in regard to alleged recent case oil iocbie resistance 10
the execution Of the Of the United States in the city Of
Boston and 10 communicate the Senate under the above
conditions what have adopted to meet the occur
renee and whether in my opinion, any additional egisla
ton necessary meet the exigency OF the case, and to
more vigorously execute existing laws.
The public newspapers contain affidavit of Patrick
Riley deputy marshal for the district of Massachusetts, set
ting forth the circumstances Of the case copy Of which a
davi. is herewith communicated Private and unofficial
muncaons in establishing the main facts Of this
count but satisfactory official information has as yet been
received and important respects the accuracy Of the
account has been denied by persons whom it duplicates No
thing could be unexpected than that such viola
ton law such highhanded contempt of the authority OF
the United States should be perperaed by band Of awiess
confederae MONDAY, in the city Of Boston, and In the
very temple of Justice regard this fagious proceeding
being SURPRISE not unattended by some degree OF neg
genes nor do doubt that if any such act of vosncs hsd
been thousands of tbs good citizens Of Boston
would have presented themselves voluntarily and promptly,
to prevent it but the danger does not to have been
timely made known, duly appreciated by those who were
concerned in the execution of the process.
In community distinguished for its love Of order and re-
-L~.~E a.
ty and law and not liberty without law, above the law,
such outrage could only be the result of sudden violence,
unhappy much unprepared for be successfully resisted
II would be melancholy, indeed if we obliged regard
this outbreak against the constitutional and legal authority Of
the Government proceeding from the general feeling of the
people, spot which is poverbiy called ths cradle of
American liberty" Such undoubtedly, is not the fact. II
violates without question: the general sentiment Of the
pie Of Boston, and of vast majority Of the whole people of
Massachusetts, much violates the law, dees the
thoy of the Government and dsgaces those concerned in
it, their aiders and abettors.
It is nevertheless, my duty lay before the Senate in
its resolution, important facts and consdea
tons connected with the subject
resolution of Congress, of September %, 1885, de-
cared
That be recommended the Legislatures Of the several
States pass laws making expressly the duty Of the keep
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 prisoners committed under
the authority Of such States respectively the United States
pay for the and keeping Of such ai the rate Of fifty
per month for each prisoner that SHALL under their
thoIiy be committed thereto, during the time such prisoner
shall be therein conned and also to support such Of said
prisoners as shall be committed for offences"
further resolution Of Congress, of the Sd of March,
1884, provides that whereas Congress did, by resolution
&C. a.. COL J1oa A.
vera States pass laws making expressly the duty Of the
keepers Of their as receive and safe keep therein all pr
committed under the authority of the United States
in orde therefore, insure the administration of Justice
"Resolued By the Senate and House Of Representatives
ofhe United States Of america Congress assembled, That
in any State shall not have complied with the said
commentator, the marshaln such State under the direction
Of heudge of the district be authorized to hire convenient
place temporary jail and make the necessary
provision for the safe keeping Of prisoners committed under
the authority Of the United States until permanent provision
shall be made BY law for that purpose and the said marshal
shall be allowed his reasonable expenses Incurred for the
above purposes be paid of the treasury of the United
States"
And resolution of Congress- Of March 8, 1921 provides
that where any State States having complied with the
Recommendation of Congress in the resolution Of the twenty
third day Of September 1885, shall have Withdrawn shall
hereafter withdraw, either in whole in part, the of their
ss for prisoners committed under the authority of the United
States the marshal in such State States under the dec
ton Judge district shall be and hereby author
lied and required to hire convenient place to
poray jail and to make the necessary provision for the safe
keeping of prisoners committed under the authority of the
United States until permanent provision shall be made by law
for that purpose and the said marshal shall be allowed his
reasonable expenses incurred for the above purposes to be
paid out Of the Treasury of the United States. These
rious provisions of 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 ails in the respective counties to be
used for the detention of any persons detained committed
by the and magistrates of the State But these prov
sons abrogaed and repealed by the act Of the Lega
ture Of Massachusetts, Of the 24lh of March, ls43
That act declares that Judge Of any court OF record OF
this Commonwealth and justice Of the peace, shall here
after take cognzance grant certificates in that may
arise under the third section Of act Of Congress passed Feb
ruay H. l793 and entitled sAn act respecting fugitves
from justice, and persons escaping from the service Of their
masters to any person who claims any other person
fugitive slave within the jurisdiction Of the Commonwealth
And 1t further declares that sheriff. deputy sheriff. coro
ner, constable aor, other officer Of this Commonwealth,
shall hereafter arrest detan aid in the arrest deen
ton, imprisonment in any Jail other building belonging
to this Commonwealth, any county, city, thereof
slave And further declares that sany justice Of the peace
sheriff. deputy sheriff. coroner, constable ailor who shall
offend against the provisions Of this law in any way acting
directly indirectly under the power conferred by the third
section Of the act Of Congress aforementioned, shall forfeit
notexceedng thousand dollars every offence
for the of the county where said offence is committed
shall be subject to imprisonment not exceeding year in
tho county jail.
This laws is obvious, had objects the first was to
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