The national era. [volume] (Washington [D.C.]) 1847-1860, 1851-02-27
TILE MESSAGE.
Executive DEPARTMENT,
february 10, 1851.

EXECUTIVE DEPARTMENT,
february 10, 1851.
To The Se1,ote Of The United States:
| have received the resolution Of the Senate Of
the sth instant, requesting me to lay before that
body, il not incompatible with the public interest
any information may possess in regard to an al.
legged recent case of n forcible resistance TO the
execution Of the laws Of the United States in thu
city of Boston, and TO communicate TO the Senate
under the above conditions, what means hav,
adopted 20 meet the occurrence; and whether
in my opinion, any additional legislation is ncces
sary to meet the exigency Of the case and to NOR,
vigorously execute existing laws.
The public newspapers contain an affidavit o.
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 communi
cations concur in establishing the main facts Of
this account but no satisfactory official informa-
ton has as yet been received, and in some import
ant respects the accuracy of the account has been
denied by persons whom il duplicates Nothing
could be more unexpected than that such gross
violation of law, such n high-handed contempt
Of the authority Of the United States should be
perpetrated by band of lawless confederates, at
MONDAY, in the city Of Boston, and in the very
temple of justice. ! regard this fagtious pro-
ceeding as being surprise, not unattended by
some degree of negligence; nor do doubt that, il
any such act of violence had been spprehended,
| thousands Of tho good citizens of Boston would
| have presented themselves Voluntarily and
promptly, to prevent il but the danger does not
seem TO have been timely made known or duly
appreciated by those who were concerned in the
execution Of the process In q community dis
tngushed for its love of order and respect for the
| L 49,.
and law, and not liberty without law, nor above
the law-such an outrage could only be the result
of sudden violence unhappiy too much unpre-
pared for to be successfully resisted. II would
be melancholy, indeed If we we're obliged to re-
gard this outbreak against the constitutional and
legal authority Of the Government rs proceeding
from the general feeling of the people, in a spot
which is proverbially called "the Cradle of
American Liberty
Soch, undoubtedly, is not the fact. It yiolates,
without question: the general sentiment OF the
people of Boston, and Of vast majority Of the
whole people of Massachusetts,, as much ~ il vio-
lates the law, defes the authority of the Govern
ment, and dsgraces those concerned in II, their
aiders and abettors
1t is, nevertheless, my duty to lay before the
Senate, in answer 10 its resolution, some impor-
tant facts and considerations connected with the
subject.
resolution of Congress Of September 90, 1879,
declared:
"That il he recommended to the Legislatures
Of the several States TO pass laws making 1t ex-
pressy the duty of the keepers Of Their alls TO re-
ceive and safe keep therein all prisoners commit
ted 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 committed under the author
d. aI., tLa TT,;ka al az
TO pay for the use and keeping of such als, at the
rate Of fifty cents per month for each prisoner
that shall, under their authority, be committed
thereto, during the time such prisoner shall he
therein confined and also TO support such OF said
prisoners as shall be committed for offencesD
A further resolution Of Congress- Of the third
of March, 1891 provides that Whereas Con-
gress did by resolution OF the 23d Of September,
1859 recommend TO the several States TO pass
laws making IL expressly the duty OF the keepers
Of their jiils to receive and safe keep therein all
prisoners committed under the authority Of the
United States in order, therefore, to insure the
administration Of Justice
Rssolpsd bu The Senate and House Of Representa-
tires o(the Uaaed States Of Anlerica in Congress as
s,mJlcd. That, in case any State shall not have
complied with the said recommendation, the mar
shall in such State under the direction OF the
Judge of the district be authorized to hire
convenient place to serve as temporary Jail,
and TO make the necessary provision for the safe
keeping Of prisoners committed under the nu-
thority of the United States, until permanent
provision shall be made by law for that purpose;
and the said marshal shall be allowed his reason
able expenses incurred for the above purposes
to be paid out Of the Treasury OF the United
States
And A resolution Of Congress Of March 3, 1921,
proyides that where any State or States, having
complied with the recommendation Of Congress
in the resolution of the twenty-third day Of Sep
TENDER. 1898, shall have withdrawn or shall here
after withdraw, either in whole or in part, the
of their ails for prisoners committed under the au
thority of the United States, the marshal In such
State or States. under the direction Of the judge
of the district, shall be, and hereby IT, authorized
and required 10 hire a convenient place TO serve
AS a temporary jail, and TO make tho necessary
provision for the bookkeeping OF prisoners com-
mtted under the authority OF the United States,
until permanent provision shall be made by law
for that purpose and the said marshal shall he
allowed bis reasonable expenses incurred for the
above purposes, to be paid out Of the treasury Of
the United States" These various provisions Of
the law remain unrepealed.
By the law of Massachusetts,, as that law stood
before the act If the Legislature Of that State Of
the fourth OF March, lS43, the common jdls In
the respective counties were to be used for the
detention Of any persons detaiped or committed
by the authority Of the courts Of the United
States, as well as by the courts and magistrates
Of the State. But these provisions were abro-
gated and repealed by the act Of the Legislature
Of Massachusetts, Of Abe Oath Of March, is4J.
The 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
certificate in cases that may arise under the third
section Of an act Of Congress passed February
~, 1893, and entitled, An act respecting fugi-
tivss from Justice, and persons escaping from the
ser vice Of their masters TO any person who claims
any other person as fugitive slave within the
Jurisdiction Of the Common wealth And II fur
her declares that no sheriff, deputy sheriff, cor
oner constable, jsler, or other officer Of the Com
mouwe alth, shall hereafter arrest or detsn or aid
In the arrest, or detention, or imprisonment In
any jail or other building belonging to this Com
monw ealth or TO any county, city, or town thereof
Of any person, for the reason that he Is claimed
" O fugitive slaven
Aud il further declares that any justice Of the
peace, sheriff. deputy sheriff, coroner, constable,
Dr. jsiler who shall offend against tho provisions
II this law by in any way acting directly or indI-
rectly under the power conferred by the third SEQ
lion Of the act Of Congress aforementioned SHAH
forfeit sum not exceeding one thousand dollars
for every such offence, for the uss OF the county
where said offence IL committed, or shall be sub