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


confinement Of his prisoners he has noi il is 10 be re-
GREETED that this power not exercised by the marshall un
der the direction of the district Judge, Immediately the pas
sage Of the act of the Legislature of Massachusetts, Of the
Gath March, lS4s and especially that i was not exercised
the passage of the fugitive slave law Of the last session, or
when the attention of the marshal afterwards particularly
drawn to it.
It true that the escape from the deputy marhas in this
not owing to the want OF prison. or place OF con-
fnemen but still not TO how the prisoner could
have been safely and conveniently Detained during an adj
ournment of the hearing, for days. without such place
Of confinement If it shall appear that no such place has
been obtained, directions the marshal will be given 70 lose
time in the discharge OF this duty.
transmit the Senate the copy of proclamation Issued
by the 18th instant in relation to these unexpected
and depoabe in Boston, together with copies
instructions from the Departments Of War and Navy relative
tho general subject And communicate also copies
telegraphc dispatches transmitted from the Department OF
the district attorney and marshal OF the United states
for the district Of Massachusetts, and their answers thereto
In regard the last branch Of the inquiry made by the re-
solution of the Senate, have to observe that the Consuuoh
declares that the President shall take that the laws DC
faithfully executed and that he shall be commander IN
chief Of the army and navy of the United States and OF the
militia of the several States, when called into Inc aciuai SET
vice of the United States and that Congress shall nave
power provide for calling forth the militia to execute the
laws Of the Union suppress Instruction. and repel nyasons
From which it appears that the army and navy are Dy me
constitution, placed under the control Of the Executive ano
probably legislation Of Congress could add to or diminish the
power thus gven butby increasing diminishing or
altogether the army and navy. But not SO with the mla.
The President call the militia into service even TO exc
the laws epe nvasons but by the authority OF acs
Of Congress passed for that purpose But when the mna
called into services, in the mannsr prescribed BY aw
then the constitution itself gives the command to the
President Acting this principle Congress- by the
act Of February 20, l79S, authorized the President to
call forth the militia to repel invasion and suppress
instructions against State Government and to suppress
combinations against the laws of the United States and
the laws to be faithfully executed" But the act pro-
ceeds declare that whenever il may be necessary, In the
judgment of the President the military force thereby
directed to be called forth, the President shall forthwith by
proclamation command such insurgents derse and retire
peaceably their respective abodes within limited time
These words are broad enough TO require proclamation IN all
where militia called out under that act whether to
repe invasion suppress nsuecioD, to aid in executing
the laws. This section has consequently, created some
doubt whether milita could be called forth to aid in
executing the laws without previous proclamation But
yet the proclamation to be in words directed only
against insurgents and to require them to dispense, there
by implying not only instruction, but organized,
at least embodied force. Such proclamation in aid
Of the civil authority would often defeat the whole object BY
giving such notice intended to be arrested that they
would be enabled fly themselves. The force
may be wanted sometimes to make the arrest and also
times protect the officer after is made, and to prevent
would therefore suggest that this section be mod
fed by declaring that nothing therein contained shall be con-
stued to require any previous proclamation when the militia
called forth either repel invasion, to execute the laws
suppress combinations against them and that the Pres
dent may make such CALL and place such militia under the
control Of any civil officer of the United States to aid him in
executing the laws suppess:ng such combinations and
while Employed they shall he paid by and subssed at the
expense of the United States.
Congress, not probably adveng to the difference between
the militia and the regular army, by the act Of March g.
1907, authorized the President the land and naval
forces of the United States for the purposes for which he
might call forth the militia, and subject to the procama
ton But the power Of the President, under the Constitu
on commander Of the army and navy, is general and
his duty to the laws faithfully executed general and
sve and the act Of 1907 ought not be construed evn
cling any disposition in Congress to limit restrain this
constitutional authority. For greater certainty, however,
it may be well that Congress should modify explain
this act regard to its provisions for the employment of the
army and navy of the United Saes well that in regard
calling forth the militia. II is supposed not to be doubtful
that all citizens, whether enrolled in the militia not, may
be summoned members of the posse comatus either by
the marshal commissioner, according to law and that it
is their duty to obey such summons But perhaps may be
doubted whether the marshal commissioner summon
the posse comatus organized militia orce acting
der its appropriate officers, without the consent of such
officers This point may deserve the consideration Of Con-
gress.
use this occasion to repeat the assurance, that far
depends upon me- the laws shall be faithfully executed and
all orcibe opposition to them suppressed and to this end
prepared to exercise whenever may become necessary,
the power consituonay vested in to the fullest extent
fully persuaded that the great majority Of the people of
this country are warmly and strongly attached the Cons
uton the preservation of the Union the just support of the
Government and the maintenance of the authority of law
am persuaded that their wishes and the line of
constitutional duty entirely and doubt not mness
moderation and prudence strengthened and animated by the
general opinion of the people, will prevent the repetition of
disturbing the public and reprobated by all
good men. WILLARD FILLMORE.