The Port Gibson herald, and correspondent. (Port Gibson, Claiborne Co., Miss.) 1848-18??, 1851-03-14

tied San act respecting fugiiives from justice,
and persons escaping from the service Of their
masters" and which powers they were fully
competent to perform up to the time of this in
hibition and penal enactment; second, to refuse
the use Of the ais of the State for the detention
of any person claimed as a fugitive slave.
It is deeply TO be lamented that the purpose Of
these enactments is quite apparent. 1t was TO
prevent, as far as the Legislature Of the State
could prevent, the laws OF Congress passed for
the purpose of carrying into effect that article Of
the Constitution of the u lited States which de-
clares TO ''no person held TO service or labor in
one State, under the laws thereof, escaping
into another, shall, in consequence 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 legislation, although they
may cause embarrassment and create expense,
cannot derogate either from the duty or the au.
thority of Congress to carry out fully and iairly
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 Con-
gress of third of March, 1921, the marshal of
the United States, in any Stale in which the use
OF the jails of the State has been Withdrawn in
whole or in part for the purpose of the detention
OF persons committed under the authority of the
United States, is not only empowered, but ex-
pressly required, under the direction of the Judge
of the district, to hire convenient place for the
sa.e-keeping OF prisoners committed under the
authority of the United States 1t will be seen,
from papers accompanying this communication,
that the attention oe the marshal Of Massachu-
sets was distinctly called to this provision of the
law by letter from the Secretary of State Of
the date of October 28th last. There is no off,
cial information that the marshal has provided
any such place for the confinement OF his pris-
oners. If he has not, it is to be regretted that
this power was not exercised by the marshal,
under the direction Of the district Judge, imme-
diatelv on the passage of the act Of the Legis-
lature OF Massachusetts, of the Oath March
l843; and especially that it was not exercised
on the passage Of the fugitive slave law Of the
last session, or when the attention OF the mar
shal was afterwards particularly drawn to it.
1t is true thatthe escape from the deputy mar
shals 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 adj
journment of the hearing, for some days, without
such place of confinement. II it shall appear
that no such place has been obtained, directions
| to the marshal will be given to lose no time in
the discharge oi this duty.
transmit to the Senate the copy of procla-
nation issued by me on the 18th instant, in re-
lation to these unexpected and deploraole occur
rences in Boston, together with copies ofinstruc-
tions from the Departments of War and Navy
| relative to the general subject And commui-
cate also copies Of telegraphic dispatches trans
mitted from the Department of State to the dis
trlct attorney and marshal of the United States
for the district Of MASSACHUSETTS,. and their an.
swers thereto.
| In regard to the last branch OF the inquiry
made by the resolution of the Senate, have tc
observe that the Constitution declares that ''the
President shall take care that the laws be faith
| fully executed" and that "he shall be comman-
derin-chies of the army and navy of the United
States, and Of the militia of The several States
| when called into the actual service Of the Uni.
ted States; and that Congress shall have power
to provide for calling forth the militia to execute
| the laws of the Union, suppress insurrection
and repel inyasions." From which it appears
| that the army and navy are, by the constitution
| placed under the control of the Executive, and
probably no legislation of Congress could add
| to or diminish The power thus given, but by in
creasing or diminishing or abolishing altogether
the army and navy. Butnot so wilhthe militia.
The President cannot call the militia into SER
vice, even to execute the laws or repel invasions
but BY the authority of acts of Congress passed
for that purpose. But when the militia are called
into service, in the manner prescribed by law,
then the constitution itself gives the command
TO the President. Afting on this principle,
Congress, by The act of February %, 1795, au.
thorized the President to call forth the militia to
repel invasion and suppress Instructions
against a State Government, and to suppress
combinations against the laws of the United
States, and cause the laws to be faithfully exc
suted." But the act proceeds to declare that,
whenever it may be necessary, in the judgment
of the President, 10 use the military force there.
by directed to be called forth, the President shall
forthwith, by proclamation, command such in
surgents to dsperse, and retire 2eaceaby to- their
respective abodes, within limited time. These
words are broad enough to require a proclama.
tion in all cases where militia are called out un-
der that act, whetherto repe invasion or suppress
an insurrection. or to aid in executing the laws.
This section has, consequently. created some
doubt whether the militia could be called forth 10
aid in executing the laws without previous
proclamation But yet the proclamation seems
TO be in words directed only against insurgents.
and to requirathem to dispeFse. thereby implying
not only an nsurrection, but an organized, or at
least an embodied force Such a proclamation
in aid Of the civil authority would often defeat
the whole object by giving snch notice TO per-
sons intended to be arrested that they would be
enabled to fly or secrete themselves. The force
may be wanted sometimes to make the arrest,
and also sometimes TO protect the officer after it
is made, and to prevents rescue. ! would there
fore suggest that this section be modified by de-
claring that nothing therein contained shall be
construed to require any previous proclamation,
when the militia are called forth either to repel
invasion, to execute the laws, or suppress com
binations against them; and that the President
may make such call. and place such militia un-
der the control of any civil officer OF the United
States TO aid him in executing fhe laws or sup.
pressing such combinations; and while SO EN-
ploycd, they shall be paid by and subsisted al the
expense of the United States.
Congress, not probably sdgerting to the differ.
ence between the militia and the regular army
BY the act Of March 8, 1907; authorized the
President TO use the land and naval forces Of the
| United States for the same purposes for which
he might call forth the militia, and subject to the
same proclamation. But the power of The Pres
| dent, ander the Constitution, as commander o