Southern sentinel. [volume] (Plaquemine, Parish of Iberville [La.]) 1848-1858, 1851-03-08
The Presidents Special Message.

The Presidents Special Message.
In reply to Mr.. Clay's resolution he, com
mences by stating that the President is il
possession of only such evidence as is already
before the public. He exonerates the city o
Boston from blame.
"~Iaregard this ~fiagitious proceeding as being :
surprise, not unattended by someSdegree of negli-
gence-nor do | doubt that if any such act of vlo-
lence had been apprehended, thousands ofthe good
citizens of Boston would have presented them
selves voluntarily and promptly to prevent il, but
the danger does not SCENT to have been timely fore
seen or duly appreciated by those who were con-
cerned in the execution of the process, in a COM
munity distinguished for its love of order and res
pect for the laWs-among a people whose sentl-
ment is liberty and law, and not liberty without
law, nor above the law. Such an outrage could
only be the result of sudden violence, unhappily
too much unprepared to be successfully resisted.
1t would be melancholy, indeed, if we were to re-
gard this outbreak against the constitutional and
legal authority of the goyesnment as proceeding
from a general feeling of the people on a spot
which is proverbially called the cradle Of Amerl-.
can liberty. Such, undoubtedly, is not the fact.
1t violates, without question, the general senti-
ment of the people of Boston, and of a vast ma
jority of the whole people of Massachusetts, as
much as it violates the laws, detles the authorities,
and disgrace s those concerned in il, theie aiders and
nbettors.o .z a1@
He traces the legislation, in regard to the
use of the State jaiis, for the custody of priso-
ners, under the Federal laws. AS early as
1889, Congress recommended to the Legisla-
lures, to enact laws for this purpose. In
1898, a law was passed, requiring the Mar
shals to provide suitable places of confnement,
where the Legislatures had not granted the use
of the jails. Massachusetts passed the law,
as recommended. But, in 1843, that law was
altered, and the use of the jails is expressly
prohibited for the confinement of fugitive !
slaves. 1t was then the duty of the Marshal
to have provided suitable prison. This has
never been done. Here has been culpable ne
glect for eight years. The Marshals Of Tyler,
Polk, and Taylor, have oil neglected their du-
ties. The attention of the present Marshal
was called to this matter last October, by the
State Department. He has, however, up to !
this time, declined to obey Instructions. He,
then proceeds to examine the powers Of the
President: -
81 transmit to the Senate a copy of a proclama-
ton issued by me on the 18th instant, in relation to
those unexpected and deplorable ""~arrences in
Boston, together with copies of ions from
the Departmental War and Navy, II i've to the
general subject; also copies Of telegraph.c dispatch
IS Transmitted from the Department of State to
the District Attorney and Marshal of the United
States for the District of Massachusetts, and their
thereto.
Gin regard to the law branch of the inquiry made
by the resolution of the Senate, l have to observe
the constitution declares that the President
shall take care that the laws be faithfully exc
,uted, and that he shall be commander-in-chief of
he army and navy of the United States, and of the
of the States, when called into the actual
of the United States. and that Congress
hall shaye the power to provide for calling fort 81
he m ilitia, to execute the laws of the Union, SUI Il
'ress Instruction, and repel inyasions; from which
7 appears that the army and navy are, by the
Constitution, placed under the control of the Ex- l
.rutiye,, and probably no legislation of Congress
ould aid TO or diminish the poWerthus given, but I
increasing, diminishing or abolishing altogether t
he army or navy. But not SO with the militia. t
he President cannot call out the militia into SER S
ice, even to execute the laws or repel invasion, 4
ut by the authority of acts of Congress passed 4
IT thatpurpose. But when the militia are called :
III hlC luitilC sPiCSSlIDcus ny 4dn, n tItEdE.
itself gives the command to the Pre- y
Z
He recommends an alteration of the statute :
,hich requires a proclamation to precede the D
,quisition Of the militia--as, by the present R
W, notice is given to the violation of the law, u
I'd thus the object sought is defeated. = :
aI5would, therefore, suggest that this section be i,
nd1flpfl #tB dant artpu fha mt Ipn ~ orarr "A M
shall be construed to require any previous pro- :
when the militia are called forth, eth
to repeIInyaslon, TO execute laws. or suppress
against them, and that the President
makessuch call, and placesuch militia under
e control of ary7civil officer of the United States, d
aud him in executing the laws or suppressing :
Oh combinations, and while so employed, they y
al be paddy and subsisted5at the expense of the at
lited States.
FMS point may deserve the consideration of GO
ngress. use the occasion TO repeat the assu- ce
nee that, so far asdepends on me, the laws shall
faithfully executed, and all forcible opposition -
them suppressed; and to this end | am prepared 4
exercise, whenever it may become necessary ue
J, power constitutlonally vested in me, to the M
extent. | am fully persuaded that the ~
latest majority OF the people of this country are go
Imly and strongly attached to the Constitution, IN
preservation of the Union, the Just support of8iiss
Government, and the maintenance of the au4 nj
'rltyfofal law. am persuaded that their earnest il
shes and the line of my constitutional duty en- "A
sly concur. and | doubt not that fguness, mod a.
ton and prudence, strengthened md animated iio
the general opinion of the people, will prevent ira
repetition Of occurrences distributing the pub an
peace, and reprobated byAlER0od men.
MILiAlW FILLMORE. din
We omit the a~rgunesitasslIve criticism Of the era
tute, as of notageneral interest. But we aw
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