Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1851-02-25
MESSAGE FROM TIE PR gslnENT.
REsIsrA nee 70 TIE LAW l,

certain information in regard to the recent case OF
sistance to the law in Boston. The message read
as follows:
EXECUTIVE DrPARTMEEr,
Feb. l9, 1851.
To the Senate of the U. States:
have received the resolution OF the Senate oil the
18th instant requesting to lay before that body if
compatible with the public interests any information
may possess IN regard to alleged ola orci
BILE resistance to the execution of the laws of the United
States III the city OF Boston, and TO communicate the
Senate. under the above condon, what means | have
adopted to meet the occurrence and whether n nv opjn-
ion, any additional legislation is necessary TO meet the
exigency of the case and to more vigorously eyecu.
existing laws.
The public newspapers contain affidavit Of Patrick
Riley, deputy marshal for the district of Massachu-
sets, setting forth the circumstances OF case a copy
OF which affidavit is herewith communicated Private
and unofficial communications concur in establishing
the MAN facts OF this account but satisfactory off
clal information has yet been received and in some
important accuracy of the has been
denied by persons whom it duplicates. Nothing could
be more unexpected than that such gross violation of
law. such handed contempt othe authority of the
United States should be perpettated by band of law
less conederates, MONDAY in the city of Boston, and
in the very temple oil justice. regard this hagtious
proceeding as beng surprise. not unattended by
degree OF negligence nor do doubt that any such act
OF violence had been apprehended thousands of the good
citizens OF Boston would have presented themselves
voluntarily and promptly to prevent it; but the danger
does not seem TO have been timely made known or duly
appreciated by those who were concerned in the
ZION Oh the process IN commonly distinguished Tor
its love OF order and respect for the laws; among
people whose sentiment is liberty and law and not ber-
ty without law, above the law such an outrage
could only be the result of sudden violence unhappiy
too much unprepared for to be successfully resisted 1t
would be melancholy, indeed if were obliged to re-
gard this outbreak against the constitutional and legal
authority OF the Government as proceeding from the
general feeling OF the people, in spot which is pro-
verbally called "the cradle of American liberty"
Such undoubtedly is the fact. 1t violates with
out question the general sentiment of the psople of
Boston, and OF ayast majority of the people Of Massa-
chusets, much as it violates the law de6es the au-
thonty OF the Government and disgracss those con-
cerned in it, their adels and abettOrs.
1t is nevertheless, my duty TO lay before the Senate
IN answer to its resolution some important facts and
considerations connected with the subject.
A resolution OF Congress, OF September 90 $780, de-
clared:
"Thatit be recommended to the Legislatures OF the
several States to pass laws making ii expressly the
duty OF the keepers their as receive and safe keep
therein all prisoners committed 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 authority
such States respectI ey the United States to pay for
the use and keeping Of such ails, 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 be therein confined, and also to support
such OF said prisoners shall be committed for often
ces."
"A further resolution of Congress- of the third OF
March, 1871, provides that whereas Congress- did by
resolution OF the 23d day of September 1889 recon-
mend to the several States pass laws max ing it ex-
pessy the duty OF the keepers of their ia lis to receive
and safe keep therein all prisoners committed under the
authority of the United States ORDER therefore, to
insure the administration oil Justice,
Resol ved by the Senate and House of Representa-
lives OF the United States of America in Congress as.
sembled That, IN case any State shall not have COM
piled with the said recommendation the marshal 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 Tor
tod 11dar Shno
thonty 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 incur
red tor the above purposes be paid out Of the reasu
ry Of the United States"
And resolution of Congress of March 8 1921, pro-
vides that where any State States having complied
OF the twentythird day of September, 1882 shall have
Withdrawn or shall hereafter Withdraw, either in whole
or in part the OF their ais for prisoners committed
under the authority OF the United States, the rarsha in
such State States under the direction of the Judge of
the district shall be, and hereby is authorized and re-
CURED to hire convenient place to Temporal
~ 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 orhat purpose and the said marsha shall
be allowed his reasonable expenses incurred for the
above purposes to be paid out OF the treasury OF the
United States" These various provisions of the law
rema in unrepealed
By the law of Massachusetts, as that law stood before
the act OF the Legislature OF that State OF the fourth OF
ties be used for the detention of any persons de-
tanned or committed by the authority of the courts OF
the United States, well as by the and maels-
trates OF the State But these provisions ahroga
ted and repealed by the act OF the Legislature of Mas
sachusetts, of the 24th oil March, ls43
That act declares that no Judge of any court OF record
this commonwealth and justice otthe peace shall
hereafter take cogniZance of grant certificate in
that may arise under the third section of act of Con-
gress passed February IL 1893 and tiled AN re-
specing tugitives from justice and persons escaping
from the service OF their masters to any person who
claims any other person as fugitive slave within the
jurisdiction OF the Commonwealth" And it further de
clares that no sheriff deputy sheriff, coroner consa
BILE. jailor, other officer OF this Commonwealth sha II
hereafter arrest dean, aid in the arrest deten-
lion or Imprisonment in any Jail other building be-
longing 10 this Commonwealth, or 10 any county, city
or town thereof any person for the reason that he
is claimed fugitive slave"
And further declares that "any Justice of the
sheriff, deputy sheriff, coroner, constable or Jaor who
shall offend against the provisions OF this law by in any
way acting directly or indirectly under the power con-
fered by the third section ohe act OF Congress aiore
mentioned, shall forfeit sum not exceeding thou
sand dollars for every such offence, for the OF the
county where said offence is committed, or shall be
subject to imprisonment not exceeding year IN the
county jail"
This law is obvious. had two objects: the first wal
to make it a penal offence in all officers and mags
trates OF the commonwealth to exercise the power;
of February, 1898, entitled act respecting ugives
from Justice, and persons escaping from the service oil
their masters" and which powers they are fully com.
petent to perform up the time of this inhibition and
genial enactment; second, to refuse the use of the as
Of the State for the detention OF any person claimed
fugitive slave
II deeply to be lamented that the purpose of these
enactments quite apparent Ii to prevent. lar
as the Legislature OF The State could prevent, the law
of Congress passed for the purpose tcarrying into eff
feet that article of the Constitution of the u. States
which declares that person held to service 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 claim OF the party to whom
such service labor may be due" from being carried
into effect. But these Of State legislation al.
though they may embarrassment and create ex.
pense, cannot derogae either from the duty the au-
lhorty of Congress to carry out fully and fairly the
plain and imperative constitutional provision for the de-
livery OF persons bound to labor in State and es-
Gaping into another to the party TO whom such labor
may be due. 1t is quite clear that by the resolution of
Congress OF third March, 1921 the marshal OF the U.