Washington telegraph., 1851-03-19

some important facts and considerations
connected with the subject.
A resolution of Congress, of Septem-
ber %. 1889. declared:
"That it be recommended to the Legis-
latures of the several States to pass laws
making it expressly the duty of the keep.
ers of their jails to receive and safe keep
therein, all persons 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 of such States respectively;
the United States to pay for the keeping
of such prisoners at the rate of fifty cents
per month for each prisoner that shall,
under their authority, be committed there
to, during the time such prisoners shall
be therein confined; and also to support
such prisoners as shall be committed for
offences"
A further resolution of Congress- of the
Sd March, 1871, provides that, ''whereas
Congress did, by resolution of the 23d
day of September. 1899, recommend to
the several States to pass laws making it
expressly the duty of the several keepers
of their jails, to receive and safe keep
therein all prisoners committed under the
authority of the United Ssates; in order,
therefore, to insure the administration of
justice.
"Res0lued by the Senate and House of
Representatives Of the United States of
america IN Congress assembled, That
;,,o cboI 1;,l
with the said recommendation, the mar
shall in such State, under the direction of
the Judge of the district, be authorized
to hire a convenient place to serve as a
temporary 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 for that purpose;
and the said marshal shall be allowed his
reasonable expenses, incurred for the
above purposes, to be paid out of the
treasury of the United States
And resolution of Congress. of
March 2, 1921, provides that "where
any State or States, having complied
with the recommendation of Congress
in the resolutions of the 23d day of
September. 1889, shall have withdrawn
whole or in part, the use of their jails
for prisoners committed under the ap-
thority of the United States, the mar
shall in such State or States. under the
direction of the Judge of the district,
shall be, and hereby is, authorized and
required to hire a convenient place to
serve as a temporary Jail, and to make
the necessary provision for the safe keep
ing of prisoners committed Under the au-
thority of the United States, until per-
manent provisions shall be made by law
for that purpose: and the said marshal
shall be allowed his reasonable expen-
ses incurred for the above purposes, to
be paid out of the treasury of the Uni
ted States" These various provisions
of the law remain unrepealed.
By the law of Massachusetts, as that
law stood before the act of the Legis-
lature of that State of the 4th of March,
1913, the common jails in the respective
counties were to be used for the deten-
ton of any persons detained or COM
mitted by the authority of the courts
of the United States, as we'll as by the
courts and magistrates of the State
But the provisions were abrogated aud
repealed by the act of the Legislature
of Massachusetts, Of the Gath Of March,
1913.
That act declares that "no Judge of any
court of record of this Commonwealth,
and no justice of the peace, shall here
after take cognlzance, or grant certificate
in cases that may arise under the third
section Of an act of Congress, passed
February IL, 1898 and entitled AN act
respecting fugitives from justice and per-
sons 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 declares that ':no sheriff,
deputy sheriff. coroner, constable, iailor, or
other officer Of this Commonwealth, shall
hereafter arrest or detain, or aid in the
arrest, or detention, or imprisonment in
any jail or other building belonging to
this Commonwealth, or to any county,
city or town thereof Of any person for
the reason that he is claimed as fugitive
slave."
And it further declares that "any justice
of the peace, sheriff, deputy sheriff, coro-
ner, constable, or jaior, who shall offend
against the provisions of this law. by In
any way acting directly or indirectly
under the power conferred by the third
section of the act of Congress aforemen-
toned, shall forfeit a sum not exceeding
one thousand dollars for every such OF
fence, for the use OF the county where
said offence is committed, or shall be sub
ject to imprisonment not exceeding one
year in the county Jail.
This law, it is obvious, had two objects:
the first was to make it penal offence
&C IL