The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1851-03-01

section ~ Au go M 'nuPrrHsi passed Trbf,
] lba, anl entitled ian acc respecting E,,
lives IRON Justice ana csraplug from the ,gr
vice Of their masters" a. any prr.,t h.
clzdms any other person as fugitive .i-
within the jurisdiction Of the inmunuu..tI
IL further declares that no Sheriff. d,,..,
I Sheriff, Coroner Constable, Iailnr or lt.
officer ~ this commonwealth, shall bers,G.
arrest, nT driain, 90 sd IN the arrest an n
tenunn, Or imprisonment, Ia any iailsor od.
er building belonging 60 this Commonwealth.
( or 20 any county, fiu nr town Thereof ,g''
prisoner, iur tH rgisun tlm lee i rls,u.,i
~ a fugitive slave. Aud IL further .lerI',..
that any Justice Of the Peace, hbariH. Com
ucr, Constable, or JAilnr, who shall offend
gainat the provisions OF tia law, be- in NV.
/ way acting directly nT indirectly, uuder M.
power conferred hy lhe thinl section al M.
act aforementioned shall fnrftt a sum N.Y.,
exceeding one thousand dollar. hr e,rr,
such offence, for The use of the county whrrs
said offence h ouminited, 0r shall BE- suLirrt.
jail, .,ar-'
This law, II IL obvious, had two ol,ars-
/ The hri was a. make u ponal offence In
all officers and magistrates a. cKcrrise tb..
powers ouuitrred 20 them liy the art of On
/ Press Of Feb 2fh, 1888, entiUed ,au art r..
spccnng mPiuyos and pcr-Ous oscapiug Grom
the sertirr oifheir masters" aud which now.
rra ihry were iully competent a. pcrl1un. up
a. the time ~ 10 Inhibition aud penal e,rrt
mcnt Stcoud--to refuse the uso of the isil.
Of the State for The detention Of any person
claimed a. . fugitive slave,
IL 10 deeply a. be- lancntrd, that tho pur.
pose Oi these CnHcimeula J. quit 4y,,..r,-,y, IN
provcnLso far ~ the Legislature ofthe Staro
could pre' oni the laws Of Congress passel
"a cHrry into effect hRLArticle of the Gnn,ii.
tuition Of the United States, which declare,
that no person be- held "a service or labor n
ono State, under The laws thereof esrariiug
a. another, shall ia consequence Of az, law ar
-'"t.'t'Hliotr tiirrriu, be Unchanged rum such
service or labor; hut shall be- delivered up
on claim Of he party 90 whom such service n
due
: The arts Of the State Legislature. although
they may cause embarrassment, cannot drrp-
gate irom the duty or the authority 1f Com
grai, 10 carry out filly and fairly the plain
aud imperative Constitutional provisions f1r
tle delivery oipursons bound 10 labor 10 one
state and escaping into auoihcr. a. the uarty
90 whom such labor may be- due,
= u 10 quite clear that by the act of Congress
Of Marh 2, 1871. the Marshal II the United
states, IN any State IN which the nse Of the
iails OF the STATE has been withdrawnin whole
or ia part, for The purpose ofthc detention oi
persons commillrd under the authority of
The United states, isuot only empowered
ui the Judge Of the District Court, 10 hire A
convenient place for the safe keeping Of the
prisoners committed under authority Of the
United States.
~ viii bc seen from the papers AccGmna.
nying this communication that the nHr6tinn
Vt the Marshal ct Ala-,arhusrtts was distinct.
ly called a. this provision Of the law. bv n let
ter from the Secretary ofthe NAVY ofihc 9sih
Oct last, There IN ma official inflammation
I'M lac .It..I l.. q 4 4
Tor the confinement of his nrsdHer.. II bc
has not, IL IL to hc regretted thar This power
was not exercised by the Marshal under The
direction 1.-THE District judge. Immediately
on the passage Of the act 81 the Legislature of
Ma.'arhuscus, of March 20, 1913 land cspc-
eiailt that - was not exercised ON ne passage
OF the Fugitive Shve Law of the last session
or when the attention ofihc Marshal WINS al
forwards particularly drawn 10 IT, IL Il true
that ticcsoauo from fio Deputy Mnr.hal'.
custody IA this cnfc.was not owing "a the want
OF prison or place of confinement, but still
u u not easy "a see how Inc prisoner could
have been conveniently and safely detained
during an adjournment ct The hearing, with
ont some such place ct confinement and IL
u shall appear that no such place hrs been
obtained, directions Ia the Marshal viii be-
gwen to lose no time in the discharge Of this
duty.
transmit to the Senate q con, or procla-
milton s2ucl La ina as.- tl...-i i,1rt,
lauon to those unexpected aud dcpornble o.
rurrcnccs IN Bustou, together with copics Of
instructions from the Departments Of War
and'Navy, relative "a the general subject; al
20 copies OF topographic dispatches transmit
ted from the department Of State to the Dis
trict Attorney aud Marshal of the United
SvTTCs Tor thc District Of Massachusetts. aud
their answers thereto, In regard TO the law
branch of the inquiry made by tho resolution
NJ the Senate, | have to observe that the
constitution declares that the President shall
lake care that the law be faithfully eNt.r,itt.tl
and that he shall be COMMANDMENT Chief Of
HE army and navy ofthe United States, and
# the states when called into the actual SER
wee OF the United States. aud that Congress
hall have power 10 provide for calling upon
he Militia To execute the laws of the Union,
upprcSs insurreclion. and rcpel inva-ions;
rom which u appears TINT tho army aud ma
~ are by the Constitution placed under tic
iower OF the executive and probably no leg
station of Congress could add TO or diminish
he power thus given, but by increasing or
diminishing or abolishinp altogether the army
md navy, but not so with the militia The
resident cannot call the militia into service,
ven to execute the laws or rcpel invasion
xrept-h.-t the authority or acts OF Congress
,aSSed Tor that purpose. But when the mill
IA are called into service in the manner pre-
cribcd by law the Constitution itself gives
he command to the President. Acting on
his principle, Congress, nv tho act OF Febru--
ry 2S, 1898. authorized the President to call
'rth the militia to rcpol invasion and sup
ross instructions against state government
nd To suppress combinations against the
rvs of the United States and canse the laws
} he faithfully executed; but this act pro-
aeds 10 declare that whenevcrit may he nee
'sary in the Judgment of the President to
Sc Nhc military force thereby directed tn be
'lled forth, the President shall forthwith bv
reclamation, command such insurgents to
eFerse anti retire peacefully to their re
'cchve abodcs within limited time. These
or!is are broad enough to require procla-
ALTON in all cases where the militia are called
1t under that act, whether to rcpel invasion
suppress an instruction. or 20 aid in exc
iting thd laws. There is consequently some
,ubt whether the militia could be called