Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1851-03-06
ect to Imprisonment not exceeding one year the coun

81 commonwealth powers conferred
them by the OF Congress Of the 18th Of February
1893, entitled An respecting lugitlyes from Justice
and persons escaping from the service OF their masters
and which powers they fully competent To perform
up the time OF this inhibition and penal enactment
sccond refuse the Of the as Of the State for the
detention of any person claimed a fugitive slave.
1t is deeply be amented that the purpose oil these
quite apparent Ii was 10 prevent as lar
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 United States
which declares that 'no person held service labor
IN one State under the laws thereof, escaping into an
other, shall in consequence of any law regulation
therein, be discharged from such service labor but
shall be delivered up claim of the party whom such
service labor may he DUE from being carried into e
feet But these OF State legislation although they
may embarrassment and create expense, cannot
derogate either from the duty the authority of Con-
gress to carry out fully and fairly the plain and mpera.
tive constitutional provision for the delivery of persons
Bound to labor in State, and escaping into another
the party to whom snch labor may be due IL is quite
clear that, by the resolution of Congress of March g.
1921 the marshal of the United States in any State in
which the use OF the las OF the State has been with
drawn IN whole in part from the purpose Of the de-
tenon of persons committed under the authority of the
u States is not ouy empowered but expressly required
under the direction Of the judge of the district hire
convenient place for the safe keeping OF prisoners
mltted under authority OF teUniied States. Ii will be
seen. from papers accompanying this communication,
that the attention of the marshal of Massachusetts
distinctly called to this provision of the law by letter
from the Secretary OF the Navy of the date of October
2Sth last There is official information that the mar
shall has provided any such place for the confinement Of
his prisoners 1.-The has not il he regretted that this
power exercised by the marshall under the d.
recton of the district judge Immediately the passage
oil the act OF the legislature OF Massachusetts of the
oath Of March, l843 and especially that it was not
ercscd the passage of hengitive slave law of the
last session. when the attention Of the marshal
afterwards particularly drawn TO it.
IL that the from the deputy marshals
this owing TO the want OF prison place
of confinement but still it is easy how the
prisoner could have been safely and conveniently detan
ed during adjournment of the hearing for days
without such place of confinement II it shall appear
that such place has been obtained directions 10 the
marshal will be given to lose time In the discharge oil
this duty.
transmit to the Senate the copy Of proclamation is.
sued by the 18th instant in relation to these
pected and deporabe in Boston, together
with copies OF Instructions from the Departments OF War
and Navy, relative 10 the general subject And COM
mnnieae, also, copies of telegraphic dispatches
mitted from the Department of State the district
orney and marshal OF the United States for the district
of Massachusetts, and their answers thereto
La regard the last branch oil the inquiry made by
the resolution OF the Senate | have t. observe that
the constitution declares that 1.-THE President shall take
that the laws be faithfully executed AID that he
shall be commander oi tie army and navy oil the
United States, aad oil tie militia o the several States,
when called the actual u the United Safes
and that Congress shall have power to provide Tor call
ing forth the militia 70 the laws OF the Union,
suppress insunec ions, and repei Ihyasons." From
which appears that the army and navy are, by tue
constitution placed under the control Of the Executive
and probably legislation of Congress could add To
diminish tue power given, buI 10y increasing or d.
mlnshng, abolishng altogether, te army aud navy
But with the militia The President cannot call
tue militia service u execute the laws
pei invasions but by the authority oil Of Congress
passed for that purpose. But when tue militia are
called into service IN the manner prescribed by law,
then the constitution Itself gives tie command 10 the
President. Acting this principle, Congress by the
Of February % 1875, authorized the President to
call forth the militia To repel inyasion and suppress IN
sdrrccCns against State government, and 10 supp,
combinations against the laws Of the United States and
the laws he faithfully executed But tie act
proceeds TO declare Whenever ii may be necessary
the judgment Of tie President, the military
force thereby drectedtI be called forth. tae President
shall forthwith by proclamation, command sucA lnsur-
dispense, and retire peaceaDy to their respec
tive alodts within limited time. These words are
broad enough 10 require proclamation IN al cases
where militia called out under that act whether Ia
repel nvasion suppress instruction, TO aid Ia
executing the laws. THIS section has quently
created doubt whether The militia could e caiit
forth aid in executing The laws without previous
proclamation. Bat yet the proclamation to bc ia
words directed Only against insurgents and to require
them . disrerse thereby implying not only iisur-
rection hut organized, at c4si mboded, force.
Such proclamation la aid OF the civil authority would
often defeat the whole object, ly giving such uotce TO
persons u ended be they would be enabled
fly seaete themselves. The force may be wanIeds
times to make the arrest aud also sometimes to protect
the officer after it is made and 10 prevent rescue.
would therefore suggest that this section he modified lay
dccai ing that nothing therein contained shall be con
stued to require any previous proclamation when the
militia called forh either 10 repei INVASION. 10 eNe-
cute the laws, suppress combinations against them
and that the President may make such call and at
such militia under control of civil officer of the
United States TO aid him in executing the laws or sup
pressing such combinations; and, while So employee
they stall he paid by and subsstd at the expense Of Il
United States.
Conr ess not probably advcrng to the difference be.
the militia aud the regular army, by the act oil
March g. 1907 authorized the President 10 tie land
and naval forces of the United States for the pu
poses for which he might call forth the militia, and sub
Iect to the same proclamation. But the power oil the
President under the constitution commander oil tie
army and Iasy, general aud his duty to the laws
faithfully executed is general and posltve and the act ot
1907 ought not to be construed evncng any DISPOSE
toa in Congress to limit rest am this constitutional
authority. For greater certainty however, It may be
well that Congress should modify explain this act in
regard its provisions for the employment oil the army
and of the United States well that In regard
to calling forth the militia. 1t is supposed not to be
doubtful that ali citizens. whether enrolled in the militia
may be summoned members oil the posse cofa
taus either by the marshal or commissioner, accord
ing to law and that IT their duty TO obey such sum-
mons. But perhaps it may be doubted whether tie
marshal or a commissioner Summon the posse
comatus an organized militia FORCE acting under its
appropriate officers without the consent OF such OH
GERS This point deserve the consideration oil Con-
gress.
this occasion repeat the assurance that, far
depends me, the laws shall be faithfully executed
and all forcble opposition them surprised; and to
this end prepared to exercise, whenever may be-
necessary, the power constuonally vested IN me
the fullest extent am fully persuaded that the great
majority of the people of this country warmly and
strongly attached the constitution, the o
the Unon the Just support of the government, and the
maintenance OF the authority OF law. am persuaded
that their earnest wishes and the line OF my consttu-
tiona duty entirely concur and doubt not irmness,
moderation and prudence, strengthened and animated
by the general opinion of the people, will prevent the