The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-22


that article Of The constitution OF the United States
which declares that no person held service labor
State, under the laws thereof escaping into an
other. shall in consequence OF amy law OF regulation
therein be discharged from such service OF labor but
shall be delivered up claim Of the party 10 whom such
service or labor may be due" from being carried into Ell
feet But these acts OF Stale legislation, although they may
either from the duty or the authority Of Congress 10 carry
fully and fairly the plain and imperative consiitu
ional provision for the delivery OF persons bound to
labor in one State and escaping into another TO the party
10 whom such labor may be due. / is quite clear that
by the resolution OF Congress OF March 3, 1871, The
marshal OF the United States in any State in which The
use Of the als Of the State has been Withdrawn IN whole
in part from the purpose OF the detention OF persons
committed under the authority OF the United States, Is not
only empowered, but expressly required under the d
rection OF The Judge OF the district to hire convenient
place Tor The saiekeepng OF prisoners committed under
authority OF the United States II will be from
papers accompanying this communication. that the aen
ton OF the marshal OF Massachusetts, distinctly called
this provision OF the law by letter from the Secretary
OF the Navy OF the date OF October 2sth last There
official information that the marshal has provided any
such place for the confinement OF his prisoners he has
not is to be regretted that this power not exercised
by the marshall under the direction OF the district Judge
Immediately on the passage OF the act oil the legislature OF
Massachusetts, OF the gath OF March, lS43, and espe
cally that il not exercised on the passage OF the
fugitive slave law of the last session, or when the atlen-
ton of the marshal was afterwards particularly drawn
to 1t. s#8 - #.,
II is true that the escape from the deputy marshas in
this not owing 10 the want OF prison or place
of confinement; but still II is not easy TO see now Inc
prisoner could have been safely and conveniently deai
ed during adjournment oil the hearing Tor some days
without such place OF confinement II Il shall appear
that such place has been obtalned directions 10 inc
marshal will be given TO lose no time IN Inc discharge Of
this duty. .. ...F :.
transmit to the Senate the copy Of proclamation Is
sued by the 18th instant IN relation 70 hese uneX
pected and deplOable occurrences IN Boston, togeine
with copies of instructions from the Departments OF war
and Navy, relative TO the general subject And commu
nicaie also, copies of Geographic dispatches transmitted
cra, ~ tn fba
marshal of the Uni'ed States for the district OF Massa-
chusetts, and their answers thereto
In regard to the last branch OF the inquiry MADE oy ,he
resolution OF the Senate, ! have TO observe that the
constitution declares that the President shall lake care
that the laws be faithfully executed" and that ne shall
be commander-in chief OF the army and navy OF the
United States, and of the militia OF the several Sales
when called into the actual service oil the United STATES
and that Congress shall have power to provide Tor call
ing forth the militia to execute the laws OF ,hs Union
suppress instruction. and repe nvasions from wnich
appears that the army and navy are, by the constitution
placed under the control of the Executive; and probably
no legislation of Congress could add to q diminish Inc
power thus given, but by increasing or diminishing or
abolishing altogether, the army and navy But moi 50
with the militia. The President cannot call The militia
into Service even to execute the law. or fepe %
but by the authority of acts of Congress passed Tor that
purpose But when the militia are called INTO service 10
the manner prescribed by law then the constitution Itself
gives the command to the President Acting on .h's Pn
authorized the President TO call forth the mlll''a
to repel invasion, and suppress Instructions against
State government and 70 suppress na canss
the laws to be faithfully executed" But Inc act
proceeds declare that whenever 1t may De neces
sary, in the Judgment OF the President, 70 use ,he mn
tafy force thereby directed be called FORTH the President
shall forthwith, by proclamation, command such hsut
gents dsperse, and retire peaceaby TO their respective
abodes within limited time these woras are ptoau
enough TO require proclamation in all cases where
militia are called under that act, whether 10 repel m
vasion suppress lnsurrecton, or 10 ad IN executing
the laws This section has consequently, created some
thu
executing the laws without previous proclamation
But yet the proclamation seems TO be m words directed
only against insurgents and to require hem 10 dispese'
thereb by implying not only an nsurecon, but an organ
led or at least an imboded force. Such proclama
lion 10 aid OF the civil authority would often defeat Inc
whole object by giving such notce 70 persons intended
themselves the force may be wanted sometimes 10
make the arrest and also sometimes 10 project me ocer
after it is made and 10 prevent rescue, woun, mere
FORE suggest that this section be modlhed oy declaring
that nothing therein contained shall be construed 10 re-
qulre any previous proclamation when the militia are
called iorh either to repe INVASION 70 execute 'ne
or suppress combinations against them and that Inc
President may make such cal and place such militia I'M
der the control of any civil officer OF the United States to
bnaons and, while 90 employed, they shall be paid by
and snbsisted at the expense Of the United States
Congress- not probably alvertng TO the difference be-
The militia and he me s % " Us. .a. the land
and naval forces OF the United States Tor the same pu
poses for which he might call forth the militia and SUP
lect To the same proclamation. Dut Tue Po"ei VI W.
President under the constitution, as commander OF the
army and navy is general and his duty 10 see the laws
faithfully executed Is general and posve and the act oil
1907 ought not to be construed eyncng any dsposi,
ton in Congress limit restrain this constitutional
authority For greater certainly however, y may be
well that Congress should modify explain this act IN
reg ard to lis PROVISIONS Tor the employment oil the army
and navy OF the United States welt as that IN regard
To calling forth the militia IL Is supposed not 10 DC
doubtful that all citizens, whether enrolled IN the m'ua
or not may be summoned as members OF the posse com
itatus either by the marshal commissioner, accord
ing 10 law and that it is their duty TO obey such sum
mons But perhaps it may be doubted whether the
| marshal or a commissioner summon as the posse
comatus an organized militia force, acting under IL
own appropriate officers without the consent OF such OH
GERS This point may deserve the consideration OF Con
gress. a. =,
use this occasion 10 repeat the assurance that so lar
as depends on me- the laws shall be faithfully executed
and all iorcibc opposition to them suppressed and lo
this end prepared TO exercise, whenever may De
come necessary the power consttutonay vested IN me
TO the fullest extent am fully persuaded that the Vea
majority of the people of this country are warmly am
strongly attached TO the constitution, the preservation OIL
the Union the lust support OF the government and me
maintenance of the authority OF law. j am persuaded
that their earnest wishes and the line OF my constu
tional duty entirely concur; and doubt not hrmness
moderation and prudence seng and animated by
The general opinion OF the people, will prevent the repe
ttion of occurrences disturbing the public peace anC
reprobated by all good men. ,,,,,,o,,