Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1851-02-25
PRESIDENTS MESSAGE.

cannot derogate either from the duty of the authority
OF Congress to carry out, freely and fairly, the plain
and inn erative constitutional provisions 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 Sd Of March, 1921 the marshal ofhe
United States In any state in which the use OF the
Jalls OF any state has been Withdrawn in the whole
or In part from the purposes of the detention OF per-
sons committed under the authority of the United
States, not only empowered, but expressly requir
ed, under the direction of the Judge Of the District
Court, to hire convenient place for the safekeeplng
of prisoners committed under authority of the United
States 1t will be seen from papers accompanying
this communication, that the attention of the Mar
shas 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 no official information that the Mar
shall has provided any such place for the confinement
OF bis prlsoners if he has not, it is to be regretted
that this power was not exerci ed by the Marshal
under the direction of the District Judge immedi-
aey on the passage of the act OF the Legislature of
Massachusetts, of March 18th, 1913, and especially
that was not exercised the passage of the ugi
tive slave law of the last session. when the aten
ton of the Marshal was afterwards particularly
drawn to It, 1t Is true that the escape from the dep
uty marshal in this case, was not owing to the want
of prison place of confinement, but still it is not
easy to see how the prisoner could have been safely
| and conveniently detained during adjournment of
the hearing without some such place of onfinement;
and if it shall appear that no such place has been
obtained, directions to the Marshal will be given to
lose no time in the discharge of this duty. trans
NIT to the Senate copy ola proclamation issued by
me on the 18th instant.
In relation to those unexpected and deplorable
occurrences in Boston, together with copies of in
| structlons from the Departments of War and Navy,
relative to the general subject; also copies OF tele
graphic dispatches transmitted from the department
OF State to the District Attorney and Marshal of the
Uuited States for the District of Massachusetts, and
their answers thereto In regard to the law branch
of the inquiry made by the resolution of the Senate
have to observe that the Constitution declares that
the President shall take that the law be faithful
| ly executed, and that he shall be COMMANDMENT
Chief of the army and navy of the United States and
OF the States when called into the actual service of
the United States AID that Congress shall have pow
er to provide for calling upon the Militia to execute
the laws OF the Union, suppress Instruction. and re-
pei mvaslons; from which 1t appears that the army
and navy by the Constitution placed under the
control of the Executive; and probably legislation
OF Congress could add to diminish the power thus
given, but by increasing or diminishing aboshng
altogether the army and navy, but not with the
militia. The President cannot call the militia into
service, even TO execute the laws or repel invasion
except by the authority of acts of Congress passed
for that purpose. But when the militia are called
- tlle prescrhed hv law the
constitution itself gives the command 70 the Presi
dent Acting on this principle, Congress. by the act
OF February 18th, 1884, authorized the President to
call forth the militia to repel invasion and suppress
instructions against state government and to sup
press combinations against the laws of the United
States, and cause the laws to be faithfully executed
put ms Act proceeds to declare that whenever il
may be necessary in the Judgment of the President
10 use the military force thereby directed to be call
ed forth, the President shall forthwith by procIama
lioh, command such insurgents to dispense and retire
peacefully to their respective abodes within limited
time These words are broad enough to reouire nro-
camatlon IN all cases where the militia are called
Gut under that Act, whether to repe invasion or SIM
press an lnsurrectlon or to aid in executing the laws
ihere IS consequently some doubt whether the mill
TIA could be called forth in executing The laws with
out proclamation; but yet the proclamation seems
70 be IN words directed only against insurgents, and
70 require them to dispense; thereby implying not
only an instruction, but organized or at least an
embodied force. Such proclamation. in aid Of the
civil authority, would often defeat the whole Object
by giving such notice to persons intended to he ar
rested that they would be enabled to fly or secrete
themselves. Inc force may be wanted sometimes
to make the arrest and also sometimes TO nrotect the
ofhcer after 1t Is made and to prevent n rescua
would therefore suggest that this section he mod;
eu by declaring that nothing therein contained shall
be construed to require any previous proclamation
when the militia called forth either To renal ;nv
sion, to execute the laws, or suppress combination
against them; and that the President may make
such call and place such militia under the control If
any cvii oilcer OF the United States to aid him in
executing the laws, suppressing such continuation
and while so employed, they shall be maid bv and
snosisted at the expense Of the United States Con-
sress' not, probably adverting to the difference be-
tween me militia and the regular army by the act
OF march sd, 1897, authorizing the President TO use
the land and naval forces of the United States for
lhe same purposes, for which he might call forth the
Iniltla, and subject to the same proclamation but
tne power OF the President under the Constitution as
Gon1lilahuer OF the army and navy, is general, and
his duty to see the laws faithfully executed is oener
al and positive; and the act of 1907 ought not to h..
construed as evncng any disposition on the mart of
congress to limit or restrain this constitutional au
thority' However, it may be well that Congress
should modify or explain this act in regard 10 its
provisions Tor the employment ofhe army and navy
OF the United States, well as that in regard loca
ing ioih the militia 1t is supposed not to be doubtful
at all cit'zens, whether enrolled in the militia or
w., ,nay pe summoned as members of the Posse
Comatatus, either by the Marshal or Commission
en- according to law, and that ii is their duty 10 obev
such summons; but perhaps it may be douhted
whe'her the Marshal or Commissioner can sum.
mon, as the Posse Comitatus, an organized militia
iotce, acting under its own appropriate oGicors
without the consent of such officers This no;n,
may deserve the consideration of Congress, Tnse
me occasion to repeat the assurance, that SO far as
depends on me- the laws shall be faithfully execntod
ana an forclble opposition to them suppressed and
10 thIs end I'm prepared TO exercise whenever i
may become necessary, the power constitutionollv
invested IN me, to the fullest extent lam rulIv nor
suadeu mat the great majority of the people Of This
country are warmly and strongly attached TO the
the preservation of the Union, the sup
authority OF Law. am persuaded that tbcir oorn
est Wishes and the line of my constitutional duty