North Carolina standard. [volume] (Raleigh, N.C.) 1850-1852, 1851-02-26
MESSAGE FROM THE PRESIDENT.
.ExEcuTIvE DEPARrMENT,
February ~, 1881. }


o,h ;ns,ant reouesllnU me to las before that body
if not Incompatible with the public interest," any In
formation may possess in regard 10 dh atleged receh'
case of forcible resistance 10 lne execution OF n
N communicate TO the Senate under the above cond-
tions what means have adopted TO meet the occur,
renee: and whether, i'll my opinion, any additional
LEGISLATION is necessary 10 meet the exgency OF the
ease and to more vigorously execute existing laws.
The public newspapers contain an afhdaVt OF rat
rick Riley deputy marshal for the district OF Mas
sachusets, setting forth the oil the case
Il COPY of which affidavit is herewith communicated
Private and unofficial communications concur in es-
tablishng the main facts OF this account but no sat
isacory Information has yet been received, and in
some important respects the accuracy of the account
has been denied by persons whom it duplicates.
Nothing could be more unexpected than that such
a gross violation of law such handed contempt
of The authority of the United States should be per-
petrated, by band of awless conederates, noon
day. in the city of Boston, and in the very temple OF
Justice. regard this hagtious proceeding being
a surprise, not unattended by degree of neglI-
gence do doubt that, il any such act of violence
had been apprehended, thousands of the good citizens
of Boston would have presented themselves Vounta-
ry and promptly. to prevent it but the danger Goes
not seem to have been timely made known, or dulv
appreciated by those who were concerned In the eS
ecution of the process. In community Distinguish
ed for its love of order and respect for the laws among
people whose sentiment is liberty anu IaW anu not
liberty without law, nor above the law such an OUT
rage could only be the result OF sudden violence, n
bs1niIv too much unprepared for to DE successfully
resisted II would be melancholy, indeed, if we were
OBLIGED to regard this outbreak against the constitu-
tiona and legal authority of the Government, as pro-
ceeding from the general feeling of the people, in
spot which proverbiay called the cradle of Amer
lean liberty"
Such, undoubtedly, is not the fact 1t violates,
without question, the general sentiment OF the Peo-
pie of Boston, and of vast majority of the whole
peopIe of Massachusetts,, much as it violates the
law, deies the authority Of the Government, and dis
races those concerned it, their aiders and abettors
L., fhaIoS finfV In La hntn n
ate. in answer its resolution, Important facts
and considerations connected with the subject.
A resolution of Congress. of September %, 1888,
declared
That it be recommended to the Legislatures of
the several States pass laws, making it expressly
the duty of the keepers of their als receive and safe
keep therein, all prisoners committed under the au
thoty of the nited States until they shall be dis
charged by the of the laws thereof under the
like penalties in the of prisoners committed
under the authority of such States respectively the
United States to pay for the and keeping OF such
nils, the of fifty cents per month for each
prs that SHALL under their authority, be commit
ted thereto, during the time such prisoner shall be
therein confined; and also to support such of said
prisoners as shall be committed for offences
further resolution of Congress- of the third of
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 keepers of their ails 10
receive and safe keep therein all prisoners committed
under the authority of the United States in order,
therefore, to insure the administration of justice,
Resolred by the Senate and House IF representa-
tires of the United States IF .4nlerica in Congress Os-
senlbed, That, in any State shall not have COM
piled with the said recommendation the marshal in
such State, under the direction of the Judge of the
district, be authorized to hire convenient place to
temporary Jail, and to make the necessary
provision for the safekeeping of prisoners commit ted
under the authority of the United States until per-
manent provision shall he made by law for that pur-
pose; and the said marshal shall be allowed his
10 rod for tbca oh bp mid
out of the trea snry of the United SIates'
And resolution of Congress, of March 3, 1921
provides that where any State States, having
complied with the recommendation of Congress in the
resolution of the twenty day of September 1879,
shall have Withdrawn or shall hereafter withdraw,
either in whole or in part, the of their jas for
prisoners committed under the author ty of the United
States, the marshal in such State or States under the
direction of the Judge of the district, shall be, and
hereby is authorized and required hire convenient
place to serve as temporary Jail, and to make the
necessary provision for the safekeepng of prisoners
committed under the authority of the United States
until permanent provision shall be made by law fol
that purpose and the said marshal shall be allowed
his reasonable expenses incurred for the above pur
poses to be paid out of the treasury of the United
States" These various provisions of the law re-
main unrepealed.
By the law of Massachusetts, as that law stood
before the act of the Legislature of that State of the
fourth of March, 1913, The common jaiIs in the
spective counties to be used for the detention
OF any persons detained committed by the author-
~ of the courts of the United States, well as by
the courts and magistrates Of the State. But these
provisions abroga;.d and repealed by the ac OF
the Legislature of Massachusetts, of the 24th oil
March, IS43.
The act declares that ss no Judge of any court oil
record of this commonwealth, and justice of the
peace, shall hereafter take cognzance, grant cert
fcate in that may arise under the third section
of an act of Congress passed February H. I793 and
entitled An act respecting ugitives from justice and
persons escaping from the service of their masters
any person who claims any other person fugitive
slave within the jurisdiction of the Commonwealth
And it further declares that sheriff. deputy sher
III, coroner, constable, ailor, other officer this
Commonwealth, shall hereafter or detain or aid
IN the arrest, or detention, Imprisonment in any
jail or other building belonging to this Common
wealth, OF 10 any county, city, thereof of any
person tor the reason that he is claimed as fugitive
slave.'
And it further declares that s. any Justice of the
peace, sheriff, deputy sheriff, coroner, constable OF
Jallor, who shall offend against the provisions of this
law, by In any way acting directly indirectly un
der the power conferred by the third section of the
act OF congress aforementioned, shall forfeit sum
not exceeding thousand dollars for every such of
fence, for the use OF the county where said offence
committed, or shall be subject to Imprisonment no
exceeding one year in the county Jail.
This law, it is obvious, had two objects the frs
was to make II penal offence in all officers and
magistrates of the commonwealth 10 exercise the
powers conferred on them by the of Congress OF
the 18th Of February, 1898, entitled An act res
pecng fugilives from justice, and persons escaping
from the service of their masters and which pow.
ers tney were fully competent to perform up 10 the
time OF this Inhibition and penal enactment; second
to refuse the use of the als of the State for the de
tentlon OF any person claimed a fugitive slave.