Glasgow weekly times. (Glasgow, Mo.) 1848-1861, 1851-03-13

parent. II was 10 prevent, as far as
the Legislature of the Stale could pre-.
vent, the laws of Congress passed for
the purpose of carrying into effect that
article of the Constitution of the Uni.
ted States, which declares that mo
person held 10 service or labor in one
State under the laws thereof, escaping
into another, shall, in consequence Of
any law or regulation therein, be dis.
charged from such service or labor, but
shall be delivered up on claim of the
party to whom such service or labor
may be due" from being carried into
effect. But these acts of Stale legisla.
tion, although they may cause embar.
rassment and create expense, cannot
derogate either from the duty or the
authority of Congress TO carry out
fully and fairly the plain and imperative
constitutional provision for the delivery
of persons bound TO labor in one State
and escaping into another, to the party
to whom such labor may be due.
1t, is quite clear that, by the rcsolu.
ton Of Congress of Sd of March,
1921, the marshal Of the U. States, in
which the use Of the jaiIs Of the Slate
has been withdrawn in whole or in
part from the purpose Of the detention
of persons committed under the au.
thoriry of The U. States, is not only
empowered, but expressly required,
under the direction Of the Judge Of the
district, 10 hire convenient place for
the safe keeping Of prisoners commit.
ted under the authority of the United
States. 1t will be seen, from papers
accompanying this communication, that
the attention Of the marshal Of Massa.
chusetts was distinctly called to this
provision of the law by letter from
the Secretary of the Navy, at the date
of 2Sth October last. There is no
official information that the marshal
has provided any such place for the
confinement of his prisoners. If he
has not, it is to be regretted that thi.
power was not exercised by the mar
shal. under the direction of the dis
trict Judge, immediately on the passage
Of The &C, of the Legislature Of Massa
chucetts, of the 24lh March, 1913, anC
especially that it was not exercised or
the passage Of the Fugitive slave law
of the last session, or when the alten
ton of the marshal was afterwards
particularly drawn 10 it.
is true that the escape from The
deputy marshels in this case was no
owing 10 the want of prison, or place
of confinement, but still it is not easy
to see how the prisoner could have bee,
safely and conveniently detained, du
ring The adjournment of the hearing, 70
some days, without such place of con
fnemen'. If it shall appear that n
such place has been obtained, direC
tions TO The marshal will be given +
lose no time in the discharge of hi
duty.
transmit TO The Senate the copy O
a proclamation issued by me on tn
18th, in relation to these uneXpecte
, and deplorGble occurrences in Boslor
together with copies of instruction
from the Department Of War and Nav
E relative 10 the general subject. And
communicate also copies of telegraph
| dispatches transmitted from the d.
partment Of State 10 the District A
torney and marshal Of the U. State
for the district of Massachusetts,, an
! their answers thereto.
In regard to the last branch Of til
inquiry made by the resolution of tt
Senate, have to observe that the col
. si!uion declares that "lhe Presidel
= shall take care that the laws be faill
fully executed" and that "he shall
: Commander.i in chief of The army or
= navy in the United States, and of Il
militia Of the several States, wht
called into the actual service Of Il
!, United States" and that "Congre
- shall have the power 10 provide f
, calling forth the militia 10 execute Il
~ laws Of the Union, suppress insure
: ton, and repel invasions." Fro
which ii appears that the army al
navy are, by the Constitution place
s. under the control of the Execu,i'
u and probably DO legislation of CO
u gress could add TO or diminish /
" power thus given, but by increasi
!, or diminishing, or abolishing altogeth
y the army and navy, But not so w
S. the militia. The President cam
u call the militia into service, even to c
g. 9, ecute the laws or repcl invasions, /
!" ! by the authority Of acts of Congr'
j passed for that purpose, But VIII
the militia are called into service,
}, the manner prescribed by law. then
al Constitution itself gives the comma
of 10 the President. Acting on this pr
" ciple, Congress, by The act of Feb. 90
n 1895, authorized the President to c
n forth the militia to repel invasion, a