Fremont weekly freeman. [volume] (Fremont, Sandusky County, Ohio) 1850-1853, 1851-03-15


exercise the powers conferred on them BY the
act of Congress Of the 18th of Februar, 1898 J,
entitled an act respecting fugiiives from JUS
tices and person escaping from the service of
theirmasters. and which powers they were
ully competent TO perform up to the time Of
the inhibition and penal enactment; second
10 refuse the use Of the jails Of the State for
the retention Of any person claimed as a
fugitive Slave.
1t is deeply to be lamented that the purpose
these enactmvnts is quite apparent Il was to
prevent, SO far as 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 to
service or labor in one State under the laws
thereof escaping into another shall in conse-
quence of any Law or regulation therein be
discharged from such service or labor but
shall be delivered up on claim of the party to
whom such service ol labor may be due from
being carried into effect THESE acts of
Stess Legislation, although they may cause
embarrassment and create expense, cannot de-
rogate either from the duty OF the authority of
Congress to carry out freely and fairly the
plain and imperative constitutional provisions
for the delivery Of persons boundtolaborino one
State and escaping into another To the
party 10 whom such labor may be due, it is
quite clear that by the resolution of Congress
Of third March 1921, the Marshal of tie Unit
ed States in any State in which The use of the
State has been Withdrawn in whole or in part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 Judge of the District to
hire convenient place for the safe keeping of
prisoners committed under the authority of
the United States. 1t will be seen from pa
pers, accompanying this communication. that
the attention OF the Marshal of Massachusetts
was distinctly called to this provision of the
law by letter from the Secretary of the
Navy of the date of Oct 2Sth, last There is
no official notice that the Marshal has provided
any such place for the confinement of prison
ers. lfhe has not. it is to be, regretted that
this power was not exercised by the Marshal
under the direction Of the District Judge i'm
mediately on the passage of the act of the
Legislature of Massachusetts Of the oath of
March. l843, AM especially that il was not
exercised on the passage of the Fugitive Slave
Law of the last session, or when the attention
of the Marshal was afterwards particularly
drawn to that. Ii is true that the escape
from the Deputy Marshal in this case was
not owing to the want Of prison or place Of
confinement, but still it is not ensy to see how
The prisoner could have been safely and con-
seniently detained during an Adjournment Of
the hearing for some days without such place
of confinement If it shall appear that no
such place has been obtained, directions to
the Marshall viii be given to lose no time in
the discharged of this duty.
transmit to the Senate copy of procls-
nation issued by me on the 18th inst, in rela-
tion to those unexpected and deplorable oc-
currences in Boston, together with copies of
instructions from the Departments of War and
Navy, relative to the general subject, and al
50 copies Of telegraphic dispatches transmit
ted from the Department of State tot the Dist.
Atty. Of Massachusetts, and the their answers
thereto. In regard to the law branch of the.
inquiry made be the resolution ofthe Senate,
| have to observe that the Constitution de-
clares that the President shall take care that
the laws be faithfully executed, and that
he shall be commander-in-chief Of the Army
and Navy ofthe United States, and of the
States. when called into the actual service of the
United States. and that Congress shall have
power to provide for calling upon the militia TO
execute the laws of the Union, suppress insur-
rection and repel inYasions, from which it ag-
pears 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 or diminish the power
thus given, but by increasing or diminishing
or abolishing altogether the Army and Navy.
But not so with the militia. The President
cannot call out the militia into service, even
TO execute the laws or repel invasion but
by the authority of acts of Congress, passed
for that purpose. But when the militia are
called into service in the manner prescribed
by law, the Constitution itselfgives the COM
mand to the President Acting on this prin-
ciple, Congress, by the act of Feb. 2sIh 1895,
authorized the President to call forth the
militia to repel invasion and suppress insurrec-
tions against State Government, and to sup
press combination against the laws of the
United States, and cause the laws to be faith
fully executed, but the act proceeds to de-
clare that whenever il may be necessary in.
the judgement of the President to use the
military force, thereby directed to be called
forth, the President shall forthwith, by pro-
clamation, command such insurgents to dis
perse and retire peacefully TO their respective
abedes within limited time These words
are broad enough to require proclamation
in all cases where the militia are called under
that act, whether 10 repel invasion and sup
press insurrection, or to aid in executing the
laws. This section has consequently some
doubt whether the militia could be called
forth in executing the laws without a Procla-
mation. but yet the proclamation seems to be in
words directed only against insurgents. and to
require them to dispsrse, not only thereby
implying an insureeiion, but an organized or
at least an embodied force Such procla-
nation in aid Of the civil authority would often
defeat the whole object BY giving such notice
to person intended to be arrested that they
would be enable to secrete themselves. The
force may be wanted sometimes to make The
arrest, and also, soma atimes. to protect the
officer after il is made, and prevent a rescue.
s / would, therefore, suggest that this section
be modified, by declaring that nothing there
in contained, shall be constued TO REQUIRE any