Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1851-02-24
PREsTpENT,s nIEssAGE.

have received a resolution from the Senate, re-
questing tOlay before that body any information
may possess regard to the alleged recent case OF
iorcbe resistance the execution of the laws OF the
United States ia the city of Boston, ard 10 commu-
nicate TO the Senate what means have adopted TO
meet the occurrence and whether in yopinlon any
additional Legislation is necessary to meet the ext
gency of the case, and more vigorously to execute
| the existing law. Tue public newspapers contain
affidavit of Patrick Riley, deputy Marshal for the
District Of Mass setting forth the circumstances of
the case, copy Of which affidavit is herewith COM
muncated. Private unofficial communications con-
cur In establishing the main facts of this account but
no satisfactory SfciaI information has as yet been
received, and insome important respects the accu-
racy of the account has been denied by persons
whom it implicates. Nothing could be more unex
peced than such gross violation OF the law-such
high handed coaempt of the authority of the United
States, perpetraed by band of lawless confeder-
ates in the city of Boston, and in the very temple Of
Justice IregaFd this lagtous proceeding as being
a surprise not Unattended by SOME degree OF negI
gence, do doubt that if any such of violence
had been apprehnded thousands of good citizens of
Boston would haze presented themselves promptly
and voluntarily 10 prevent it. But their dangers does
not seem thoroughly made known and duly appIeci-
ated by those WHIP were concerned In the execution
of the process in community distinguished for its
love of order and respect for the laws. Among peo-
pie whose sentiment is liberty and law, and not lib
erty without law Or above the law,-such an out
rage could only be the result of sudden violence,
happily too much unprepared to be successfully re-
sisted.
1t would be melancholy indeed if we obliged
to regard this outbreak against the Constitution and
legal authority of the Government as proceeding
from the general feeling of the people on the spot
which is powerfully called the cradle of American
liberty. Such undoubtedly is not the fact. 1t vio-
lates without question the general sentiment of the
people of Boston and the vast majority of the whole
people of Massachusetts, as much it violates the
law and defes the authority of government. and dis
graces those concerned nit their alders and abetors
1t Is nevertheless my duty to lay before the Senate
in answer to It's resolution some important facts and
considerations connected with the subject. Reso-
luton Of Congress of Sept. %, 1889, declared that
it be recommended to the legislatures of the States
to pass laws making it expressly the duties of keep
ers of their jails TO receive into safe keeping all
prisoners committed under al thority of the United
States until they shall be discharged by the due
course of laws thereof under the like penalties as in
case OF prisoners committed under the authority Of
such states respectively The United States to pay
for the use and keeping of such ais at the rates per
month for each prisoner that shall be under their au.
thority, and be committed thereto during the time
that such prisoners shall be therein confined and al
to support such OF the said prisoners as shall be
committed for offence. A further resolution of Con
gress passed March Srd, 1891, provides that where
as Congress did by lpton on the 23d Sept 1889
recommend to the several States to pass laws maxi
Ing expressly the duty of keepers Of as TO receive
and safely keep therein all PT!sdqgers committed I'M.
therefore 10 insure the administration of Justice il
was resolved by the Senate and House of Represep-
tatves of the United States of America in Congress
assembled, that in case any State shall not have
complied with the same under the direction of the
Jodge or District Court, he be authorized to hire
convenient place to serve as temporary ias and TO
make the necessary provision for the safe keeping of
prisoners committed under the authority of the Uni
ted States, until permanent provision BY the law for
that purpose; and the said Marshal shall be allowed
reasonable expenses incurred for the above purposes
TO be paid out of the United States treasury; and
resolution OF Congress, of March 3D. 1921 provides
that when any State States having complied with
the recommendation of Congress IN the resolution of
23d day of Sept. l7s9-have Withdrawn wholly or
IN part the use ofthei ails for prisoners committed
under the authority of the Marshal in such State or
states, under the direction of the Judge of the dis
trlct, shall be and hereby is authorised and
required to hire convenient place to serve as tenn
porary jail and to make the necessary provisions for
the sale keeping ofprisoners committed under the
authority OF the U. S. Marshal
Permanent provisions shall be made by law for
that purpose and the said Marshal shall be allowed
MS reasonable expenses incurred for the above pur
poses, TO be paid out of the u s. Treasury. The
various provisions of the law of Massachusetts as
mat stood before the act of the legislature of that
State OF the 4th Of March, I843-common tails in
the respective counties were to be used for the de-
tenuon ofany persons detained by the authority of
the court of the United States as well as by the
courts and magistrates of that State bu these nro
VISIONS were abrogated and repealed by the act of
legislature on the oath March, IS43. The act de-
clared that the Judge of any record and that n n
Judge OF this Commonwealth and no Justice of the
peace shall hereafter take cognizance or grant cer-
tihcate IN cases that may arise under the third sec
tlon OF an act OF Congress passed Feb H. 1893. and
ehltieo an act respecting these fugiyes from Justice
ana persons escaping from The service of their mas
ter to any person who claims any other person az -
fugitive slave within the jurisdiction the Con mon
wealth, and 1t farther declares that no sheriff denutv
sher' coroner, constable ailer or other officer of
'ns commonwealth shall hereafter arrest, or detan
or and IN the arrest detention or Imprisonment in
any Jail or other building belonging TO this Common
wealth., or TO any county, city or town thereof Of
any prisoner for the reason that his claim as foi
1--WE slave, and 1t further declares that any Justice of
'e peace, sterif, coroner, constable or iaier who
snail offend against the provisions of this law nv in
any way acting directly indirectly under the now.
er conferred under the third section of tho sc, or
aforementioned, shall forfeit sum NOT erceod;na
one Thousand dollars for every such offence for the
ease OF tne county where said offence is committed
Or shaii be subjected to Imprisonment one wear in he
county jail. ''' ~ '''e
ms law ~ is obvious, had two objects. The Gry,
~ i"INe ~ penal offence on all officers and magis
aes OIL inc commonwealth to exercise the mowers con.
ieffed on them by the Of Congress- of the IoL -
reoruay I193, entitled can act resnccring G,a,;oa
rom justice, and persons escaping from the sery;c ~
.f i masters and which powers they were iuy com.