Herald of the times. [volume] (Newport, R.I.) 1849-1856, 1851-02-27
PRESIDENTS y FSSAGE.

l
in Boston, by mob.
\ EXECUTIVE DEPARTMENT, Feb. l9, 1851
Il To the Snats IF the United States :
II have received the resolution OF the
Senate OF the 18Th inst, requesting
me g. lay before tnat body. If not incom-
pa,i''le with The public interest. any ir-
formation ! may possess. in regard 10
an alleged recent case Of IA iorciOle re-
sis'ance 10 the execution of the laws
\ oi the Uni,ed States in the city d Ros-
II ton and 10 communicate 10 the Senate,
under the above condition, what mean.
II ! have adopted TO meet the occurrence,
and whether in ny opin on, any addii-
lonal legislation is necessary 10 meet
the eAigency of the case, and 10 more
vigorously execute existing laws. The
II public newspapers contain an aifidav {
OF Patrick kiley, Deputy MARSHAL for
/ the District Of Massachusetts. setting
Il forth the circumstances Of The case.
Il copy OF which affidavit is herewith com
muncated Private and unofficial com
munications concur in establishing the
/ main facts OF this account /; but no sat
isiactory official Information has as Yet
been received, AID in some important
respects the accuracy OF the accounts
has been denied by persons whom il i'm
\ plicates. Nothing could be more unex-
! Herted than that such gross violation
| OF law, such high.handed contempt Of
the authority OF the United States should
be perpetrated by a band OF awess con-
federates al noon day, in the city Of Bos-
ton and in the very Temple Of Justice.
| regard this flagitious proceeding rs
being surprise, not unattended by
some degree Of negligence, nor do
doubt that fany such act Of violence
had been apprehended, thousands Of the
| good citizens Of Boston would have pre-
sented themselves voluntarily and
promptly toprevent il; but the danger
does not seem 10 have been timely made
known or duly appreciated by those
who were concerned in the execution Of
the process in n community distinguished
for It's love Of order and respect for the
laws-among n People whose sentiment
is Liberty aud Law, and not Liberty
without Law nor above the Law. Such
an outrage could only he the result Of
sudden violence, unhappily too much un-
prepared for 10 be successfully resisted
Ii would be melancholy, indeed. if We
were obliged TO regard this outbreak
against the constitutional and legal au-
ihorliy OF the Government us proct ted-
ing from the general feeling OF the peo-
pie on spot watch is proverbiaIly call
ed the Cradle OF American Liberty
Such, undoubtedly is not the fact it
violates without question, the general
IN me NJ - -.
vast majority Of The whole people OF
Massachusetts, asmrch as il violates
the la~, deies the authority Of the t;ov-
ernment and disgraces those concerned
IN It, their aiders and abettors. 1t is,
nevertheless, my duty 10 lay before the
Senate, IN answer 10 lis resolution. some
important facts and considerations con
necled with the bieci. A resolution
oil Congress oi September %, 1889. de-
clared that It be recommended 10 the
legislatures Of the several States 10 pass
laws making expressly the duly OF the
Keepers ol their jails, ~ receive and safe
keep therein, all prisoners committed un-
der the authority ot the United States,
until they shall be discharged by due
course Of tie laws thereof under the
AihS fNAIulllSH, th III 'ilC fitt VI lbDU-
ers committed under the authority Of
such States, respectively, the United
States 10 pay iOT the use and keeping OF
such lails at the rate of 50 ceuts per
month ior each prisoner that shall, un- |
der tn cir authority be committed there. !
TO, during the time such prisoners shall
be therein confined and also TO support J
such Of said prisoners as shall be com
m.ued for offences. A further resou. !
tion Of Congress, Of the Sd OF March |
1891, provides that,
Whereas, Congress did, by a resolu-
ton OF the - day OF September, 1856,
recommend 10 the several States 10
pass laws, making i expressly the duty /
OF their keepers Of their jails, TO receive |
and safe keep therein, all prisoners CON-
mtted under the authority Of the Uuil- 1
ed States, in order therefore 10 insure |
the Administration Of justice.
Rssotred by The Sc ate and House Of |
Reprsl en,dfireS ot the United SAFES of |
America IN Congress assembled, That 1
ia case any Stale shall not have com-
Piled with the said recomme ndaiion. the |
Marshal in such State, under the direc-
ton Of the Judge ot The District, be au
lhorized to hire a convenient place, 10
serve as temporary Jail. aud to make !
the necessary provision for the safe
keei ing Of prisoners committed under
the authority OF the United States. until I
permanent provision shall he made by |
law Tor that purpose aud the said Mar
shal shall be allowed his reasonable ex-
pensss incurred for the above purp, ses.
to be paid out Of the Treasury Of the
United States. And d Resolution of |
Congress, OF March 3D. 1921, provides
that where any State or States, having |
complied with The recommendation OF Il
Congress in the Resolution of the 23d |
day Of September. 1859, shall have
Withdrawn or shall hereafter Withdraw.
either in whole or in part, the use OF
tne!r Julls Tor prisoners committed uE-
der the authority OF the United States,
The Marshal, IN such State or States,
under the direction Vi the Judge oi the
District, shall be anu is hereby author-
Ized and required To hlre convenient Il
place. to serve as temporary Jail, and Il
10 make tho necessary provision for the i
sale heeplng oil prisoners Committed un-
der the auth rity Of the United States,
until permanent provision shall be
made for said purpose and the said Il
Marshal shall be allowed his reasona- II
bic expenses incurred Tor the above II
purposes, 10 be paid out oithe Treasury h
OF The United States. These various
provisions OF law remain unrepea!ed by H
the law OF Massachusetts, as that law II
stood before tie Act OF the Legislature