Evening star. [volume] (Washington, D.C.) 1854-1972, 1862-02-25
The Case of Marshal Lamon.

In consequence Of frequent visits TO the jail,
and the interrogation Of prisoners by unauthor-
lied persons, whose objects were unknown, the
Marshal found 1t necessary to regulate the ad-
mission Of visiters to that institution by an order
prescribing the terms thereof
Exclusively responsible under the law for the
safe keeping of the prisoners, and vested with
the exclusive control Of the jail, It would have
been no unreasonable exercise Of power-indeed
1t would have been only prudent vigilance, to
require all persons seeking admission TO the fail
to obtain permission of the Marshal himself But
as some Senators and members Of Congress, either
in the pursuit Of information, or in the exercise
of what they deemed an enlarged philanthrophy
had, from time to time, evinced desire to make
themselves acquainted with the condition of the
prison and It's inmates, IL was deemed desirable
TO place the facilities for their admission upon
the most liberal terms compatible with the pub.
lie Interests and the proper government Of the in
stitution.
This, however, was simply an act of courtesy
and respect to the members of the National Legis-
lature-not matter of right. Although Congress
has exclusive legislative power within the Dis
trct Of Columbia, II is not true that any personal
privilege attaches to the members of either house
Of Congress to visit the Jail, which is solely com.
United to the charge Of the marshal. A member
Of Congress has no more lawful right to walk
into the prison and hold intercourse with the
prisoners, than any private citizen. Blythe act of
Congress of February 81 1901, Ii is provided that
the marshal Of the District shall have the custody
of the jail, and shall be accountable for the safe
keeping OF all prisoners Between his desire to
be courteous to Senators and Representatives and
his discrimination TO do his duty, the marshal
found himself somewhat embarrassed. These
are revolutionary times. In the midst Of a civil
war of fearful proportions, treason was alleged to
have had it's adherents in every department of
the Government, and spies and traitors Were
being discovered every day, even among high
public funCtionaries, under the guise OF loyal
Arrests sometimes mad a
prisoners of State, well as fugitive slaves and
persons charged with ordinary crimes were COM
United to the marshal's custody, and confined in
the District jail.
Senators and Members Of Congress, not being
Invested with personal privilege to visit the
Jail, neither the Marshal nor his deputies
although wishing to extend to them all proper
courtesy, could ascertain who among them mis- hit
safely be trusted with the entree to the institu-
ton and unrestricted intercourse Wi III the prison.
ers, whether negroes, thieves, spies or traitors
seat In the Senate or House Of Representatives
Is not conclusive evidence OF the incumbent's
loyalty, so that he NAV uiTtats ODicii, enter the
District prison and hold free communication with
whoever may be found there. The vacant seats
In either house, the sent xpulsiOn Of one Sen.
ator, the proposed expulsion OF another the
Migrant suspicious Of the loyalty Of Others abun-
dainty show this fact Not knowing how to re-
solve so delicate matter, nor willing to sit in
judgment upon the loyalty of honorable Senators
and Representatives. yet anxious TO be courteous
to the extreme of official duty the Marshal shrunk
fTom the exercise Of power so insidious, vet go
necessary. He deemed 1t respectable the Senate
and House Of Representatives, ard highly appro-
PIRATE as well as convenient, 10 remi. this power
20 the presiding officers Ofthose bodies respective
ly. Not dreaming of or intending offence either
Ia the substance OF the act or the manner in which
II was done, but on Ghe contrary stretching his
official duty to It's utmost limits TO extend q cour-
tesy 10 Senators and Representatives, and making
known HIS arrangements in terms Of studied re-
spect, he transmitted to the two Houses of Con-
gresS the following communication
UNITED STATES MARsHLL's OFFICE,
washington. ID Jan. ID, 1852 !
To the Hon H'ntJdl HsmIin,
President Of the United States Senate:
SIR: Applications are frequently made by i'm
proper persons for admission into the public Jail
Of Washington county as visitors, and the neces-
sity OF excluding ali persons as visitors without
pass has sometimes Occasioned Inconvenience To
officers of the Government who have desired such
admission. BY he act Of 27tb February 1901 Ii
is provided that the Marshal Of the District shall
have the custody of the jail, and shall be &C
countabe for the ssfe-keeping OF all prisoners
legally committed therein; and IN the exercise OF
these duties have deemed Il proper, both for the
security OF the prisoners and the convenience Of
those who may desire to inspect the jail, TO make
the following regulations, which are respectfully
subn tied to the Senate, viz:
First The President Of the United States and
the members Of the Cabinet.
Second The Judges OF the Supreme Court and
Judges Of other courts of record in the District Of
Columbia
Third The President of the Senate and Speaker
of the House Of Representatives. shall be admitted
at their pleasure.
Fourth Members Of the Senate OF the United
States shall be admitted upon pass In writing
signed by the President Of the Senate of the Uni
ted States.
tives Of the United States shall be admitted upon
written pass signed by the Speaker Of the House
of Representatives.
Sixth. All persons except the above. named
h.ll ha aAr tod l,tr0 ,tnsn
from the Marshal Of the District Of Columbia, and
not otherwise.
Seventh. The public jailor shall keep record
Of the names (and the date of admission) of all
visitors into the jail.
would respectfully ask that these regulations
be made known to the honorable Senate Of the
United States.
have the honor to be your obsdlent servant,
U. s. Marshal for District of Columbia
Upon the receipt Of the foregoing communi-
cation the House OF Representatives referred II to
t one o. ms hsS who promptly reported
indisputable right to do. But in the Senate the
Marshal was bitterly denounced, and charged
with grossly offensive conduct. The Senate, upon
motion OF Senator Hale, without hearing, con-
demned the Marshal and passed the following
resolution without dissenting voice:
"ReSOLred, That Ward IL. Lamon, Marshal Of
the District Of Columbia, by a recent order as
communicated 10 the Senate on the I4th OF Jam
without pass from admission to the Jail In the
city Of Washington, which is subjected to tn.
exclusive jurisdiction Of Congress- has been
guilty Of breach Of the privileges Of the men,
bcrs Of this Senate, and of d contempt of the
rightful authority Of this body, ana that the
Secretary of the Senate be directed to communal
cate copy of this resolution to the President Of
the United Statesn
Since the passage of this resolution censures
have been cast on the President of the United
States, in debate in the Senate for not having re-
moved the Marshal. A bill has been passed by
that body removing the district Jail from under
his custody; and one Senator has declared bis
readiness to abolish the office Of Marshal, and
then vote Immediately TO reestab lish it. for the
purpose Of removing the present Marshal from
office, and compelling the Executive to present
another who Will be acceptable TO them. This
action was taken without afording to the person
accused an opportunity to be heard. 1t was done
avowedlY as rebuke to the Marshal and to the
Executive who appointed and retains him in
office.
The Senate Of the United States Is a branch of
the appointing power Ii Is the high court OF
the United States for the trial Of impeac hment,
Upon charge properly made, II haI the power
TO convict the Marshal and TO subject him 70 the
judicial punishment OF impeac hment-removal
from office. But acting upon the suggestion of
Senators who opposed mis- confirmation and ap.
pointment, that body, without any formal i'm
Deac lmelt. has In q byPath yccuspd md -