[Footnote 9: Relating to the seizure of the British ship _Albion_.]
EXECUTIVE DEPARTMENT, _February 19, 1851_.
_To the Senate of the United States_:
I have received the resolution of the Senate of the 18th instant,
requesting me to lay before that body, if not incompatible with the
public interest, any information I may possess in regard to an alleged
recent case of a forcible resistance to the execution of the laws of the
United States in the city of Boston, and to communicate to the Senate,
under the above conditions, what means I have adopted to meet the
occurrence, and whether in my opinion any additional legislation is
necessary to meet the exigency of the case and to more vigorously
execute existing laws.
The public newspapers contain an affidavit of Patrick Riley, a
deputy marshal for the district of Massachusetts, setting forth the
circumstances of the case, a copy of which affidavit is herewith
communicated. Private and unofficial communications concur in
establishing the main facts of this account, but no satisfactory
official information has as yet been received; and in some important
respects the accuracy of the account has been denied by persons whom it
implicates. Nothing could be more unexpected than that such a gross
violation of law, such a high-handed contempt of the authority of the
United States, should be perpetrated by a band of lawless confederates
at noonday in the city of Boston, and in the very temple of justice. I
regard this flagitious proceeding as being a surprise not unattended by
some degree of negligence; nor do I doubt that if any such act of
violence had been apprehended thousands of the good citizens of Boston
would have presented themselves voluntarily and promptly to prevent it.
But the danger does not seem to have been timely made known or duly
appreciated by those who were concerned in the execution of the process.
In a community distinguished for its love of order and respect for the
laws, among a people whose sentiment is liberty and law, and not liberty
without law nor above the law, such an outrage could only be the result
of sudden violence, unhappily too much unprepared for to be successfully
resisted. It would be melancholy indeed if we were obliged to regard
this outbreak against the constitutional and legal authority of the
Government as proceeding from the general feeling of the people in a
spot which is proverbially called "the Cradle of American Liberty."
Such, undoubtedly, is not the fact. It violates without question the
general sentiment of the people of Boston and of a vast majority of the
whole people of Massachusetts, as much as it violates the law, defies
the authority of the Government, and disgraces those concerned in it,
their aiders and abettors.
It is, nevertheless, my duty to lay before the Senate, in answer to its
resolution, some important facts and considerations connected with the
subject.
A resolution of Congress of September 23, 1789, declared:
That it be recommended to the legislatures of the several States to
pass laws making it expressly the duty of the keepers of their jails
to receive and safe keep therein all prisoners committed under the
authority of the United States until they shall be discharged by the
course of the laws thereof, under the like penalties as in the case of
prisoners committed under the authority of such States respectively;
the United States to pay for the use and keeping of such jails at the
rate of 50 cents per month for each prisoner that shall, under their
authority, be committed thereto during the time such prisoner shall be
therein confined, and also to support such of said prisoners as shall
be committed for offenses.
A further resolution of Congress, of the 3d of March, 1791, provides
that--
Whereas Congress did, by a resolution of the 23d day of September, 1789,
recommend to the several States to pass laws making it expressly the
duty of the keepers of their jails to receive and safe keep therein all
prisoners committed under the authority of the United States: In order,
therefore, to insure the administration of justice--
_Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled_, That in case any State shall
not have complied with the said recommendation the marshal in such
State, under the direction of the judge of the district, be authorized
to hire a convenient place to serve as a temporary jail, and to make the
necessary provision for the safe-keeping of prisoners committed under
the authority of the United States until permanent provision shall be
made by law for that purpose; and the said marshal shall be allowed his
reasonable expenses incurred for the above purposes, to be paid out of
the Treasury of the United States.