Where any State or States, having complied with the recommendation of
Congress in the resolution of the 23d day of September, 1789, shall have
withdrawn, or shall hereafter withdraw, either in whole or in part, the
use of their jails for prisoners committed under the authority of the
United States, the marshal in such State or States, under the direction
of the judge of the district, shall be, and hereby is, authorized and
required 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.
These various provisions of the law remain unrepealed.
By the law of Massachusetts, as that law stood before the act of the
legislature of that State of the 24th of March, 1843, the common jails
in the respective counties were to be used for the detention of any
persons detained or committed by the authority of the courts of the
United States, as well as by the courts and magistrates of the State.
But these provisions were abrogated and repealed by the act of the
legislature of Massachusetts of the 24th of March, 1843.