That Charles Devens, Jr., Esq., the U. S. marshal for this district, was at the time of the arrest, returning from Washington, where he had gone on imperative official business,—that it is proper to state here that neither the marshal nor his deputy is authorized by law to employ a permanent force sufficient to resist a mob; and that he has no authority to call to his aid the troops of the state or of the United States.
P. RILEY,
U. S. Deputy Marshal, Massachusetts District.
Commonwealth of Massachusetts, Suffolk County, February 17, 1851.—Then personally appeared the above named Patrick Riley, and duly swore that the foregoing deposition by him subscribed is true, as to facts stated to be in his personal knowledge,—and that he believes that the statements therein given as made to him by others are true.
HORATIO WOODMAN, Justice of the Peace.
After the reading of the above return, Samuel E. Sewall, Esq., protested against placing the whole of the last named affidavit on file, as a part of the return, inasmuch as it purported to narrate facts which took place previous to the last hearing, and the order thereon.
The Commissioner inquired of Mr. Sewall, for whom he appeared. Answer, "For the alleged fugitive, called Shadrach."
The Commissioner,—"You cannot appear for a person who has avoided process."