1. the united states government has always endeavored to continue, as it commenced, to rule with vigor, and to preserve[578] a wholesome respect for its own authority and the rights of all its citizens, while it has, beyond all other governments, probably, that have ever existed sought to avoid arbitrariness and severity; keeping in mind the principle lying at the foundation of its institutions that it exists, not for itself, but for the good of the people. it has assumed that the people generally would not require coercion to submit to its regulations, and has not, therefore, made that ample provision for punishment and intimidation that is usual among governments.

in confirmation of this we call attention to the fact that the general government does not own, and has never built, prisons for the confinement of offenders against its laws. imprisonment, as the mildest form of punishment, has, indeed, very often been inflicted, more often than any other form of punishment. how does this occur when they own no prisons? the answer is that they use the prisons of the states wherever they will allow it. this arrangement between the general and state governments has been made in nearly if not all the states; the united states paying for the support of their prisoners.

2. but in case any state should refuse to make such an agreement, the united states marshal of any district where a prisoner is to be confined, is authorized to procure some building where the prisoners may be safely confined in the district where they have been tried and convicted, or where they have been arrested and are held for trial.

this is a far more economical plan than it would be for the united states to build prisons all over the country, and then to employ keepers of them. it exemplifies the friendly relations existing between the states and the general government.