United States Statutes at Large/Volume 1/1st Congress/3rd Session/Resolution 5
Marshal to hire temporary jails in states that have not complied with the former resolution of Congress.V.Whereas Congress did, by a resolution of the twenty-third day of September, one thousand seven hundred and eighty-nine, 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.
Approved, March 3, 1791.