Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1820-02-16
ATTORNEY GENEK4L's orp,cv

connected Herewith.
Office Of the Attorney General
" the U. States, SD Feb. 1880. 7
SIR: The order Of the House of Re-.
representatives. Of the United States, oF
the 28th Januaty last, =" that the pet
ton Of Joseph Wheaton, and the accom-.
panying documents, together with the
report OF the Committee of Claims, Of
the 9th January, inst. thereon be refer.
red to the Attorney General of the L,
States, and he be requested to report
his opinion thereupon to this House"
was handed me by Major Wheaton,
( he petitioner), this evening, together
with the documents, which are now re.
turned.
The duties of the Attorney Generals
ONCE are specified by our laws, and
are confined to the following heads:
/. 80 To prosecute and conduct all
suits, in the Supreme Court, in
which the United States shall be
concerned.
9. "To give his advice and opinion,
upon questions Of law, when requi-
red by the President of the United
States, or when requesed by the
head, of any of the departments,
touching any matters that may
concern their departments.
s. "To discharge the duties of
Commissioner of the Sinking
Fund.-"
The Attorney General is sworn to
discharge the duties of his office accord.
ing to law. To be instrumental in en-
largiug tho sphere of his official duties
beyond that which is prescribed by law,
would in my opinion, be Violation Of
this oath. Under this impression,
have, with great care perused all tie
documents which have been handed to
me in this case, for the purpose of as
whether the order, with
which | have been honored, from the
House Of Representatives. falls under
either head of my official duties: and
it appears to me that il does not. A
reference to the law will show, think,
that this is indisputably clear.
had The honor to intimate this i'm
preston, in answer to the case of Maj
l homas, referred to me, officially, by
the House of REPRESENTATIVES, in the
session of 1883, in the hope that, if
il VAS thought auy IsaGie to conseCt the
Attorney General with the House Of
!, representatives., in that character If
legal counsellor which he holds, by the
existing law, towards the President
and heads Of departments a provision
" Guild be made by law for that pur-
pose. No such provision having been
made, and believing, as do, that, in
a go> eminent purely of laws, it would
be intellectually dangerous to permit an
officer to act, under color Of his office,
beyond the pale IF the law, l trust that
shall be excused from making any OF.
fetal report on the order with which
the House has honored me. 1t is trua
that, in this, should have the sanction
Of the house for the measure, and it IS
not less true that my respect for the
house impels me strongly to obey tls
order. The precedent, however, would
not be the less dangerous on accounted
the purity OF the motives in which Is
The maxim is as old, az
east, as Republican Rome, that oaaae
mala e1enpta ec bons orta SRnt. on
his ground, ! hope to be excused "
he House Of Representatives for de-
lining their request; and Iassure YOU
'ir, that it gives ME more pain topp,,
hus obliged TO decline it, than il wcUlu
give Inc trouble to make tho rcPon'
,ut in conflict between my wlsns'
and my sense of duty, there ought 10
be no question which | should obey.
may be wrong in my view OF ''S
,ubjtct; the order may be sanctIoOeo
~ former precedents but my prece,
g sors in Office have left nothing lO'
ny guidance, and | am consfralneu'
therefore, to act On my own constru'
ion of the law as it stands. Fl
have the honor to be, sir, very"
,ectfuHy ysur sbedient servant
WILLIAM WIKI