The Ohio Democrat. [volume] (Canal Dover, Ohio) 1840-1900, 1841-07-15
I've Chef Justice of the State

prisoners COUNCIL WIN INC eNluecCe OF
which you will be In possession, material 10
his defence. You will see that he have
skilfu and emiOent cOunsIl, If such be not ale
ready retained; and although you are not
desired to act as counsel yourself, you will
cause il TO be signified to him, and TO the
gentlemen who may conduct his defence,
that tits the wish oflhis Government thAi,i in
case his defence be overruled by the court
IN which he may be tried, proper steps be
taken Immediately for removing the case,
by writ of error, to the Supreme Court Of
the United States.
"The President hopes that you will use
such despatch as to make your arrival at
the place oftral sure before the trial comes
on; and he trusts you will keep him nfor-
med Of whatever occurs by means Of corr
rcspondence through this Department."
A copy Of these Instructions, as have said,
were delivered to Mr.. Fox at the time they
were written. At the same moment they
delivered TO the new Attorney General Mr..
Criuenden, who thus equipt with wri!an di"
rections for his guide, and accompanied by on
officer Of high rank in the United States army,
Major General Scott, Immediately proceed
ed in the BUSINESS Of his mission TO the State
Of New York, and 10 the place Of impending
trial, at Lockpon. About forty days thereal-
ter, namely on the 24th April, Mr.. Webster
replies to Mr.. Fox's letter; elabornteIy reviews
the case ofMcLeod-justi6es the instructions
-absolves the su5ject--and demands nothing
from The sovereign who assumes his offence.
Thus, what had said on the evening The
4th of March had come to pass. Underhan-
ded springs had been put in motion 10 release
The man; letter was afterua ards cooked up 10
justify The act.
This, sir, is the narrative Of the case--lhe
history Of it down 10 the point al which il
now stands; and upon this case propose 10
make some remarks, and, in the fret place to
examine into the legality and the propriely.
of the mission in which our Attorney General
was employed. mean this as a preliminary
inquiry, uDcOnnected with the general ques-
tion, and solely relating to the sending Of our
Attorney Generallnto any State to interfere
10 any business 10 its courts. believe this
mission Of Mr.. Crllienden to New York vas
illegal ond improper--a violation of Our own
s,a,utes,and williest it by referring TO the law
| under which bic duties are defined. That law
! was passed in 1889, and 10 in these words:
person, learned in Ihe law, 10 act az Altor-
ney General Of tie United States. who
shall he sworn, or affirmed, to faithful exc
cuiIun OF his Office; whose duty il shall be to
prosecute and conduct all suits in The Su.
preme Court IN wh lch lbe u. States shall
be concerned, and to give his advice and o.
pinion upon questions Of law. when required
by the President of The u. States, or
when requested by any ofthe heads Of the
Departments, touching any matters that
may concern their departments; and shall
receive such compensation for his services
as shall be BY law provided"
Here, said NJ B., are the duties Of tie
Attorney General. He is subject TO no or
ders whatever from The St cre,ary has nothing
10 do with him except to reques: his legal ad.
vice On matter when ConCerns his Depart
ment. Advice on question Of municipal
law was doubtless what was Intended; but no
advice Of any kind seems to have beeu asked
of tho Attorney General. lie seems to have
boeu treated as the ticial subordinate of the
Secretary his clerk or messenger-- and
sent oil with instructions which he waste read
y execute, TINS was certainly an Il egal as
sumption of authority over the Attorney Gen.
erai, an assumption which the statue does not
n cognIze. 10 The next place, this officer is sent
INTO Stale court 10 assist al the defence Of
person on trial in that court for a violation of
the Slate laws, and is directed TO employ en-.
inent and skiIful cOuns for hm"- 10 furnish
him with eyIdeDce->lo suggest u change Of
Venue--And 10 take a writ Of eTIur 10 the ISu-
preme Court the United States, if the de-
fence Of the prisoner be oVerlulled by the
Slate court. If brought to the Supreme Court
by this writ Of etror-a novel application Of
the writ, umust be admited-lhen the Attor-
ney General is to appear in this court for the
prisoner, nGt 10 prosecute hun iu the name of
The United Sales, but 10 dismiss the writ.
Now, II is very clear that all this IS foreign to,
ihe duty The Attorney Genera-foreiga to
his oIllce-disrespec aud injurious to the
Stale Of New York--incompatabs with her
judicial independence tending to bring
the General Government and the Slate GoY-
ernunent into collision. Mcleod, a foreigner
lsunder prosecution in State Court for The
murder OF its citizens; the importance Of tho
case has induced the Governor Of the State,
as ho has officially informed its Legislature,
to direct the Attorney General Of the State 10
repair to The spot, and 10 prosecute the prisons
or in person; and here is the Attorney Gens-
raj of tho United States sent TO the Same place
to defend the same person against the Attor"
ney General Of the Staiel The Admonilion TO
Mr.. Critlenden, that he was not desired TO