Democratic standard. [volume] (Georgetown, Brown County, Ohio) 1837-1850, 1841-07-20

ed in the business Of bis mission 10 the
State Of New York, and 10 the place Of
the impending trial, at LokkpOrt. About
fSry days thereafter namely, on the 24th
day Of April, Mr.. Webster replies TO Mr..
FOx'S of the 18th ofMareh; elabo-
rately reviews the case Of McLeOd--jds-
titics the nsructiOBs-absolves the sub.
ject--and demands nothing from the sOY-
ere:gn who had assumed his'ofenee.
Thus, what had said on he evening
Oftbe 4th of March had come TO pass.
Underhanded springs had been set in
motion 10 release the man; a letter was
afterwards cooked up 10 Justify the act.
This, sir, is the narrative Of the case
1.-The history Of il down TO the point ct
which it now stands; and upon this ease
! propose 10 make some remarks, and, in
the first place, TO examine into the legal
iy and the propriety Of the mission in
which our Attorney General was employ
ed. / mean this as preliminary inQui.
ry. unconnected with The general quest
ion, and solely relating 10 the sending Of
our Attorney General into any State 10
Interfere in any bus ness in its courts
| believe this mission Of Mr.. CriltendeR
10 New York was illegal and improper
a violation Of our own statutes, and will
tssI it bV referring TO The law under which
The Office Of Attorney General was crea-
ted and the duties of the officer defined.
That law was PISSED in 1889, and is in
these words;
Sand there shall also be appointed
meet person, learned in the law, to act as
Attorney General Of the United States,
who shall be sworn, or affirmed, TO faith
ful execution Of his Office; whose duty
it shall be TO prosecute and cond uct all
suits 10 the Supreme Court in viii ch the
United States shall be concerned, and 10
give his advice and opinion upon quest
ions of law, when required BY the Presi-
dent of the United States or when re.
quested by any ofthe heads of the De-
Partments, touching any matters that may
concern their departments; and shall re-
ceive such compensation for bis service
as shall be by law provided"
Here, said Mr.. B. are the duties Of tho
Attorney General. He is subject TO no
orders whatever from the Secretary.
Of State. That Secretary has
nothing to do with him except 10 re-
quest this legal advice on matter which
his department.. Advice on
question of municipal law was doubtless
what was intended; but no advice of any
kind seems TO have been asked of thsAttor:
ney General. He seems TO have been
treated as the official subordinate of the
his clerk or messenger
and sent off with "inStrEctioRS" which
he was TO read and to execute. This was
an illegal assumption of authori.
ty over the Attorney General, an assump-
ton which the statute does not recognise.
In the next place, this officer is sent into
a State courtIo assist at the defence Of
a person on trial in that court Cor viola
lion of the State laws, and is directed 10
employ eminent and skillful couase for
him-to furnish him with evidence--to
suggest change of Venue-and 10 take
a writ of error to the Supreme Court Of
the United States, if the defence of the
prisoner be overruled by the State couFts
If brought TO the Supreme Court BY this
writ of error---a novel application of the
writ, il must be admitted--then the Al
torney General is1o appear 10 this Court
for the prisoner, not TO prosecute him in
the name of the United Srates, but To-
dismiss The writ Now it is very clear
that all lhisEis foreign to the duty of theAt.
torney GeneFal-fOreign TO bis ofics-
and injurious 10 the State or
New York-incOmpatble with heE JUDI
cial independence-and tending 10 bring
the General Government and the State
Government into collision. Mcleod, 4
foreigner, IS under prosecution in State
court for the murder Of its cItizensi the
Importance of the case has induced the
Governor of the State, as he has official
lv informed its Legislature, 70 direct the
Attorney General Of the State to repair
20 the spot, aud 10 prosecute the prison.
er: and here is The Attorney General of
the Unned States sent TO the same place
to defend the same person against the
Attorney General of the State! The adj
mouition to Mr.. Criitenden, that he
was not desired 10 act Us counsel him.
self, was an admission that he ought not
so TO act ;that all he was doing was Illegal
and mproper-and that he should not
carry the improperly SO far as TO make il
public by making speech. He was to
oppose the State without publicly appear
ing to do so, and, as for his duty in the
Supreme Court of The United Stains, he
was to violate that outright, by acting fot
the accused. instead of prosecuting for
the United States! From all this ! bold
il 10 be clear, that our Attorney General
has been illegally and improperly employ
ed IN this business; and that all that he
has done, and all the expense that be
has incurred, and the fee be may have
promised, are not only without Law but
against law; and that the rights oftha