Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-12-10
TUESDAY MORNING, DECEMBER 10, 1855

ancr, actual threatened. II Il process OF novel
character and there Is sound lawyer in This country who
Will not tell you that it required dciheraon and careful in
Iay, TO ascertain what degree Of force the MaFsnl might
lawfully in its execution if II be considered
civil process issued in the interest Of private nd
riua the Marshals and duties might be in
pcc3 different from what they would be il should be con-
sdered public process in The execution I'll which the
United States had dirrc, interest Clearly, therefore, it
was the Marslas igbt and duty be advised UIo these
points.
Tie Marshal applied for such advice TO my brother Mr.
D. X. Curtis and stated in writing two questions, relating
10 The degree Of force which hr might lawfully Us III the
service o this process. Mr. Curtis happened TO he the
Nor counsel side o the then trial in lhc Cir
cult Court and could give immediate r sonn acno,.
10 the Marshas application Al hi. request however de-
voted al once good deal o time Tho necessary instst
gaon oi The subject and hc wus released from
the court house and on the evening conferred to-
getcr about IT, In the course Of that conference my bro
her suggested tat, although the present had been
Issued out OF the circuit court yet, would bc very
likely 10 arise OF warrant issued by Conmssinn,r and us
he Marshal had determined 10 take opinion would be-
well that he should hc advised ol the validity OF Commits
soncrs warrant which wond open the question Of the
stiuonaltv of the law This the important,
great pains had been taken in this neghbohood 10 make
peor. believe that the law unconstitutional far il
gave jurisdiction 10 the Commissioners This suggestion
communicated 10 the arsiu ind he thcrcupon added 10
hs former que sons the Counsel question Concerning
tnc validity of Commissioners warrant
Mr.. CGtiss opinion prepared aud il elaborate
opinion all the questions submitted him by the Mar
shall defining his and duties in the execution OF ihr
process which had actually been issued and aso odstnng
the validity oi Commissioners warrant, whc! insight br
rlacrd in his hands for service.
AT the request Of those who had right 10 request il, the
aIs part Of Mr. Crliss opinion in whirh he discussed The
consu,iunay o tho law, published; bu, for obvious
reasons The Marshal did III 10 publish the world
that part Of the opinion which defines his powers rights and
duties In the actual execution Of warrant fug
live slave In consequence Of the publication Of part OF
tho opinion only the Marsas position and motives have
been entirely misunderstood He raised any question
10 The constutionaty Of The aw but that question oi
necessity had be considered and discussed in order o
The Narsas qucstion whether his powers rights
duties would be in any respect different Under warrant
issued by Commissioner 10 what they when issued by
Court. No lawyer and layman Who understands the
point will doubt that proper for the Marshal 10 be nd
yis=i on his question.
cannot close th. letter without saying that, for long
Of years. have been familiar win The administration
of the laws Of the United States and the working o the n
dcal department Of tho Federal goyernmrn and that, in
my opinion, there is great deal of legislation needed 10
make The General Government independent OF State
troll and independen, of the power Of mobs whenever nnd
wherever lis chance 10 be unpopular The United
States have jnls and The law of this Commonwealth for
bids the OF its jls of the purpose o holding fugitive
slaves. Even Geian ordinary criminals witnesses on-
ge be incarcerated the L. States entirely dependent
The courtesy Of the States and have the OF tile
Stale ails taken from them any time when il suits the
price Of Stale Withdraw it, In my opinion, the Of
flee o the United States Marshal is BY organised
and fortified BY legislation II should be- 10 encounter
puar disturbance The whole subject ought be revised
by the best urss and the best in the country
Very respectfully, your obt sery't,
GEORGE T. CURTIS.
One the commissioners the Circuit Court of the Uni.
ted States for Massachusetts district.