The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-11-16


and sees in nothing shake his confidence in the wis
dom or correctness Of his policy whilst he does in
the facts much that calculated to awaken the attention
of all true democrats.
The Administration and the FugItive-slave
Law
We have procured for insertion in paper to-day
late opinion of Attorney General Gushing in regard TO
the execution OF the fugive-slave law, which will be
read with interest by all who desire to that essential
feature Of the Compro faithfully sustained The ugi
slave law is well known to be the vital portion OF the
adjustment and moments reflection will satisfy any
that unless the law is executed with fidelity it to
be OF any value But the law only be executed by
marshals who are willing encounter every obstacle in
the discharge Of their duties The aboltonists under
stand this thoroughly, and hence the violent assaults
which are made upon those marshas who manifest the
right determination in executing the law We have
lately witnessed OF this kind in Pennsy and
we may expect it wherever there the slightest hope OF
operating upon marshal either by force intimidation
other appliances. To have the fugiiive-slave law
cuted, the government must protect and sustain its
sbas in the execution OF their dnes and this opinion
Of Attorney General Gushing, which has received the sp
prova of the President, shows that the administration in
tend to stand by those marshas who faithful in
cutting their trust The opinion of Gen. Gushing is clear
pointed. and conclusive--defnng the law with distinct,
ness and ability and illustrating fully the settled policy
of the administration as well as its determination see
the laws faithfully executed.
ATTORNEY GENERALS 0rrcE.
I4th November, 1859.
SIR: The Secretary of the Interior has referred TO me
letter OF the Hon. j. d. Bright, one of the OF
the State OF Indiana, with documents accompanying the
same, by which the following facts appear
In June last Pleasant Ellington, OF the State OF Mis-
sour, instituted proceedings IN due form, at lndanapo
lis, the State of Indiana for the reclamation OF John
Freeman, a colored residing at Indianapolis al
leging that Freeman had escaped from service due 10
Ellington in the Stale OF Kentucky; and warrant was
issued by commissioner OF the United States, directed
10 John h. Robinson, marshal OF the United States Tor
the State OF Indiana, commanding him 10 arrest Freeman.
and hold bin TO abide lawful decision in the premises
On hearing before the commissioner, the alleged fugitive
applied tor time obtain evidence 10 dsprove the claim
which granted; and at Adjourned hearing, about
two months afterwards, was proved satisfactorily that
Freeman did not owe service 10 Ellington, and he was
accordingly discharged and released whereupon, be has
brought suit against the marshal for alleged misieasance
in the premises IN his arrest detention and personal ex
animation.
10 view Of which facts, Mr. Bright inquiries, in behalf
OF the marshal
lat Whether The can be transferred from the
courts OF the State of Indiana 10 those OF the United
Staiesi And
I'D Whether the marshal may be authorized 10 employ
counsel in his defence at the charge Of the United States
In regard to the first point. am Of opinion that both
parties being inhabitants OF the State of Indiana, there is
no existing provision Of law by which the case can be
removed TO the courts OF The United States aud do not
think expedient in this al least in the present
stage OF H. 10 suggest any other possible mode OF bring
ing il before the courts OF the United States Ii may, OF
course, be made the subject Of revision there.
As 10 the second point, am OF opinion that i would
be proper for the President 10 authorize The employment
OF counsel, at the public charge for the defence OF the
marshal.
1t is the constitutional duty of the President "to take
hal ka Tut hkuliv h, M,
implies that he shall niefpose in matter OF mere
individual and private litigation But cases do sometimes
occur between private individuals. or more frequently
where public officer IL party, in which public in
erest is incidentally involved rendering it lawful and
dvsabe that counsel be employed by the United a,ea
And IL may be OF public nj, though no
property OF the United States be at stake for the Integ
ry of the constitution and conservation OF the laws
mailer of much greater importance 10 the government
than the defence Of parcel OF the national domain or
the collection OF duties on cargo OF imported merchan-
disc In any such case II Is question OF discretion on
the part of the President or head of department TO en-
ploy counsel for The United States not, according TO
has judgment Of the particular circumstances, without it's
being possible TO lay down any more specific general
rule on the subject have no doubt Of The power of the
PRECEDENT in such emergencies it s of familiar Practice
in the daily business OF the government.
Examples OF this are not wanting in cases where no
officer OF the United States IS party, and interest OF
The United States directly concerned other than the gen
era secnry OF the constitution, the peace and honor
of the government Oh tins illustration in the
part which the United States took in The year.
snce Of the Indictment found IN the State Of New York
ar ainst Alexander Mcleod.
IshaIl no, attempt to lay down any general rule Of
uve discretion in such cases. for the reason already init
mated that this discretion must OF necessity be guided by
The particular circumstances But questions IN the
cuon OF laws which affect the relation OF The United
States foreign governments or the relations OF The
States themselves them and The federal gov
eminent, may, il to call occasionally for The
employment of counsel in behalf OF The ministerial off,
o-rs OF The United States whose OFFICIAL acts are IN oon'ro
versy
In fact. the government OF the United States acts in
TIE domestic affairs OF the county chiefly through lls
judicial and ministerial officers Attack them while
administering the laws thus 10 render acts oil Con-
gress ineffective the FIRST step. all the history OF the
country indicates, IN the progress OF nsurrecon and
the defence of those officers, in such
the defence OF the integrity and stability of the govern.
ment tSee United States Us Vgol, il Dallas 3a6: Uni
led States Us Mitchell, Dallas 24s; United States Us
Fries pamph Phil. 1900; Sbay's case, Mnots History
of the Instructions in Massaohusetls)