Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1853-11-18
ruc ExEcuTION OF THE FUGITIVE SLAVE

ruE EXECUTION OF The FouliiFS '''f'
LAW.
-. ho,oh, of iniustics and absurdity 10 n'e'e"
.,,o, Presien, Percss administration as In the
- ,a,,o sympa,by or aid and comfort 10 the pe'.,..
srsa aoI party To say nothing of the Presaen
and fsa,lsss resistance to the Vaccinations o. ~ 5000,
,.,. and tho noble and manly senmen~ W VIZ &C.,. tho
Address We may proudly point TO his ''"o G.,
foul charge TO the acts of his administrator" ,.uhod
ulsce he has laid down the hxed fu' '" Nv - -, I,,
~ ,e,,l, office unless he stands upon INC D'' r.
form. prepared 10 carry out tho compromise IT,.
callv the full aud complete execution VI ''e ''s
h, mi, rule will strictly enforced and that any
-. &C., holder who shall hesitate in the discharge ol
,, Inn laws of the country. did some OF MT. III
oo ofbcers with impuny, will be hurled OUT OF oce'
40 o,e who has watched tho course of events can ior
moment doubt -. ,,o
We cite frs, The bold aud thorough. going letter Oh ''
Secretary of the INTERIOR to the Marshal OF
usdpiog the whole power of the administration 10 e GAO
cuon of the fugitive slave law. We next point ~ 'e i'
ter of Attorney General Cushing denouncine any
with freesolsm declaring It to be the determined pp'
s If tho administration TO 'crush OUT every element OF
aho,,onsu, We have again the pleasure this morning.
n publish manly and emphatic opinnion OF Attorney ue
neral Cushing in regard 10 tho execution Oh the us
,aye law 1t 10 oil important TO the interests Of Inc sum-
and the safety of the Union that this law should DC a
fov execued The United States Marshas can alone carry
the Inv into practical effect the ansiaVery iaha'
direct all their batteries against the Marshais anu "
throw every obstruction in their way To have the Ia" CAV
cnad ,hs Union we'll says 'ths government must po'e'
and susao its Marshas in the execution OF their ou'ies
ga ,h,, onj,on of Attorney General Cushing which mas
the approval of the President shows that Inc au
mInsra,ion Intend stand by those Marshas VINO are
faithful in executing trust The opinion OF Gen. Cushing
IA clear pointed and concusve-dehning he law win ais
ocusss and ability and Illustrating fully the settled policy
Of thu as we'll s determination to see The
laws faithfully executed"
ATTORNEY GEsERAIs OFFICE.
lilh November. 1853
S,R-Ths Secretary Of the Interior has referred 10 me
letter of The Hon J. D. Bright one OF The senators o. e
S,le OF Indiana with documents accompanying Inc 'a'
by which the following facts appear ,,..,
In Jpne last Pleasant Ellington OF the State oil missouri
ps,uted proceedings due form. al Indianapolis In The
S',s Of Indiana for The reclamation Of John Freeman,
coored man residing al Indianapolis alleging hat S.eeo
had escaped from service due 10 Ellington, IN INC s.ae OF
Kentucky; and warrant issued by commissioner OF
the limited States directed John L. Robinson marshal OF
the Uniied States for the State OF Indiana commanding
him 10 Freeman and hold hun to abide la"la aec
sion In the premlse On hearing before the commissioner
the alleged fugitive applied for time 10 obtain evidence 10 as
prove the claim which granted and at an near
ing about months afterwards proved satlsiaeto
1 th,t seaman did not owe serv!.o Ellington and he
accordingly discharged TAi released whee9pon ne mas
tho premises In his arrest detention and personal eXamina
ton. :. /.
ls Whether the case can be transferred from The
of the State of Indiana 10 those OF the United States =
And
"a Whether the marshal may be authorized 10 employ
counsel 10 his the charge of the United Staesf
In regard the first point Of opinion that both par
ties being inhabitants OF the State of Indiana there
existing provision of law by which the be removed
the of the United Satesi and do not think ex-
pedeu 10 this CAGE, at least In the present stage Of ITO
suggest any other possible mode of bringing IL before the
courts Of the United States /, may course be mado
Aotn IN
Counsel at The p1or -. !aphza- The smploymsas9 9!
It constitutional duty oil the PRESIDENT 10 TAKE care
that tho laws be faithfully executed This by means i'm
plies that he shall n,epose in matter of mere individual
and pyae litigation. But DO sometimes occur be-
tween private individuals or noe frequently where public
officer 10 party in which public interest Is incidentally
involved rendering lawful and advisable that counsel be
EMPLOYED by the United States And II may be case oil
public eoncernmen' though no property OF Inc onsa So,es
walton oil the laws matter OF much greater Importance
the government than the defence OF parcel OF inc ma
tioua domain the collection of duties cargo OF m
ported merchandise. In any such CAGE, 10 question OF
discretion part Of the President head OF depart
meu TO employ counsel for The United States not accor
ding bis judgment Of the particular CIRCUMSTANCES with
lite being possible 10 lay down any more SPECIFIC general
rule on the subject have doubt Of the power OF the
President 10 such emergencies: II ID OF familiar praclce ID
the daily business of the government
Examples Of this not wanting in cases where no of'
Of the United States party and no interest OF the
United States directly concerned other than the general 60
cuy Of the Consulicn the peace and honor OF The
Government. Of ,hs illustration occurs In the part
Of The indictment found 10 the State of New York against
Alexander Mcleod.
shall attempt lay down any general rule of
tive discretion In such for the already nta.
ted that this discretion of necessity be guided by the
particular circumstances But questions in the execution of
laws which affect the relation of The United States for
ean governments The relations OF States between
themselves them aud the federal government may it
cali occasionally for the employment OF counsel
10 behalf OF the ministerial officers Of the United States,
whose official acts are 10 controversy.
In fact The Government of the United States in the
and miuisteal officers. Attack them while administer
ing The laws thus 10 render acts Of Congress neac
tiIe 10 the rst step all The history Of the country indi
Gates the progress OF nsurreclion; and the defence Of
those officers such contingencies Is tho defence of the
integrity and stability Of the Government (See United
States Vigoi Dallas 5i6 United States VS. Mitchell.
Dallas 2iS; United States Fries pamph. Phil, 1900;
shays case mnots History Of The Instructions in Massa
chussits)
long category In their nature and their rea
lion OF Importance to tho public welfare and TO the duty of
the Preadont seing TINT the faithful execution of the acts
Of Congress for tho inter Stale eItradion OF ugses from
SERVICE in the face of organized combinations 10 defeat or
resist that execution and TO hrass those engaged In by
VeIaioua suite other unlawful is
plainly essential 10 the peace o tho country and the safety
Of the Union.
Thero 10 recent provision which expressly recog-
hIses the power Of the President In the premises the
act Of August 81 1861 CHI lGs H. which enac,s, "ha,
where tho ministerial officers of the United States have or
shall Incur extraordinary expenses In executing The laws
thereof the payment Ut which not specifically provided
for the President of the United States Is authorized allow
ire circuit OF The district in which the said
vices have shall DO rendered. be paid from The a
preparation for deayDg the expenses Of tho udicary"
(Session Laws. lssl-52 70 For au2ht can to The
contrary this provision Of law IL directly applicable the
subject matter and was designed 10 DO SO by Congress-
sdsse therefore, hat the authority prayed for be- under
suitable regulation given 10 this The marshal
am very respectfully your obodienl servant,
To the PaEslDrNr.
But II IL 10 vain for President Pierce TO show by tho acts
OF his administration that he stand by the cons
sutton and the awstho Southern Wing press that now
rejoicing In the triumph Of Sowartsm in New York dsre
gard oil these acts and continue to assa tho adminsra lion
most unwarransby imaginary proclvi,ies towards FREQ.
soiIsm Whatever President say DO in behalf of
the rights of the South will be sneereL at and
mlsfsprsssnud by politicians who, In tho late Presidential
canvass relied upon Tho Publications Of Foss Fugs Co.
Already we attempt Of Whg organ to excite prcu
dice 10 advance against the message Of President Pierce
which, II will be universally admitted vi" contain the bold
CO. and soundest sentiments tho slavery question To
break the force Of such State paper the Memphis Eaec