Southern standard., 1853-11-26

duct and by re-eecting him worthy gentleman
have given him pledge that he has in nothing of
fcer man, forfeited their confidence To Mr. HARRISON
this be pleasant reflection and to his friends
here and elsewhere it is of peculiar graduation.
The fact is, Isham he is amiliarly known, is clever
and lawyer Of fine capacity and power, and social
and companionabe gentleman he has upeors anywhere
We announce his reelection with pride and pleasure.
~~~~~~~~
The Administration and the Fugitive Slave Law.
The Union publishes the following opinion of
Attorney General Cushing, addressed to President
Pierce, in regard to the execution of the fugitive /
slave law which, it says, illustrates fully the set
tied policy of the administration, well as its de-
termination to see the laws faithfully executed
ATTORNEY GENERALS OFFICE, ! |
18th November, 1853. { /
! SIR The Secretary of the Interior has referred
to me letter of the Hon J. d. Bright one of the
Senators 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
Missouri, instituted proceedings in due form, at In
dianapos, in the State of Indiana for the reclama
tlOn OF John Freeman, a colored man resigned al
indianapolis, alleging that Freeman had escaped
from service due to Ellington, in the State of Ken
tucky and warrant was issued by a commission
er OF the United States for the State of Indiana
commanding him to arrest Freeman, and hold him
ing before the commissioner the alleged fugitive
applied for time to obtain evidence TO disprove the
claim, which was granted and at an adjourned
hearing, about twomonths afterwards it PROV
ed satisfactorily that Freeman did not owe service
to Ellington, and he was accordingly discharged
and released whereupon, he has brought suit
against the marshal for alleged msteasance in the
premises in his arrest detention, and personal ex
animation.
In view of which facts Mr. Bright inquiries, in
behalf of the marshal =
1St. Whether the case can be transferred from
the courts of the State of Indiana to those of the
United Staths And
Cd. Whether the marshal may be authoized to
employ counsel in his defence at the charge of the
United States
In regard to the first point | am of opinion that,
both parties be inhabitants of the State ofIndiana,
there Is no existing provision of the law by which
the case can be removed to the courts of the Uni
ted States and do not think expedient in this
case at least IN the present stage of it to suggest
any other possible mode of bringing it before the
courts of the United Safes. 1t may, of course be
f made the subject of revision there
: AS to the second point, am of opinion that it
e would be proper for the President to authorize
the employment of counsel, at the public charge
for the defence ofthe marshal.
1t is the constitutional duty of the President. ro
take care that the laws be faithfully executed -
This by no means implies that he shall interpose
o in matter of mere individual and private ltiga-
$ ton. But cases do sometimes occur between pri-
d vate Individuals or more frequently where pub
i lie officer is party, in which public interest is
ncldently involved, rendering it lawful and advi-
+ sable that counsel be employed by the United
e States. And it may be case of public concern
I ment though no property of the United States be
e at stake for the integrity ofthe Constitution and
l. conservation of the laws are matter of much
greater importance to the Government than he de-
fence of parcel of the national domain or the col
. lection OF duties ona cargo of imported merchan-
dlze. In any such case, it is question of discre-
ton on the part of the President or head of de-
y partment to employ counsel for the United States
or not, according to his judgment of the particular
at circumstances, without its being possible to Law
ry down any more specific general rule on the sub
n ect. l have no doubt Of the power of the Presi
IT. dent IN such emergences--itis of familiar practice
'e IN the daily business of the Government
~ Examples of these not wanting in cases
Is where officer eff the United States is a party
and no interests of the United States directly con
m eerned other than the general security Of the con
- stituton, the peace and honor of the govern
a. ment. Of this an illustration occurs in the par
IS which the United States took in the case some
nd years since the indictment found in the State
o- New ork against Alexonder Mcleod
is shall not attempt to lay down any general rul,
1t OF executive discretion in such case for the rea
son already intimated that this discretion must O
n necessity be guided by the particular crcumstan
ces But questions in the execution of laws which
It's affect the relation of the United States to foreign
We governments, tho relation of the States betweel
Ii themselves or them and the federal governmen
lie may it to me, call occasionally for the EN-
poyment of counsel in behalf Of the ministerial of
to fcers of the United States whose official acts are
"a controversy.
he In fact, the goAernment of the United State
&c acts in the domestic affairs of the country chief
n through its judicial and ministerial officers AT
or tack on them while administering the laws, so
thus to render acts of Congress Ineffective is tn
81 rst step, as all the history of the country indicates
d. In the progress of insurrecon and the defence
ge those officers, in such contingencies is the defens
nd of the integrity and stability of the governmer
af See United States Vigol, Dallas, 346 Uni
by ted States VS.. Michel, ii Dallas, 248; Unite
nd States vs. Fries, pamph. Pail, 1900; Shay's case
ew Minots History of the Instructions in Massaehu
, a sets.
think the class of cases, of which the preser
NJ lsone, belong the category, in their
IN and IN their relation of Importance to the publ
of welfare and the duty Of the President seeing ths
he the faithful execution of the acts of Congress
nv the inter State exradon of fugitves from service
,e In the face of organized combinations to defeat
reslstthat execution, and to harass those engage
IN it by vezatous suits, or other unlawful or ur
Just contrvances is plainly essential to the peac
- OF the country and the safety of the Union.
9th Inere is recent provision of law which exnres