The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-06-18

FENoES IN EAEeullNu inG FcoiAlf E-SLANE
LAW.
Attorney GESERLLs oFEIcE,
May ~, 1854
Sra: Your communication OF the 2lst Of January last
and the papers enclosed herewith present the following
facts
II appears that the ID Of june 1851 warrant issued
from the commissioner Of the United States ia the city
Chicago in Illinois for the arrest Of fugitive from labor
on the application Of Crawford f. Smith OF Missouri The
directed the marshal of the United States
for the district Of Illinois who arrested the fugitive in the
city Of Chicago Thereupon being threatened the
commissioner and the marshal deemed it necessary and
proper to call to the assistance Of the marshal police
force of twelve men, and also party Of militia who were
in continual attendance for five days during the examna-
ton before the commissioner For the subsistence Of this
guard the marshal provided and for such subsistence and
for their per diem compensation he claim. payment from
the treasury of the United States.
Hereupon the question for my opinion is thus stated
Assuming that the expenses in the under consider
ton incurred prior the issuing by the commits
soner of the certificate surenderng the slave the claim
ant the question arises they chargeabe 70 the United
States the incurred after the issuing of the
tfcate?7
BY the act of September 18TH $780, concerning ugtves
from service, (x Statutes at Large 1921 it is enacted
SEC s. That it shall be the duty of all marshals and
deputy marshals obey and such and
preceps issued under the provisions Of this act when
them directed; and after ar
rest Of such fugitive by such marshal or his deputy or
whilst any time in his custody under the provisions
of this act should such fugitive escape whether with
without the assent of such marshal or his deputy such
marshal shall be liable his official bond be prose
cued for the benefit of such claimant for the full value
the service labor of said fugitive in the State Terri
tory, district whence he escaped"
And by the section the commissioners appointed
under that authorized within their counties
spectvey to appoint in writing under their hands any
suitable PERSONS from time to time to execute
all such warrants . With au-
hory such commissioners the person to be appoint
ed by them execute process aforesaid and
call TO their aid the bystsnders posse eodts of the
proper county when necessary insure faithful oberv-
of the clause of the constitution referred to-
ormy with the provisions of this aet and all good ct
zens are hereby commanded aid assist the prompt
and efficient execution Of this law whenever their services
may be required aforesaid for that purpose
Section 6 requires the court judge commissioner
upon satisfactory proof that the person arrested does
the service labor the persons claiming him. &C.
make and deliver the claimant his her agent
attorney certificate setting forth the substantial as
/ aforesaid 8 With authority to
such claimant his agent attorney such
able force and restraint may be necessary under the cir
cumsances of the case take and such fugitive
back the State Territory whence he she may have
escaped as aforesaid.
SEC O. Upon affidavit made by the claimant of such
fugitive his agent attorney, after such certificate has
been issued that he has to apprehend that such m
gitive viii be rescued by force;
il shall be the duty of the officer making the arrest to re-
tain such fugitive in his custody and to him the
State whence he fed. And to
this end the officer aforesaid is hereby authorized and
required employ many persons he may deem ne
cessary to overcome such force and to retain them in his
service so long as circumstances may require The said
officer and his assistants while employed receive the
same compensation and to be allowed the expenses
as allowed for the transportation of criminals to
be certified and paid out Of
the treasury Of the United States
By the act of August 81 1851 essou Acts p &c. chap
los sec III When the ministerial officers Of the United
States have or shall incur extraordinary expenses in
cutting the laws thereof the payment Of which spe-
ecay provided for the President of the United States is
authorized allow the payment thereof under the special
taxation of the district circuit of the district
which the said services have been shall be rendered
be paid from the appropriation for deayng the expenses
Of the Judiciary
Upon these statutes the intention Of Congress is su
GENTLY manifested that claimant ola fugitive from la
Dor who obtains for the arrest examination and
delivery of the fugitive is to be charged with and
expenses incident the defence Of the laws and the officers
of the against awlcss persons disposed rescue the
person arrested.
The power and the duty of the officers Of the law pro-
tect themselves from being resisted and INSTRUCTED by
lawess force in the lawful execution Of preceps to them
directed appern properly TO the officers Of the law them
selves not the individual who appeals the law to
have justice administered to him.
For his own acts the claimant responsible and charge
able but not the consequences Of mob other per
sons threatening vioeat opposition to The execution Of
the laws Of the land 1t IS the purpose and proper duty
Of the government TO vndcate and support the majesty
the law against the violence OF rioters and con-
temners Of the process Of law.
The 9th section Of the act provides for paying the costs
and charges Of guarding against rescue upon the
affidavit of the claimant alone after the certificate Of dely.
cry TO him that he has to apprehend that such
fugitive will be rescued by force The reason for paying
from the public treasury the charges Of the defensive force
employed when the judicial officer and the marshal both
apprehend rescue from threats other indications
known TO them Is certainly cogen the affidavit
Of the interested claimant
The law having made 1t the official duty Of the marshals
TO obey and all such and precepts 10 them
respectively directed and after tho arrest keep the per-
arrested safely the law has given the marshal
the power and authority call to his aid sufficient force
the whole power Of his district IL necessary a suciency
thcreof-a competent p0sts eouiatsto guard against
threatened These men, when called into service
are ministers and agents In the service Of the government
persons lawfully called TO assist in the execution Of the
laws and therefore to be paid BY the public whilst in the
public service
contemplated in the 9Th and in the eighth sections Of the
act Of September IS 1880 and in the act Of August 81
1852, before quoted,
r. an. - au~o -.