Washington sentinel., 1854-06-21
A''orney General Cushing's Opinion.-Ex-
penses In Executing the Fugitive
Slave Law.
ArToRNKr GENERALS OFrIcr.


penses In Executing the Fugitive
Slave Law.
ATTORNEY GENERALS OFFICE,
! May 81, 1854.
SiR: Tour communication Of the 2lst of Jan
uary last, and the papers enclosed therew;th.
present the following facts:
1t appears that on the I'd Of Jnne la5l !
warrant issued from the Commissioner of the
nlted States in the city of Chicago. in Illinois.
Tor the arrest of q fugitive from Labor. on the
application of Crawford E. Smith, of Missouri.
Inc warrant was directed to the marshal of the
United States for the district of Illinois, who
arrested u. the fugitive in the city of Chicago.
lnerenpon, o rescue being threatened, the com
missioner and the marshal deemed it necessary
ana proper to call the assistance of the marshal
ponce force OF twelve men, and also q party
OF miiitla, who were in continual attendance for
nve days during the examination before the
commissioners. For the subsistence of this
guard the marshal provided; and for such sub
sistance, and for their per diem compensation.
ne claims payment from the treasury of the
United States.
Hereupon, the question for my opinion is
thus stated: " Assuming that the expenses in
the case under consideration were incurred
PRIOR TO the issuing by the commissioner of the
certificate surrendering the slave to the claim
ant, the question arises, are they chargeable to
the United States, the same as If incurred after
the issuing of the certifcate?"
BY the act of September 18th, 1850, con-
cerning fugitives from service, (IX Statutes at
Large, p. 462,) it is enacted
Sec. 8. That it shall be the duty of all
marshals and deputy marshals to obey and
execute such warrants and precepts issued
updar ha soso oc 81 - -. 49,
directed; and after arrest
Of such fugitive by such marshal or his de-
putty, or whilst at any time in his custody under
the provisions of this act, should such fugitive
escape, whether with or without the assent of
such marshal or his deputy, such marshal shall
be liable, on his official bond, to be prosecuted
for the benefit Of such claimant, for the full
value OF the service or labor of said fugitive
IN the State, or Territory, or district, whence
he escaped
And by the same section the commissioners
appointed under that act are authorized, awithin
their counties respectively to appoint, in writ
ing under their hands, any one or more suita-
bic persons, from time to time. to execute all
such warrants, n With M
thority to such commissioners, or the person to
be appointed by them to execute process as
aforesaid, to summon and call to their the
bystanders, or posse comitdtus of the proper
county, when necessary to insure faithful OBJ
servance Of the clause of the Consultation re-
ferred to, in conformity with the provisions Of
this act; and all good citizens are hereby com
manded to aid and assist in the prompt and
efficient execution of this law, whenever their
services may be required as aforesaid for that
4 SEC. 8 requires the court, Judge, or COM
missioner, upon satisfactory proof that the per-
son arrested does owe the service or labor to
the persons claiming him, &C., "to make out
and deliver to the claimant, his or her agent or
attorney .a certificate, setting forth the substan
With authority to such claimant, Or his agent
or attorney, to use such reasonable force and
restraint as may be necessary, under the cir
cumstances of the case, to take and remove
such fugitive back TO the State or Territory
whence he or she may have escaped as afore-
,aid.
u "SEc. 9. Upon affidavit made BY the claim
,nt such fugitive, his agent or attorney, after
such certificate has been issued, that he has
'eason TO aPprehend that such fugitive will be
rescued by force,
t shall be the duty Of the officer making the /
arrest to retain such fugitive in his custody;
and 70 remove him to the State whence he fed.
And to this end |
the officer aforesaid is hereby authorized and |
required to employ so many persons as he may
deem necessary to overcome such force, and to |
retain them in his service so long as circum-
stances may require. The said officer and his /
assistants while SO employed to receive the
same compensation, and to be allowed the
same expenses, as are now allowed for the
of criminals to be certified |
. andpaid out of the treasury Of
The United States'
By the act Of August 81, 1852, (session
acts, p. 80, chap. l0S, Sec l1:) "When the
officers Of the United States have,
Or shall incur, extraordinary expenses in exc.
cutting the laws there, the payment Of which is
rot specifically provided for, the President Of
he United States is authorized to allow the
payment thereof under the special taxation Of
he district or circuit court Of the district in
which the said services have been or shall be
endered, to be paid from the appropriation for
lefraying the expenses of the Judiciary
Upon these statutes the intention of Con.
,ress is sufficiently manifested that no claimant
# a fugitive from labor, who obtains warrant
or the arrest, examination, and delivery Of the
fugitive, is to be charged with costs and ex-
lenses incident to the defence of the laws and
he officers Of the law against lawless persons
disposed to rescue the person arrested.
The power and the duty of the officers Of the
aw to protect themselves from being resisted
md obstructed by lawless force in the lawful
xecution of precepts to them directed apper-
ain properly to the officers Of the law them
elves, not to the Individual who appeals to the
sw to have justice administered to him.
For his own acts the claimant is responsible
nd chargeable but not for the consequences.
ia mob or other persons threatening a violent
pposition to the execution Of the laws Of the
and. 1t is the purpose and proper duty Of the
government to viDdieate and support the ma
esty of the law against the menaces or violence
{ rioters and contemners Of the process Of law.
The 9th section Of the act provides for pay
ng the costs and charges Of guarding against
rescue, even upon the affidavit Of the claim.
mt alone, after the certificate of delivery to
i'm, shat he has reason to apprehend that
uch fugitive VIII be rescued by force.n The
eason for paying from the public treasury the
harges of the defensive force employed when
be judicial officer and the marshal both appre-
END rescue from threats or other indications
nown to them, is certainly as cogent as the
mere affidavit Of the interested claimant III