The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-11-25
ATTORNEY GENERAL CUSHINGS INSTRUCTIONS


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There no sort of doubt that Philadelphia lawyer
has at last found genuine "mares nes'at least have
the positive authority of the New York Evening Post to
that effect 1t consists in the discovery that Attorney Gen
era Cushing travelled out of his duties as prescribed by
law when he the two letters of instruction to Dis
rct Attorney Van Dyke which have so sorey exercised
the Post and other British sympathzers. pamphlet has
been issued says the Post, by Philadelphia lawyer to
prove that Mr. Cushing has done what he had warrant
Of law for doing in writing those letters and the Post
thinks the Philadelphia lawyer has made out "a very clear
casen
1t is assumed by the learned author Of the @cever
pamphlet" that all the duties of the Attorney General
are enumerated by the of 1885, and that Mr. Cushng
letters to Mr. Van Dyke not sanctioned by that law.
According the of 1882 il is the duty of the Attorney
General Ito conduct and all suits in the Supreme
Court in which the United States shall be concerned and
to give his advice and opinion upon all questions Of law
when required by the President of the United States, or
when requested by the heads Of any departments touching
matters that may their departments" Under this
law it may very easily be shown that the Attorney Gen
era as the head Of department. had the authority to
give instructions directly the district attorney in
regard to matter which belongs legimately to his de-
partment
Under the constitution it is the duty of the President
to see that the laws faithfully executed To do this
he may either issue his instructions directly to the district
attorneys or he may do through any head of depart
ment and regard violations of the neutrality law
no department would be appropriate That Of the At
torney General 1t is clear then, that Attorney General
Cushing was within the pale Of his official duties whether
they are sought for in the act of 1882 or in those devoy
ing upon him as head of department, in those which
the President may impose upon him. in dscharging his
constitutional obligation that the laws faithfully
executed Nothing be certain, therefore, than
that the Philadelphia lawyer aforesaid has discovered
"mares nest
But the Post goes beyond the Philadelphia lawyer and
says that the letters of Mr. Cushing member Of the cab
met addressed the district attorney at Philadelphia
giving him his advice and opinion to be read in open
court regarded by the British government as mani
feso Of hostility of the PRONUNCIATION of which they
aue an explanation and this explanation cannot be given
without either direct implied of Mr.. Cushing
In the first place. there is truth in the statement tina
the British government has required any explanation
the PRONUNCIATION of Mr. Cushngs letters and in the
place. if that government to do simple thing
they would be apt to receive for that it is bust
ness Of theirs whether district attorneys receive b
instructions from the Attorney General from the Presi
dent or whether they proceed to prosecute British viola
tors of laws without any specific instructions. Tn
i by such manifest subterfuges.