Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1857-05-23
Duties, Responsibilities and Labors Of the
0fee Of Attorney General Of the United

ports.
Duties, Responsibilities and LabOrs Of the
0fEee Of attorney General Of the United
States.
From the Washington Union i
Having recently seen a bill reported during
the last Congress by Mr.. Adams, Senator from
Mississippi, for recognizing the Attorney
psrtment, we have been led to make some
examination into its present duties, response
b%ilities, and labors. The office was created by
the judiciary act of 1883, and specific duties
deyolved upon it, relating to arguing causes IN
the Supreme Court and giving legal opinions
when required by the President or requested by
the head of adepartment. These were inereas-
ed by the act of 1880, creating the office OF
Solicitor Of the Treasury, for which he was
made the counsellor and legal advisers His
duties were largely augmented by the law OF
184l, requiring him to examine and certify upon
the validity Of the title to lands purchased by
the government for public purposes. They
Sere further increased by an executive order
Of 1855, making bin the organ OK the depart
ments in giving instructions for the institution
and defense of suits where the United States
are interested. When required by the Presi-
dent or a statute, he takes charge Of other
legal matters as especially directed, as in the
enlistment suits and California land cases. All
these duties are performed, under high respon-
sibilities, with only the assistance Of clerks
receiving the ordinary salaries, without the aid
Of a single bureau officer. This simple state
ment must be sufficient to satisfy all that a law
department should be created, and the Attorney
General provided with these aids common to
all departments. The public convenience re-
quires that there should be one central head for
the management Of all the legal business of the
government. This can best he done by uniting
the Solicitors Office to the Attorney Generals,
thus forming a department, and clothing 1t with
all the powers necessary to supervise and con-
troll, through the District Attorneys, the civil
and criminal law business arising under the
laws of the federal government.
\ On a recent occasion a gentleman familiar
with the affairs OK the government and the OPP
e~rations of the various departments and othces
made the following remarks, which We are per-
mitted to copy:
'sOurs is a complex system Of government,
consisting of national, State, connty, and town
laws, enacted by separate authorities, and con
strued and executed by different Jurisdictions.
These various laws constitute a mass Of polit-
ical machinery more complicated than exists
elsewhere in the ciy1lized world. Wheel re-
wolves within wheel, from that which e~nGircles
the Urion to that Of the smallest school dis
trict. The harmonious working of this i'm
mense body of legal machinery mainly depends
upon each portion being applied exclusively tC
It's ieBtlAuIdlt dHl dpFAyflAdAF uses ~ "a
less OF the whole becomes deranged, often pro
ducing injurious, if not fatal, consequences
The judiciary, in expouading and applying th'
laws, constitute the great regulating power
which confines each portion to its properfunc-
tons, quickeninS when necessary, and restrain.
ing when proper, and guiding the whole for tn
common good. The judiciary consists Of mag
~istrates Of diversified Jurisdictions, from thosl
setting upon the supreme bench. at the capito
to those who adJudicate upon the minor differ
ences as village justices, each having Essgne'
him duties adapted TO his jurisdiction. In eael
of these the parties may appear and'be repre-
scented by counsel whose occupation is study
T ing and expounding the laws and asserting AM
t protecting the rights of their clients. Judieia
5 tribunals settle the contested rights of partie
1 with the aid Of al the light which counsel ca
4 shed upon them.
e "When aided by the industry, learning, an
b intelligence of counsel, the duties Of the Iudg
E are properly esteemed most laborious andar
= duous, and his position one of the highest re
5 sponsibility-. Permit ne to describe sons o
n the duties now -deyolved upon the Attofne.
: General. In addition to those Of a member 0
, the cabinet, others relating 70 judicial appoint
ments and the investigation Of applications 70
: pardons are now committed to him. As coun
o sci and advocate he has charge Of the entir
8 litigation in The Supreme Court where the gov
}, eminent is concerned sincluding tie Californi
e and other land cases.
T @Buthis greatest labors are in his quasi-judi
cial capacy, in the performance Of which he
seldom aided by the labors OF counsel, an
never, except upon one side. he is require
by law to examine the title to every purchas
of real estate made by the government, wheth
er for sites for lighthouses, custOm-house:
t post-oficss, marine hospitals, OF nsvy-yardl
forts, or other public purpose. No money ca
be expended upon either until be ceTtihes tn
|. title to be valid. A still greater subject of ju
b dicial labor is found in the calls by the Presi
dent and heads of department for opinions upo
questions of law, to aid in the discharge q
< their official duties. His opinions give direc
ton to the operations of the national govern
T ment, and often influence those Of the States
In forming them be, from necessity, acts frol
a his W. examinations, without the advsntag
which the courts derive from forensic discus
b sions. This branch of his duties is rapidly in
ereasing. DuFmgthe first half century of on
government few Of this class of opinions wer
d g ven, and noSe. upon titles ;iFhese are publish
ed IL. three conmon-size volumes. Those Civ
s enshAthe present incumbent, within the la:
s{four years, will fill the same number Of YOI
umes. Those relating to titles, during the sam
n time, would fill another. These duties have oC
casioned a labor which few men could endur,
a and have been performed, as, from the charaC
e ter of those who have held the Office, ] fe'
authorized to say, with a single eye to trut
Inland Justice, and with a watchful solicitude t
I. secure the citizen his rights and to keep th
operations of the government within their Il
:, ultimate sphere, thus securing the haTmonioU
e working of that portion of our complicate
government machinery which is committed
the executive branch Of the national govern
ment. The opinions given will in all time
quoted by the bar and respected by the benc
as reliable eXpositiOns Of cur Constitution an
laws, and our relative rights and duties as
member Of the family of nations"