The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-04-01
PRESIDENT BUCHANAN AND THE
SICkLES CASE.
To the Editors of the Daily Exchange

To the Editors of the Daily Exchange:
In your accusation against MIR. Buchanan in this
mornings paper, ''as very seriously compromising,
''and possibly defeating the ends of justice" in not
employing counsel to aid in the prosecution of Mr..
Sickes, you remark that "precedents without num-
''ber may be found where different course has been
''pursued." do not know what information you
may have upon this point, but for myself never
knew of where the President has iuterfered in
the manner you indicate. On the contrary, for
him to employ counsel to aid in any prosecution
when the law appoints the agent for that purpose
would be to violate the law, and would in my judy
ment, be ''seriously compromising and possibly de-
'"featng the ends of Justice"
1t is true that this practice prevails in Maryland
under constitution, because that instru-
ment, in abolishng the Office of Attorney General,
expressly conters the power upon the Governor to
employ additional counsel in criminal and civil
ses, where in his Judgment, the ends of Justice
quire it, But should be glad that you would
point out any law or precedent which would war
rant the President, after he has duly appointed an
officer to represent the Government in criminal
cases, to employ the services of others to assist
him. A SUBSCRIBER.
The article referred to by our correspondent in
the above communication, was written less for the
purpose of discussing the course of the PRESIDENT
than with the view of correcting mis-statement
concerning Chief Justice TANEY which had occur
red in one of our telegraphic dispatches Our
"SUBsCRIBER appears to think, that, in correcting
an error of our Reporter, we have been betrayed
into a still more grievous one ourselves; and he
proceeds accordingly to set right, when he
might have been much more usefully occupied in
pertaining whether were wrong. That he ''never
'knew a where the President has interfered
Gin the manner" we indicated is very possible
but that there are innumerable cases on record
where the President has interfered is, never
theless, true. Precedents to that effect may be
found in the history of every Administration,
from that of General WASHINGTON down to
the present time; nor is it necessary to
search the books to find them, when--to go
further than the District of Columbia it
sef-the GARDINER case, in which the Hon. HENRY
MAY, of this city, was retained by Government to
assist District Attorney FENDALL in the prosecution
is still fresh in the recollection of our readers So
to quote another case, which, though less recent is
even more familiar-on the trial of AARON BURR for
the crime High Treason, during the administration
Of Mr.. JEFFERSON, Mr.. GEORGE HAY, who was
District Attorney for the district of Virgil
mia, at that time had the assistance of Mr. WLLIAM
WRIT and Lieutenant Governor Mac RAE, who re-
ceived a special appointment from the PREsI-
DENT for the purpose. Still another prece-
dent-occurring in our own day, and which,
on account of the intense interest the case
excited In Maryland, at tue time, we may men
ton, among the multitude of like character thai
occur to us as we write-is furnished by the
Christiana treason trials, which took place
at Philadelphia few years ago, and in which no
less than six counsel appeared for the prosecution
viz: Messrs. JONI w. and J. L. AsHMEAD, ant
JAMES w. LUDLOW, for the UNITED STATES, ant
Messrs. ROBERT j. BRENT, COOPER and LEE, for TIL
State of MARYLAND. Nor has Government confined
its interference, by any means, to cases where tn
appointment of additional counsel has been solici
ted by the Public Prosecutor Not to multipl,
precedents upon this point, Mr. NOISE, Distric
Attorney of Louisiana during the administration
of President PIERCE resigned his office and quarrel
led with his party, because the Hon. ISAAC E. MoRS
had been appointed by Government, to assist him Il
criminal prosecution, without first consulting mn
upon the subject, even notifying him OF the TACT
The spicy correspondence that ensued between Mr.
NOISE and Mr.. Attorney General CUSHING is not We
Government, from the earliest time, to employ as
sistant counsel, both in civil and criminal cases
whether capital otherwise, whenever in it
Judgment the Importance of the cause, or any cir
cumstances attending it, seemed to render such
step expedent, and of this fact our correspondent
if he desire further proof. may easily convinc
himself by reference to the shelves of any Law
Library.