Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-06-26

10 the president, that declslonls Dnknewn
8 TO this court.
If.upon any priodplc the president could
be construed 10 stand exempe from the &c.
neral provisions Of The constitution, II
wculdvbe Becausc his duties as chief ma.
gistra:e drmaud his whole time for nation
safehjec,s. BUTT is apparent,hat this de.
mand is rot nnremit,ipg, andlh i1 should
exist at The time when his attendance In
.cours is repaired, il s'ould be shown on
the return of the subpoena, and would "a.
Their constitute reason for not obeyingi the
process Of the court, than reason against
It's b-irg issued, Ii point Of fact is can
not be doubted tina, the people Of England
have the same~ Interest in the service OF the
executive ,gover1msnt, thatisof the cabl-
net council, tha, the American people baye
in the sersIcc Of the executive of the u. S.
and that their duties are as arduous and as
unremis,ing. Yeti. has never been alledg.
cd that subpoena might not be directed to
then.
It cannot be denied that TO issue sub
posna to persoa filing The exalted station
of the. chief magistrate is duty which
would be dispensed with much mere cheer.
fully han i. .wou!d be performed, bot If It
BE- a dafy the court San have 90 choice IN
the casc.
If then, as is admitted by the counsel
tor ,he u. S subpoena may issue TO the
president, me accused IL entitled TO it OF
course; and whatever difference may exist
with respect to the power to compel the
same obedieace 10 the process as if it had
been directed TO private eiiizeo, 1hsEeex.
isis no difference with respect to the right
20 ob.sin it. The guard furnished to this
high officer to protecs him from being har.
rassed by vexa.ious and unnecessary sub
pnnas is to be looked for in the conduct OF
coa7, at:er those subp@aas have issued,
not Ia any circumstance which is TO preaede
their being issued.
If in being summoned to give his personal
attendance to testify, the law does not discri-
inmate between the president and q private
citizen. what foundation is there for the OPT
MON that this difference is created by the cir
cumstance that his testimony depends on a
paper in his possession, not on facts>whlch
have come to his knowledge otherwise'than
by writing The court can perceive no foun-
d.,.ion for such an opinion. The propriety OF
introducing any paper into case as testimony
must depend on the character Of the paper,
not Oh the character Of the person who holds
it. A subpoena duces tecum then may issue
to any person to whom an ordinary subpoena
may issue, directing him to bring any paper
of which the party praying it has right to
avail himself as testimony, if indeed that be
the necessary process for obtaining the view Of
such paper.
When this subject was suddenly introduced,
the court felta some doubt concerning the
magistrate, and soae doubt also concerning
the propriety o.. directing any paper in his
possession, not pubic in It's nature, to be ex-
hibitcd in court The impression that the
questions which might arise in consequence OF
such process were more proper Tor discussion
on the return of the process than Oh It's issu-
ing, was then strong on the mind OF the iudg-
es, but the circumspection with which they
would take any step which could in any man
ner relate to that high parsonage, prevented
their yielding readily to those impressions, and
induced the request that these points if not
admitted might be argued Theresu.t OF that
argument is a confirmation of the impression
originally entertained. The court can per-
ceiTc no legal objection to issuing subpoena
daces tscun, to any person whatever, provided
the case be such as to Justify the process
This is said to be a motion to the discretion
Of the court. This is true. But a molten to
its discretion, is motion not to its inclinati-
on, but to Its Judgment, and its Judgment is
to be guided by sound legal principles.
A subpoena duces tecum varies from an or
binary subpoena only in this, that witness is
summoned to bring with him paper in his
custody. In some of OR sister states, whose