New-York tribune., 1867-04-13


COURT YESTERDAY
Ms -rELHsH1Ps TO TIE TRIBUNE .o1o ON FRI
ur,suTNerosS April 12-The motion maue Oh @ rI
v last by M sharkey for leave to NE p ~ 8oyi
ON hehAlf Of the state of Mississippi ega,ns, - a..
y JohngoR and Gen Oru "aF''ta
.,,,ar Mn Sharkey said: . A., .,o .orli
aeshn X the Court please, to ellng ;,ngop Vg Witch
ON az the stale OF Mississippi iO Th NJ Scstion occupy
nmca,at % " singular. understand Il 10" " '' ~ w
E atrse to ne Is Sl you proceed, perhaps II y
state mat motion 10 file esil " 1suSy seS a. ia
a. ,S mat the bill contains sndaons , W pif to
no5S matter or is in other s, the Ol or re
70 master for examinatoa in ths case conta S
aey General Objected to the @ rSat ~ s te only point
h can ROW DE considered and upon ,sat pi pOigi % fop
Set viii hear the Attorney takes inc
vIatiye li,on this point, TIE Court VI" R et no 81 the
%Ssf Yesterday. yS%E oi the bill filed by The state @ Of
rga II may be quite proper 70 a,t vcsterdayas
,heher these cases, Ear as they lngS Ie h taSe9
ia observance in this lIua sa1s7 have Int TO saw
ia, am in attendance behalf of the state OF ueot1 @
hAt s i,s - sssocate counsel for the purpose OF pro
~ iae sf the Court 10 file that bin and take ont
will state to my brother OSol @
ar mi am not now advised that the point upon NV mi
ms1e objection to the filing of this ei W senpaa n
which ne proposes file in behalf OF me SiS o' IN make
s oint III nv objection that tllfs bill seeks 20 %
the freseu of the United statSs rs ~ SUN bc nil ON that
aceolnf as selndaOus; mean III the ies"i So'''0 VI WY
ys Aief T.astioe-The Court win now consider the qeS
~ relating to the bill filed by MISSISSIPPI @ nohe ,to,nex
% viii necessarily arise in the discussion & OF me
sse and it IS one to whiHh @ % Our n ,Sst ne the only ob
lfsol, ID will be answered in due time ny al my & gUneIS, M :;
osume- Now the application rs ~ 70 I'M me % NJ the simple
- = 10 present that must read inc Dill II . WV III
es hat the President of the United statess Az par IN 10
IS to only ground OF seahdS OF % i for we oxpect TO
show that the ,dent Of the United stes ~ ysS o H.
80 y ni,szi states
s ~ J,sSi6sFhe Court will first hear the Attor
r. On e .OSrse PSs q Rave 10 objection hearing
him. but before he proceeds will state TO me OouI ' nav
a. oanuscrip bill contains clause which Is not III c
nrinfed bill Lest we should be mistaken in our right to
sue the President OF the United States we then PROCEED
against Andrew Johnson as citizen Ot tennessee lha
is not in the printed copy, but in the bill as ned C.
THE Atore GeHerQl M. Sd3lbcry-l will, II the Court
lc"se now ony argue the que stion whether bill which
purpofts TO make Andrew johnson defendant as Pres-
op e of T b duties as President should allowed to be
fiIed IN this Court look into the bill far enough
upon this record and how is understood not only Dy
myself by the learned gentlemen who apIear mere M
sustain the bill After reading various extracts from te
bill, the Attorney General proceeded IL Is pefieSuy
manifest here that the case made agh1 hHuieW stur
person. any acts he intends TO do as andrew
@ dne man % Pe P nted States II is against the exercise
OF power by the President that complaint IS made
e n fS fSe eSeetn of what he considers to be his official
duty as they say notwithstanding his vetoes, to execute
Scers Sfft and BY his Seeing tie Execution those
the mischief elsues Of which they conIialn ana
Andrew Johnson is involved as an executive ocer ana
as President Tor when @ .1ey & S cfernf TRev AK this
court submit him. President 10 the process OF SUP
dent within the power of this court and TO compel him.
BY the power which court Of equity possess to enforce
Its deereeso do that in regard 10 these laws which this
court may deem to be proper l certainly am not
mistaken in saying that the gentlemen themselves IN
or the natural person. but bill against the
President as President and against gt, acts to
The gentlemen IN their brief admit that this a Of
T e snc & & Ba theS haTe 1 snaos o under
which this Court viii find power To bring the President
Il win be observed that there is no allegation that the
President It about TO do anything OF his own motion
legation that he about to execute certain laws passed
these laws but that this Court is better Judge OF his
duty President than the President himself and that
wlen he seeks TO execute law and 10 avoid npeael
ment as unfathfu his duty Executive this Court is
interfere and tell him what his duty sn the premises,
of the Court the upon which the gentlemen rely,
not as in point but in close analogy aud frst Of all u.s.
Marshaui In the course Of the prosecution against Col
Burr counsel deemed IL necessary that they should
have possession Of certain letter written TO the then
President, Mr. Jefferson by Gen. Wilkinson IL did not
tcal letter Sat IL was said 10 he letter i'm the posses
sion ~ the President The counsel OF Col Burr moved
subpoena be issued by the Court the President
commanding him 10 appear ami bring with HIM that pa
Rer The question was alied by the counsel for the
though the ecanse for the United states did not admit
they waived e point and the whole argument was upon
the right Of the party 70 have the paper itself They got
could not issue against the President However, when
doubtedy he was OF the opinion that subpoena might
prodnoe paper in ms recession as President The
gentlemen from that the President liable 20 the
he pTsSess and the ~ to 81 the Court 9 as party 10
abide any order Which the Court may make. will 20
ing the opinion tkst was delivered by the ChefJustce,
the Court came TO- point IN %neh they would not take
President fr Jefferso ne did not degn give any
the Court or any eIssse 70 the oeIrt He perfectly Ss
knew the dignity that belonged his office for as to
c ny ws eS & % sIS % K Ga %ade e s nc
10 the Court made retnrn TO the subpoena that
lie simply wrote letter t0 the DistrictAttorney in
which he stated that he eonA not conceive how it was
him g go there by subpoena that he Eond not go; that
Attorney iist there was no difficulty in obtaining
the paper 81 ~ the proper %sy but & ne Won E9nld pay
m GSG tor of process TO- sGmPe the Il, PSesGsSt
in ssying that the President was anenabe to subpoena
was right the Court bound at the instance Of the de-
oSedsneS 70 orders At at po O%
ever, the Court hesated and not a step further
taken toward enforcing the doctrine laid down by the
Chief Justice then became quite too apparent that
ve great error had been committed very great
error with the greatest submission TO the learned Judge
who circuit pri.s suddenly on motion OF this
kind had held that the President Of the United stses
proposition snbTeTsive Of ali IDEAS Of What gov
Su ne II and q the SSpOses for which President T.
controversies between individuals anywhere in the
happens anything about them wherever the
process Of the Court extend him terrtoriay he
Of the Government and TO attend ~ the business Of the
Individual cilzenremit his duties over the whole and
IN thst case OF Burr al attempt was made to dis
tPSGsa !; between the President and King Queen.
.st these was no authority in England for suit or