The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-04-13

Is here by service OF the subpoena the Court procs.,
In the case and hnds II which thew "a -.
( 10 c0mmaud him not 10 execute thosa SSiavn
and notwithstanding the President Avs
the Court 10 right in granting the iniunctonf Thai ~
Court must now sustain Its dignity your Honor
have dignity anc power TO be observed wen az a.
President The next step here then, 10 TO move for 81
attachment rule the President 70 show cause VII
an attachment should not issue against hm-for what
ordered him 70 abstain from proceeding further IN d.
execution Of those laws In defiance OF that order ID
President has gone on % do something 10 execution
kind Of processf By process quasi cTimina
by process Of attachments 70 answer for coz
s ms he
which goes to the Marshal, and, when como 70 tn
proper pout process thai gees 70 tho Marshal, CON
ihis court 70 answer 70 tbs court Tor soSsdsncs
ito process Nov. lot suppose case to 20 = Il
v 2 ss ~ % s
OF this governments has arrs'gned another and the N
ecuve department. OF the government represented b
ment for what purposef 10 Be punisned criminsiiy;
Tor II he stands oat and makes no apology to tks
tempt m adss Is 70 ossy A%.: Of sas
bound to put him In JAIL TO nne hi-ordinsrly 70
PM hun in tasnd II he s.i psrslsss kssp him 10
yul, Wthout any remedy; for In Of Commitment
for contempt no habeas corpus as your Honor know
can ever reach the prisoner; other court can releas
the President from this impsonmsnt BY habeas oorpos
or otherwise He k therefore, close prisoner of this
Court and TO remain there until he dies uness be per-
dent dcposcd Tho President made incsnabe az 49,.
forming the duties Of his ofnce Certainly jail Or
dungeon as may be- Is not AZ place perform The
the President incapable Of performing his dutiea What
e Tho effect Of that You have removed the
in which tho Presidents once becomes va".nt'
thar 10 Is incapable Of performing bis dunea You
have done more eiectuaiy than BY impeachment for
an impeachment does not deprive him OF liberty An
impeachment sets him at large and simply takes fom
him his official character, bu. the order or this court
puts him In jail and keeps him there until no PERFORMS
what this court orders him TO perform Oh, IL true
may vindIcste tho right OF any individual Who has
claim to have injunction against the Presldept
but 8 70 all the rest Of u.s. = TO the people, TO the
cumsances and tho exercise Of that powe What becomes
Of the public safety. the salls pops the supreme law
government bound respect the other branches Of the
government not 70 Interfere with their duties their
e ne a ns, n %
there by the psope. You leave tha government with
out head. You leave the Office vacant and the people
functions and these duos In the meantime unt thas
s done, everything q large, and there not law IN
oo that 30 q ossr no. -
be- removed There u lsft 70 proclaim nsurrsc-
;iCn 4 that shs happen There no one left e Per
republic q nation. ars reposed in the
President. 70 CORES. : particular svii, %
tn! s q Ss s.es: : no way
cordng to the gentleman but % depose that President
s %. sS: rssS
mot merely The State Of kiaassppi but every othcr
state Of the Union, and every individual IL this he
common case Of an ambassador who comes here nom
another who not the chief Of the govern.
bus Who smpy comes hers q soy.s
ernment Can you sue himY Can you make him No
bic, Can you bring him within the ursdcsio. q .hs
! sacred whyi Not On account q any natural dignity
rroign. lie 4 seat here By tho chlsf ssecutivs
or some other State; It may be : king; II may be
Il Is no more liable % suit hsTs shas tue foreign
himself would be-; NO matter what mischief he might
90 sy be 4 nos only nos liable @ civil sui, st 81 %
i've which cs have here i nom Sss.s ssiu 81 ~:
rick Bruce, should In moment Of pa1lou Kill soms ees
murder him, thing that Sir Yrsdsrck never WIN a
ent supps.s me e.ss- a. there cous y sss ysssS
fence, am putting he strongest a. posba a.
certainly not seut here TO commit murder Dss -
court In : the United. states tSss g ~ I'm fSsss
. great nisceid e y - hs hes dcss
su.s ssSs: 81 cs,ss yos cannot eosssss
that great mischief ana enormous wrong BY ne sessr
Fnmsut, able here 70 suit Or prosecution. ali yoa
- 10 remand MIN and send him oct 81 the ccun-
FOR The p. own govSrnm ya e punish nn
ds; Log over ni' Inc senusmsu, thsrsisrs aso
thsre 4 rie6t there ARGUMENT, ana snss wnssSver
wrong done there muss esSs y ris,ssr sSss
ro Sns my learned sS e ssd: ~, es ygss n
some authorities They ase< cssss shas Saye
been y ssC;s 'ni' &c c0al: e ...
Of the government, who have been ScoshG isso
those cases and this ' The various heads q dspati
who have bcen sued hero, such g was tho case o. Mr.
Secretary Of State At best but subordinaes They
agents to carry out the Executive power, but they
ar, s,sx Thsy Sse functions p
although they agents they arc public agents, and
mus. take care 70 soc our way very clearly when We
conduct how IL should DO done, whether M the
instance OF . private individual or otherwise.
tanned iur sdic.ion over the heads Of departments In
order compel them 70 execute laws arc cases Of mans
damus to compel Postmaster General Secretary Of
State or Secretary OF tho Treasury 70 do something;
and the Court will SEQ how stnct your Honors always
have been in maintaining their jurisdiction, how eau
again and again. but aiw Us with this limitation that
the thing required 10 be done ~ simple ministerial
scecse law Il Is thing as 70 which he has no dis.
cretlon whsicver-in which not the President merely
but law requires him to do some one thing he "
one thing In which citiEcn 10 Interested and he re-
fused 70 IT. Tho Court have said In such matter
as that, being purely ministerial and directed
BY Law, we win require that otncer % 90
that thing They have never said AZ 70 the
President where he directed by law 70 do some single
thing, although ministerial In us character merely In
,oving discretion or the performance Of any parc-
uInr duty except the duty 70 obey thst particular
statute that mandamus could against the President
n such case The gentleman can nd 20 authority for
any such dicrum that In the case q mere subor-
nate officer the Court may very well enforce s author
ity even the point Of imprsonine him for contempt
because taking Secretary from the head Of his de-
partment or an Attorney General from his Office, or
Postmaster General from that department. does not
stop the government does not interfere with
any great branch or department Of the
government The President Is there 70 make another
Attorney General or another Postmaster General or
another Secretary That does not interfere with the
public interests Tho government goes on just = well
whether on officer Is there another officer 10 put In
his place but notwithstanding that A. have said this
court has exercised that sort Of Jurisdiction very car
fuliv have not however found ike this case
IA which suit has entertained BY this court AGAINST
an executive officer such officer, or an injunction
allowed against him. against the performances o. his
duty a an executive officer IL is only 10 matter Of
a,tv N IN