The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-04-16
Our Washington Letter.


Our Washington Letter.
ESPECIAL CORRESPONDENCE OF THE DAILY NEWS
/ TIE CAPITAL, April 13, 1867
THE SUPREME COURT PET1rIoNED TO ENJoN THI
| PRESIDENT.
Nothing has la.oly attracted public inquiry ano
presence to the United States Supreme Court, sc
much as the arguments made yesterday before
that tribunate in behalf Of A1ssissippis petition
for writ of injunction against tho President, as
| the administrator of the new military Reconstruc-
ton Law in that State Friday being the regular
day for the presentation of motons" legal circles
and public-minded men, generally, were in attend
ance in great numbers to hear the argument upon
the issue in question. The bar and encirchnG
aisles presented On array Of distinguished person
ages not ordinarily brought together: In favor
able position sat General GRANT, and, in indispu,
table exempIfcation of the saying that the devil
always has an eye to courts stood impeacher ASH
LEY of the lower House, attitudnizing and trown-
ing dramatically in of the Bench itself.
The Georgia injunction case, which comes up
after the disposition of iIE, sister suit, was fully
represented by its counsel, ready and vlgilant to
forestall the points of the Attorney General MADE
in the present instance, and which, in oil probao-
ity will be applied to their own side OF the ques-
tion at q later date.
THE COUNSEL
For the case in point appeared for tho petitioners
Governor Sharkey and Robt. J. Walker. Opposed
stood Stansberry, the law adviser Of the Admins
tration The latter, of course, had the opening OF
the argument, and rare and powerful plea It
was. StansberTy has the very air and presence OF
| great lawyer. Grey, grizzled, and angular. AS
stiff as Sergeant-Major, and as wary as 2 wizard
Knowing all the lodges and quirks Of the pro
fession, and up to trick or two not generally
current among his craft, he is calmly sef-rehant.
With face as dry and pointed as his logic, keen,
heavily arched eyes, and q certain conclseness OF
utterance that is eminently Source OF satlsfac-
ton to their Honors. In all respects the Attorney
General looks the craft of which he is onc, and
conveys to the observer q strong st use OF power
and professional emnence He has not advanced
ten minutes into the protest against his endeavor
to restrain his chief in the exercise OF the late Con
gressional enactment before it becom - evident
that the advocate is entering upon no new ground
of Jurisprudence so far as he is concerned, but IS
advancing with all the rapidity and fuency OF pre-
Judgment and careful research. The whole theory
of the case is Instantly made to turn upon that to
u.s. novel consideration of the inviolate nature OF
the Presidential Office. We are told that AN
drew johnson, Of Tennessee" garbed In the ma
gisterial robes, becomes, for the term OF office,
person and name too sacred either to associate
as party principal in suit before the Courts,
or as the subject of writ of attachment OF quo
,oarranto. The petitioners. must learn that there
might exist exceptional cases, where the possess
sion Of right did not thereby insure remedy.
And this was one of them.
the positive assertion OF authority by the courts
and he, as the law adviser OF The pre- sent head OF
the Government, would so instruct hjs chief, and
counsel prompt refusal to comply with any writ OF
attachment which this Court might direct against
his person. True, there was tribunal, which could
take authoritative cognizance of the Presidents acts
and demeanor in Office, but that came In no closer
relation to this Court than by the provision OF the
Constitution which provides that the Chief jus
tice shall preside over the Senate during the tln'o
.tco1P irto ioh
ment. After being stripped OF his robes OF office.
and deprived of his dignity as the Chief Ruler Of
the nation, by this latter Judgment Andrew john
SOD, or any other occupant Of the executive chair
brought before the Supreme Or other Court, not
to be dealt with as President, but for sentence
as citizen; who had betrayed his trust, and as u
man who had sinned against the State.
was eSpressiby fine, and evoked not q little dra-
matte sensation among the distinguished leglsts
within the bar, and the straining and attentive
crowd, which encircled them. The Bench itself
appeared unusually animate, even Justice Fields
B 1s e
ROBERT j. WALKER FOR THE PETITIONERS.
AIr. Stansberry occupied about an hour in open
ing the argument; Mr. Walker held the toor
double the time, and is yet to finish. It was dif.
without the bar to repress smile at the ineyl-
table contrast that would force itself upon the
notice regarding the difference in the persomnels
of the two advocates. If Stansberry had tho
length and directness of Parrot gun, Walker
may certainly be classed among those powerful
little engines, the ''Cohorn mortar" His shots are
always directed -up%a411s und IN tie fHff arS sure
to burst Unexpectedly right in the enemy.s midst.
He is wonderfully effective piece Of judicial ord
counsel Of Governor Sharkey, and the long granged,
coulcal- pointed shells Of the Attorney-General
must needs be aimed with more than ordinary pre-
cision to harm him in vital spot.
In the latter instance the argument was more
discursive, because it not only anayzed the open.
ing plea, but reviewed nearly the whole field of
precedent and analysis embraced in the petition:
It was capital commentary upon the character OF
republican institutions as compared With monar-
chical customs and immunities. "That the hing
can do no wrong" was shown to have no shadow
OF adaptation to the acts and discretion OF our
President. A British crcwn, indeed, might set
aside the mandate Of Englands court, ii, indeed,
such tribunate had the temerity to issue process
against the sovereign, but that was q bench whose
very name Of the Queens Court denomlnatsd lts
subordinatiop to the executive.
The whole argument was replete with quotations
from eminent jurists and precedents in point, pro-
nounced. it is true, with the simplicity and shrlll
treble Of child, but with fuency and exhaust
less energy that indicated the fire and master In,
telect within. IF the Bench had been wakefu and
attentive before, it was absorbed and douDly
watchful now. Pencils were in requlsltlon, and
their Honors were pleased to make frequent memo
the % interchangeable advocate progressed. Charles
O'Connor, Ex-Attorney General Black, Reyerdy
johnson, Ex-senator Cowan, Sharkey, Jenkins,
stansberry all followed the line of argument with
vigilance that was proof in itself how well
the way Of advocacy had been chosen.
Though not complete, the argument in question
is already classed among the finest pleas that have
been made before the Court; and it's resumption,
upon the opening Of the Court on Monday, will ull-
doubtedly be attended with even more evidence
Of public interest than at the outset. YlDEA.