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

- tuo Ouiy kFV0uQ OF SCANDAL or ODj0cflO
sne p 40 not think u amounts 70 anything az all
LOT we expect to show that the President Of the Unte
just ss smsnable 70 the process Of this Court
any other man In the United States
ihs oHrs JrsrcE-Ths Court viii first hear the At
torney Seneral ON the point OF his objection.
hearing him; bus before he proceeds viii ss.s 20 N.
coun tnas the manuscript bill contains clause which Il
our right to the Presdeus OF the Inited sat- ~
then proceed against Andrew Johnson a. a clti,a AZ
denne sea That Is not In the printed copy b. IS in
HE ARGUMENT ruE ATTORNEY GENERAL Ac.,,.-s rur
The ATTORNEY GENERAL tMr. srASaERY,-I IN. !. he
Court please now only argue the question whsthcr IN
which puTports TO make Andrew Johnson defer as
President Of the United States and to enos Iii Al the
execution Of his duties President sho DO allowed
70 be fled In this court must look 81 the bill far
enough 70 show In what relation Ancr johnson d
brought upon this record, and how Il !. understood.
not only BY myself but BY tho lcs.ncd gentle.
man who appear here to sustain the bill.
After reading several extracts from tho bin The Attorney
General proceeded Is perfectly manifest here tina.
The cass mads against andrew johnson 10 not made
against him individual natural person, for
any acts he intends TO do Andrew Johnson the man.
but altogether in his Official capacity as President Of tho
United States 1t is against he exercise Of power by the
President that complaint made The evil complained
Of 20 ar - be s concerned in the execution Of what
he CONSIDERS % be his ociaa eusy they say noswish-
q tho execution Of those a The IL s q
for these schefs in which Andrew johnson il involved
as an executive ocer and President which they
claim relief and they ask this court to make him party
defendant They ask this court to submit him, Presi-
and to bring him as President within the power Of
Of equity to is Ssceses wo 70 DO
that IN regard TO these laws which this court deem
70 be- proper certainly am not mistaken in saying
that the gentlemen themselves In their brief treat this
not as bill against the individual the natural person.
but bill against the President President and against
The gentlemen in their brief admit that this d case 81
the rst importance They say they have precedent
which this Court win md power 70 bring The President
here and make him perform the behests Of this court
i will be observed that there u allegation that the
which President he is not authorized 10 do The ae
CATION Is that no about certain laws passed
these laws but than s e Coz % Ssess
judge Of ms duty as President than The Presl-
dent himself; and that when he seeks 10 execute
law and 70 avoid impeachment unfahful 20 hs duty
o. Executive this court Is 70 interfere and tell him what
ms duty y N the premises, and compel him to perform
upon which the gentlemen rely not az ia point but -
n close analogy And FIRST o. al ia what was decded
course Of the prosecution against Colonel Burr, his
counsel deemed It necessary that they should have pos
Session o. certain Letter. written 70 The then President
appear whether u private letter an Official letter
put 4 was said 70 be- letter in the pos.
the court 70 the President, commanding him
argued BY the counsel for The United States ana
~ the counsel for Colonel Burr; and although the
counsel for the United States did not admit that euch
procesg could be Issued against tho President they
waived the point and tho whole argument was upon the
right q ne party y have ne paper ITSELF They got
satsd The other point that according % their idsa
subpoena could mot issue against the President How
ever whsa Chief Justice Marshall came to decide the
matter, undoubtedly be OF the opinion that sub
pHna might against the PTesdsnt a President to
produce paper IN his possession President Tho gem
procsss the Court BY subpoena to testify he il liable 70
lhe proc sAd shs sCton Of the Cont a. party 10
sSds any osts s, waiss re so.rs may make win 60
Yths andng the opinion that was delivered by the Chef
~ Se Court came % point IN which they would
M Is s I'D aos S Sss sss %
ssy ns: y. no ~ make any
| kne. shs s S. soe vSa = h as amer per
81 : g ne 5ss y such
occayant He ssnt No k1kcase 70 sne1 me
made no return p the subpoena that publ. Sus.
he simply wrote letter 10 the District Attorney in
which he stated he could not conceive how that
20 90 there by subpoena that hs would not Co. that he
did not propose 20 60; but he said 70 the District Ator
nsy that thers was no difficulty in obtaining the paper
subpoena Tborvopon Colonei Burr himself moved for
compelling process 70 compel the President 70 como.
that the Pres dent amenabIe 70 subppna, right
the Court bound st tho instance or the defendant
obsdence 70 is sSiul order Al that point, however,
the Court hestated, and not . step further swAs
By the Chief Justice. Il then became quite
TOO apparent that very great error had been
committed say very great error with the greatest
prius suddenly, on motion OF this kind, had held that
the President Of the United states was liable TO the sub
prna OF any Pres dent L. not the proposition
the purposes for which President Is put In the execu
tive CHAIR that whenever there are any controversies
between individuals any where In tho United States and
the President In his natural capacity even happens 70
know nyhng about them wherever the process Of the
aui. his ofcc, to leave his place a the head Of the
government and to attend TO the business OF the ndi-
viduai citizen, REM. his duties oyer the whole ana
OF Burr an attempt was made TO distinguish
between the President and King or Queen
OF Great Breat Britain for u was by every
one that there authority in England for suit
o subpoena any commsnd 70 the head Of the govern
that dspcpdsd upon tho divinity which hedsod king or
head lnat with our President bad no such
immunity; that no could do wrong. although the King
OF England could not do wrong that no was liable TO
punishment and liable, under certain circumstances, TO
process and they attempted 10 make distinction be-
tween the Undoubtedly, far ~ the mere indvid
ual man Is concerned there II great difference between
the President and king; but lar o. tho oicc con-
cerued, Tor his position IS the great EXECUTIVE "
this Government concerned, dsny that there Ia a
particle less dignity belonging TO tho Office OF President
than the onics OF King Of Great Britain or any other
potcnate the face Of tho earth. He represents the
majesty OF tho law and Of the people fully and as
essentially and with the same dignity, - does any abso
lutte monarch the head Of any independent govern
msnt In wor Id II not upon any peculiar immunity
thar the Individual has who happens 10 be President nor
upon aoy idea that he cannot do wrong,
upon any idea that there is any particular
sanctity belonging 70 him a. an indisdua-as Is
the case with one who has royal blood in his veins;
but il 10 on account OF the Office that he holds
that say tho President Of the United States Ia above
the process OF any court, the Jurisdictions Of any
court 10 bring him 10 account a. President. lhero
a ouIy one court quasi court that he be called
upon 10 answer 70 for any drection or duty, for doing
anything that ID contrary 10 law, or failing to do any
thing which according TO law and that s not this tr
buna, but which sits In another chamber Of this
Capitol There no DO called and tried and punished
but net here whilo he PRESIDENT and after no has
been dealt with in that chamber and stripped Of The
robes OF Office and he longer stands the represen
tatvo Of the government then, for any wrong he has
done 70 any NATURALIZATION any murder any crmo OF
any sort which he has committed Prcsident-then,
and not t them he be subjected 70 tho ursdicton
or the couri Then 10 the individual they deal WITH
NIT a pouplo. But what would