New-York tribune., 1867-04-13

1 3 hre b b ,s President; and after he has been
ealt with in that chamber and strppeu tatye VI @ Of
lffice and he no longer stands as the representa-. 49,"
he SoyeTnmpnt and-then, for any wrong ne mas aonu
any Individual for any murder or any g,o bsn and net
m then can he be subjected TO the jurisdiction Oi so
Courts Then, it the individual they ae % the
eopsequences if your honors should issue this suope
against the President now, ana, hke MI, isnsS and
as so far his law officer, ne shan DC ~ tIs
decline TO obey it not ON o. "a, any yce W;e6 he fills
IL your hOnOrs should entertain TINS case anu S ia
supens to issue to the iesaeh' Ws VIM tbe nation en-
tqraips higher respect for this Court than he arn
the custodian o. th%t olee @ a as Johnson speak
II As for the Presdcnt He has no phrtic @ 90 taLo
dignity of his owa TO take care Of but he is bound 10 h1 @
care Of the dignity the rights and the prerogaMNd NV don
belong to him President. The one ne nS rot 1 Law
and be as humble as he plenses The other he cannot 9
doyyn What then will be the consequences may suS
gest them. III under such advice ana hncn ~, docnes
neyitable if this subpoena issued the Presuen h
40 hav II treats the writ issued 20 him as one WIoh nc
cannot obey what next must your llVoiS oiied unon
an do in thecase of Burr The gentlemen az once NOV M
i'm this Court for am attachment against tne ISL he o
tend and answer this complaint II the President Is %
the subpoena and the gentlemen say ne ne ~ ~ s served
TO answer defendant and when 'ne IfI snb
pon him whether he comes or not II ~ u , m w.
pena is within the jurisdiction OF ls 80 NV d cverv
party here and bound Therefore ny every ~ ~ " w" & y
order which the Court makes IN the case What t]nct ]
tle Orderl WHAT'S the reetf What IL tlo osident
that these gentlemen equrel II is ihat ne as riesum
shall enjoined from performing ana eIsGhms Ne h NV wa
of n,
service of the subpoena the Court proceeds IN the case
and finds it a ease which they are ioauy
TO order an gnd mgudIc'ihTin hir NOT to execute those
laws, and Notwithstanding the PRESIDENT goes on 20
eXeeute Them what followsf What follows eyltaDy II
the Court is right in granting the Inh1 @ te
COnrt must sustain its own dignity, tor your ohus
have dignity and power to be Observed as well rs Tue
President The next step here hen IL 10 nono loI az an
attachment rule on the President, 10 snow cusc wy
an attachment should not issue against him, for what
Fer a contempt Of this Court That whereas the Court
ordered him TO abstain from proceeding further IN ue eN
ecutOn OF these laws, IN defiance OF tat OdeI the es
dent has gone on do something In execution ot the
laws Ike is therefore brought here by what kind of pro
oessg by process quasi criminal; by process OF ataCh
ment TO answer for contempt Of the Court. Now, we
have subpeuas longer. Now we nave process ColIe
we come the proper point process that goes 10 the
Marshal commanding him TO Drng Tue porsV, y,
this Court for disobedienee OF its process
order 10 give the relief that is claimed. What sort OF
spectacle have WEI One great department. OF TINS GOV
partment Of the eprcsentedby the President
Is brought before the judicial Department Tor what pu
posel To be punished erlminaly Tor II ne STATUS out
and makes apology 10 the Court, and does not purge
himself of the contempt in falling TO obey us orders une
To put him in Jail and il hc still persists TO keep MN IN
JAIL without any remedy form cases OI colhtIheht lor
contempt no habeas corpus as your Honor knows can
ever reach the prisoner other Court release the
President from tins imprisonment by habeas corpus OF
and 10 remain there until he dies unless performs the
orders Of the Court What then The President deposed
The President made incapable Of performing the duties OF
his office Certainly jail or dungeon as II may De- u
not tit place 70 perform the duties and functions OF
Presidents you have made the President incapable OF per
forming hs duties. What is the effect Of thatf You
have removed the President for that one OF the con
ditiOns in which the Presidents office becomes vacant
that he is incapable of performing his duties You have
done il effectualiy than by impeachment-for an
impeachment does not deprive him of liberty An I'M
parchment him large and simply takes from him
his official character but the order of this Court under
these circumstances takes him as Presldcnt ana puts
him JAIL and keeps him there until ne performs what
this Court orders hlm TO perform on II Is true that
vIndcae the right Of any Individual who has some claim
TO have an lnlunetOn aScst the IresluehI' put s W
the rest OF u.s. as 10 the people az 10 INC .
ITSELF what becomes of us under these circumstances ana
the exercise of that powert What beeomes OF ihe pupc
safety the sdS Pop the supreme law OF an laws that
this Court, coordinate branch OF the Government
bound to respect the other branches OF the Government
herrghtstha ts Court has In effect taken destIoysd
annhated the President that is put there by the people
You leave the Government without head You leaye
the office vacant and the people must go about 10 get
another President o perform these functions and these
duties In the meantime, until that Is done everything
is at large and there is not law In the UnNed states
nor an officer that can be removed There left
to proclaim nsurrectiOn, IL that shall happen There Is
Of the republc as nation are reposed in the President
To correct particular evil 10 guard particular ndi
dent there no way according to the gentlemen but TO
depose that President by proceeding Ike this and for
which affects, not merely the state OF Mississippi
but every other State OF the Uon and every individual
Is this the way treat the head OF the Goyernmentf
Take the Of ambassador who comes mere
from another Government who is not the ehct oi inc
Republic but who SIMPLY comes here 10 represent Tor
eign government Can yon sue him Can y9n make %
OF tins Court or any other Court unless ne cnoosss
His person is sacred w6yi Not on account OF any
tura dignity that appertains 10 him. but because he re
presents a sovereign. He is sent here by the Chief
Executive Of other State; 1t may be King;
IT may be President, and as representing that
foreign Sovereign liable to suit here than
the foreign Sovereign himself be- matter what
mischief he may do say he is not only not liable to civil
suit but criminal proceedings II that very popu-
ain, Sir Frederick Bruce, should in a moment Of
our own citizens absolutely murder him thing that Sir
Frederick will do; but suppose the case Is there
court in the United States that could try Sir Frederick
Bruce for that ofense putting the strongest case
possibe-that he commits murder here OF one OF our
citizens He certainly not sent here TO commit
murder, but he happens to commit murder and say that
there s not court In the United States that try him.
There s great mischief TO be sure he has done great
INJURY he has taken life but in that EXTREMIST Of all
wrong by the greater wrong OF making him. the represen-
tye Of another government liable here TO suit
icnion. All you do Is, 10 remand him. and send him
aut of the country and 10 require his Government TO
punish him for the offense he has committed You have
no Jurisdiction over him. The gentlemen therefore
altogether wrong In their argument and that wherever
there is right, there must be remedy, wherever
there Is wrong DONE there mnst be means OF rigtng
that wrong Not sO at any rate in this case UpOn this
point my learned friends in their brief report refer to
this Court OF preceding not against the President but
been brought Court or made amena6le to
the process OF the Court First let say that there
a clear diversity between those cases and tins The
various heads Of Departments who been sued here
sneh the OF Mr. Kendall, and Mr.. Guthrie,
and Mr. Madison while he Secretary OF State are at
least but subordnates They agents TO carry the
Executive power, hut they not deposares OF the
Executive power. They merely agents. They have
functions TO perform and although they agents. they
are public agents and we must take care TO see our way
very clearly when bring them into Court for official
action official misconduct, how il should be done,
whether at the instance Of private individual other
wise. The only cases in which the Court have main
tained jurisdiction the heads OF Departments in
order to compel them 70 execute laws Of
damus TO compel PostmasterGeneral Secretary Of
state, or Secretary OF the Treasury 10 do something
and the Court will see how strict your HonOrs always
have been in maintaining that jurisdiction, how cautious
at every step That jurisdiction has been exercised again
and again. but always with this Imitation that the