Bismarck tribune. [volume] (Bismarck, D.T. [N.D.]) 1878-1884, 1881-11-11
ARTHUR'S WILL.
He Has One of His Own According to
the Washington Star.

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The Washington Star says that putting
this and that togetherit is learned that
the recent meeting of the cabinet after
the presidents return from Yorktown
was a very important one. In thecourse
of the debate the attorney general stated
that he did not consider it being part of
his business to give attention to criminal
prosecutions. The president replied that
this was great state trial, and that the
whole country looked to MacVeagh to
see that it was conducted properly and
efficiently. MacVeagh said there was no
law or custom for the attorney general to
appear in criminal trials, and said he had
been told so by Judge jeremiah Black.
The president then quickly and some
what angrily asked MacVeagh how it
had been in the trial, Of Aaron Burr.
"Oh! but that was trial for treason"
MacVeagh replied. eyes," said the
president, sand this is a trial for murder
ing tho chief magistrate of the nation,
and to my mind it is the positive duty Of
the attorney general to take charge of the
case" MacVeagh then reiterated that
the law never contemplated that the
statutes of the United States authorized
the attorney general to appear for the
government at any time, in any federal
court, in any case in which he might
deem it his duty to do so, and referrrd
McVeagh to the particular section of
law. BY this time there was good deal
of excitement around the cabinet table.
The lawyers of the cabinet being appealed
to, they agreed with the president. AS
MacV Veagh maintained the position that
it was below the dignity of the attorney.
general to appear in criminal
case, the president then asked him
if he had done anything to
obtain counsel to assist District Attorney
Corkhill in the prosecution of Guiteau.
MacVeagh said he had not; that ''that
was duty which belonged to the dis
trict attorney himself, if he desired addi-
ticnal counsel" The president, with
considerable warmth, said that was new
suggestion to him, and that either Mac
Veagh or himself was very ignorant of
the law. According to his reading Of the
United States Statutes 1t was made the
express duty of the attorney general to
engage assistant counsel where, IN his
Judgment, the interests of the govern
ment require it. MacVeagh says he took
a different view of his duty, and did not
consider himself bound to take any part
in the trial of Guiteau, or to procure adj
ditional counsel for that purpose. He
said that in the star route cases Col. Cork
hill had suggested a desire for the en-
ployment Of VIM. A. Cook as additional
counsel, and MacVeagh had nothing to do
with him. Col. Corkhill could do as he
pleased in the matter. The president said
he was determined that the government
would bave able counsel, and he would
direct himself if MacVeagh declined to
do so, that Judge John K. Porter, of New
York, and Walter Davidge, Of Washing.
ton, be employed as additional counsel in
the prosecution of Guiteau. MacVeagh
then said that if the president desired
it to be done he would employ the gen
tlemen named. It is said that at the clese
of this somewhat remarkable cabinet
scene. the president rem arked that the at.
torney generals knowledge of law would
be greatly improved by reading the stat
utes of the United States which defined
the duties of his Office.