The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-05-17

States concluded that Il vas the right
Of the defendant to have a subpoena
duces tecum issue 70 President JeffeF.
son And in delivering the opinion OF
the Court Chief Justice Marshall
among other things observed as fol
lows.
Much has been said By the attorneys
o. the United States about the disre-
speci to the Chief Magistrate and 70
those who occupy higa Official position
These observations vii be truly
answered BY tie declaration, that this
court feels many. perhaps. peculiar
motives, for manifestiug as guarded
respect for the Chief Magistrate OF the
Union as Is compatible with its official
duties. To go beyond these would ex-
hibit a conduct, shi-h would deserve
some other sppellatIoM than the term
respect"
1t Is not for the court 10 anticipate
the event Of the present prosecution.
Should il terminate as is expected on
the part OF the United States. ali
those, who are concerned in II, should
certainly regret, that a paper. which
the accused believed to be essential
70 his defense, which may, for aught
that now appears, be essential. had
been withheld from him. / will not
say, that this circumstance would. in
any degree. tarnish the reputation OF
the government; but | will say that
IL would justly tarnish the reputation
OF the court.
Might 1 be permitted ID utter one
sentiment, with respect to myself, il
would be to deplore. most earnestly,
the occasion which should compel ne
10 look back on any part OF my Off
cial conduct with so much self-re-
proaeh as | should feel. could l de-
clare, on the information now pos
sessed, that any person accused OF a
grave crime is not entitled 10 sum
mon an official TO appear in his de
Tense, no matter how high his official
station may be-
II was alleged in this case that the
duties OF the President OF the United
States, the duties which he owed the
Nation as a whole, were so great, so
manifold and Of such great Importance
10 the community. that while il might
promote justice II he were called up
on to testify before the Grand Jury
or before a Court in a particular case,
yet that the ends of society would SUI
fer and there would be no one to I'LL
his high station while he was absent
from the seat OF national government
appearing before a court to testify,
and II he could be summoned before
the United States Court az Richmond
to testify, he might be Likewise sum
moned to testify by courts in remote
parts Of the Union. That was answer
ed by Chief Justice Marshall as fol.
lows:
If upon any principle. the presi-
dent could be construed TO stand ex.
empt from the general provision of
the constitution, II would be, because
his duties, as chief magistrate, de
manG his whole time for national OBJ
1ects. But II is apparent that this
demand is not unremitting; and, II
IL should exist at the time when his
attendance on a court is required, II
would be sworn on the return or the
subpoena, and would rather constitute
reason for not obeying the process
of the court, than a reason against its
being issued. In point of fact it can.
not be doubted, that the people OF
England have the same interest in
the service of the executive govern.
ment. that is, of the cabinet council
that the American people have in the
service of the executive OF the United
States, and that their duties are as
arduous and as unremitting. Yet il
has never been alleged, that a sub
pOena might not be directed to them
r., t,4
subpoena TO a person, filling the ex.
allied station of the chief magistrate
is a duty which would be dispensed
with much more cheerfully than il
would be performed: but, If il be a
duty, the court can have no choice in
the case"
Now gentlemen, following the preee-
dent set by Chief Justice Marshall in
the case of the President OF the United
States. against whom the Chief jus.
tice held a subpoena might issue. !
say 20 you that il is your right. your
privilege, and your duty and one that
you ought not in anywise TO avoid
or 20 eyade or shirk, 10 summon be.
fore you the Secretary of the Terri
tory OF Hawaii. and il you deem il
necessary, any other official OF the
Territory OF Hawaii, and the other
gentleman named by your Foreman
swear them again. require them to
answer such questions as you deem il
proper that they should answer ma
terial 20 the investigation which you
have in hand. and il they decline to
do SO you viii report the matter to
this Court
The duty OF making laws for an in.
telligent. 3 civilized. a property own.
ing and a tax paying people. is as
great a responsibility as can be i'm.
posed upon any citizen. The honor
is so great that II can hardly be esti.
mated or measured by mere words.
The honor is so great that the pay is
generally treated as iuconseQuential
II men who are elected at the hands
OF free people 10 serve them In 4
law making capacity are TO be stig
matixed by wild rumors or by sland
erous statements. Il viii come e
pass that no citizen viii be willing
70 accept a station Of that sort who
does not care to be stigHnatixed him.
self by having a sweeping charge OF
bribery preferred against him By some
one in high Official position and pub
lished TO the werld in the newspapers
nor does he desire. nor viii any self
respecting man permit his wife and
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