The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-01-12
Subpoena for the President.

A I,lngha,nton, N. Y, man threatens
to subpoena. President Roosevelt IN
Inv. SUIT which is on tho calohdar iof
tria, in tho Supreme Court OF 17roo''''
county. And tlloreupon the NC" 1orh
tribune expresses the hopo that nc VIII
a., az "a it would be interesting as wcli
A., useful ITO have new demola Sl'
Of Tic prcrogative Of the Executive ONCE
as on independent and coordinate nrtlhcn
al tho government
The Tribune goes on to say that inc
President does not respond to subpoenas;
that he Is the equal of tho courts any
not answerablc to them, and II aous
that Just about one hundred years ago
That doctrine was established by no less
q nerson that, Thomas Jefferson IN an
taronism to no less r. person than the
great Chief Justice Marshall. When pre-
siding at Richmond over tho trial OF
Aaron Burr, Chief Justice Mnrshal' Is,
sued subpoena to Thomas Jefferson
then President OF the United STATES
commanding him to attend as a Wit
ness and to bring certain puhlic docu-
u,ents bearing upon the charge. Presi-
dent Jefferson caused the desired papers
to be forwarded to the court, but, Tor
hmsclf, ignored tho subpoena, and dd
NOT stir from the White House. The
Chief Justice saw himself defied, and,
Though a man of determination, infleXibly
lent on strengthening the authority OF
his co,rt-an aim in which he was sue
cessful beyond anything the world had
ever seen in the judicial donain-te con-
cludcd not to press the point and the
Tribune snGaciously concludes that
where John Marshall failed the gents
man from Binghamton is not likely to
BE- successful. But, by ali means, let
him try
The President not only declined to
comc TO Richmond In person. but held
that he had the right to determine what
papers should go out OF tho Executive
Office. However, he promised to send
| all that the ends Of justice might re-
| nuIrc. In n subsequent settcr, also ad-
| dressed to District Attorney Hay, no pro-
| fessed readiness to give him by deposition
| the testimony Of the executive officers,
which Burr might dec, important.
AS to tho writ requiring his personal
attendance, tho President excused HIM
self from a compliance with what he
regarded rs incompatible with his official
duties and repugnunt to tho intention
of the Constitution. Agan as to tho
l,apers tho President said there was q
public and private slide to tho Executive
once; to the latter belonged nero on
ecutivo proceedings, and the last were
OF be communicated only 80 far as the
public interests do not forbid, of which
tho Executive must BIO tho Judge.
4. In fuckers Life Of Jefferson. It II
stated that the court Judges Marshal
and Grimm, having decided that the party
accused had a right to summon M
President generally, as well as to compc
the production of papers. Mr.. Jefferson
leaving the reasons against non-comPn
ance to be considered on the return O
the process, examined this opinion a
some length In letter to Mr., Hay
dated the Goth OF June. The Preslden
thought that as tho Constitution hui
Imposed on him particular set OF duties
of a permanent character. 1t supersede
tho general law, which subjected him t
the minor duty of giving oral testimony
That 1t was analogous to tho casa OF
Judge summoned from the bench by
, sheriff to aid In supprcsslng riot,
! ah.ch the greater duty would preya
: over the less; and that 1t would confI'
: with the independence OF each of the CO
G ordinate branches of the government !
one another. II the Executive were s,ll
oect to the commands" OF the judlclar
and TO Imprisonment for disobedience.
The papers asked for being furnishe
by the Executive. the question of cor
pc Hing III, attendance of tho Piesde
was not decided" adds Professor Tucke