Year: 1867

In the Supreme Court, yesterday, the motion
ms1e by Mr.. Sharkey for leave to file a bill of
Injunction on behalf of Mississippi against
President johnson and General Ord, having
been reached


The Attorney General said the point upon
which he proposed 10 oppose the fling OF the
Mississippi bill did not as he was then ad
vised, rest on that Of Georgia. The Mississip-
pi bill proposes TO make the President OF the
United States as such defendant in this
Court. 81 object to the bill on that account
as, In legal sense OF the term, scandalous."


The Chief Justice announced that the Court
would consider the question relating to the
bill filed by Mississippi alone.


Mr.. Sharkey said the question suggested
by the Attorney General would be argued nv
his colleague, and said the argument amour ted
to nothing. They propose TO show that the
President OF the United States is just as
amendable to this Court as any other man IN
the United States. The complaint asks this
Court TO blect him TO the process of subpoena
to compel bis attendance, and bring him, as
President. within the the power of this Court
and compel him 10 do that in regard to the
laws which this Court deem to be proper.


The eAttorneyGenerale entered into the history
ofasomewhat similar proceeding in the case
OF Aaron Burr, In which Mr.. Jefferson re-
fused to respect or acknowledge a subpoena of
the Supreme Court, maintaining that the Court
erred In issuing the process. He maintained
that the proposition was subyersiye of all
ideas Of what government is. and OF the pur.
poses for which the President is put into the
Executive char. He asked the Court what
would be the consequence should the Court
issue TINS subpoena and he decline to obey II,
He is bound TO take care of the rights dig
nifty. and prerogatives that belong to him as
President of the United States. The Attorney
General has no doubt that the President
weuld refuse to obey should the Court issne
the subpoena demanded, and traces the events
TO their close, which in the ordinary course
would leave the President in jail for contempt
OF Court leaving the Government without a
mead, the Office vacant, and the people must
60 about TO get another President The Attor-
ney General goes on TO show the different ef-
rect OF an action against Cabinet officer and
one against the President, but makes the poin:
that in all cases where officers of the Govern
meEt have been sued, IL has been TO force them
10 90 sometning, never to restrain them from
performing their duties as Executive Officers,
and that II is only in a matter of plain minis
terial duty to be performed that the Court has
lnteryened by mandamus. 1t is argued that
the suit Is against the United States inst as
much as IL 1t were brought against them by
name.


Mr. Stanberry in concluding his argument.
salo: Ihat II is with the appreciation and ad-
vice OF the President that l appear here to
make this objection. / should have felt bound
10 make II on my own motion, as the law Off.
Ger OF the government, but this must say in
defence of the President, although the gentle
men in this bill have said that he has vetoed
these acts of Congress as uncoustit1tionaI
When the President did that he did eyaryth inc
ihat ne intended to do in opposition to these
laws. From the nome mt they were passed over
his vetoes there was bat one duty in his estima-
tion resting upon hum, and that WAS faithfully
to carry out and execute these laws. He has
instructed me 10 say, that in making thisI OBJ
lection it Is not for the purpose OF escaping
from any responsibility, either TO perform or
refuse TO perform, his duty in the premises.


*. j. walker followed, maintaining the lu-
risdicton Of the Court. and continued his ar
gument at great length.


After the close of Mr.. Walkers speech, the
Judge asked the Attorney General if he
wished to reply.


The Attorney General was willing to sub.
NIT the matter without further argument


The Court holds the matter under advise.
ment.