The commoner. (Lincoln, Neb.) 1901-1923, April 08, 1910, Page 10, Image 10
PHiwirgwtfiTOiiiiMiii-i'' jit mmmmirr" ""'"- ntmmitiwimiitMt-ttmimMmmmtmtmtim MHMMMNMiM r,wB-'f7r'' '-"T''f1'- 10 The Commoner. VOLUME 10, NUMBER' lit. !-y. rKr'!1-': -48" i I 1 t ' e ' When a President Was Summoned to Testify Two vory rccont events In Ameri can political history liavc sent tho constitutional authorities and stu donts to tho old books. Tho first happened when both sonato and houso wero debating tho propriety of permitting members to answer a summons issued by a judge sitting in tho District of Columbia; tho other whon It was suggested that President Taft might bo Invited to tako the wltnoss stand in tho Balllngor-Pin-chot controversy. Some of tho de baters insisted that such a caso had novor arisen and. particularly in tho latter, thero woro those who Insisted that tho members of tho investigat ing committeo who declared that the committeo had a right to summon tho prosidont could not show any prece dent to warrant such a proceeding. All of which paves tho way to tho case in point. Aaron Burr, lato Vice President of tho United StatOB, was trlod in tho United States circuit court hold at Richmond, Va., at tho spring torm of 1807. Ho had been indicted for tho crimo of high troason, in levying war against tho country, and for a mis demeanor in proparlng a military ex pedition against Mexico, thou a ter ritory of tho king of Spain, with whom tho United States was at peace. Tho ovont was most romarkablo of any that had, up to that lime, marked tho judicial annals of tho nation. Burr had but recently boon a can dldato for tho presidency and had lacked biU one electoral vote of suc cess. Thomas Jefferson had beaten him, but Burr was made vice presi dent and as president of tho senate acquitted himself in such a manner as to add to his reputation. While yet vico president ho had killed Alexander Hamilton in a duel and thereafter was hatod by tho feder alists, while the followers of Jeffer son believed that he had been unfair in his contest for tho presidency. At a time when his fortune and influ ence were waning ho conceived the idea of invading Mexico and created tho rendezvous at Blennerhassett's Island. Then came his communica tion to General Wilkinson and the story of how he finally disclosed the plot is history. ..Presiding over tho court was John Marshall, chief justice of the supreme court of tho United States, and be fore him Colonel Burr moved that a subpoena duces tecum issue, direct ed to the United States marshal, com manding him to summon Thomas Jefferson, president of the United States, to appear bofore the court and bring with him, according to the exigency of the precept, the papers desirod and designated in the pris oner's affidavit filed, especially the letter of General Wilkinson to the prosidont, dated the 21st of October, 180G, and addressed directly to him. Counsel for the government vigor ously opposed tho motion. It was declared by them to be wholly un- The Sublime Oberammergau Pa ssion Play In tho little vlllago of Oborammorgau In tho Bavarian Highlands, tho Sacred Drama of tho PaBslon Play of Josus tho Saviour, will bo presented this summer. It has boon presented ovcry ten years by tho people of this village as a rollglous foto in fulfillment of a vow made to God conturlos ago in return for Ills mercy In delivering them from pestilence and sparing tholr lives. It will bo an ovont of world-wldo Interest Al ready tho full capacity of many steamships has boon sold out for months ahead to thoso who will mako tho pilgrimage to seo this won dorful roligious coromony. "The Passion Play" on Post Cards At enormous expense the original photographs taken from scones in tho Passion, Play have been secured and reproduced in many beautiful ?n a'nn J ar(fla-flvo .Yf" ln ular post card size packed In a neat box. ready for mailing. 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U iearn 0ur Dlan Y Which w a'iit unu, CUT OUT AND SEND US THIS COUPON AT ONCE THE COMMONER, Lincoln, NcLrankat Enclosed find ono two-cent stamp for wrapping and mniiin ef tho, set of tho Wonderful Passion Play - posicds wll ? i "" out 1 may secure tho complete sot. Pleaso advlso o how AMK i ADDRESS necessary, without any precedent, in consistent with the president's offi cial position and duties, and that it only tended, if it were not deliber ately designed, to disparage and af front him. The discussion before the court lasted several days, and after the arguments were completed the chief justice delivered the opinion sustaining the motion. The opinion was long, but some extracts will servo to indicate the reasoning on which tho conclusion rested: "It remains to inquire whether a subpoena duces tecum can bo direct ed to tho president of the United States, and whether it ought to be directed in this case. "This question originally consist ed of two parts. It was at first doubted whether a subnoena could issue in any caso to the chief magis trate of tho nation; and if it could, whether that subpoena could do more than direct his personal attendance; whether it could direct him to bring with him a paper which was to con stitute tho gist of his testimony. While the argument was opening the attorney for tho United States avowed his opinion that a general subpoena might issue to tho presi dent, but not a subpoena duces tecum. This terminated the argu ment on that part of the question. In the provisions of the con stitution and of the statute which gives to the accused a right to the compulsory process of the court, there Is no exception whatever. "It is a principle of the English constitution that the king can do no wrong, that no blame can bo im puted to him, that he can not be named in debate. By the constitu tion of the United States the presi dent as well as every officer of the government, maybe impeached and may be removed from office for high crimes and misdemeanors. By the constitution of Great Britain the crown is hereditary and the monarch can never be a subject. By that of tho United States the president is elected from the mass of people, and, on the expiration of the 'time for which he is elected, returns to the mass of the people again. "If upon any principle the presi dent could be construed to stand ex empt from the general provisions of the constitution, it would be because his duties as chief magistrate de mand his whole time for national objects. But it is apparent that this demand is not unremitting, and if it should exist at the time when his attendance on the court is required it would be sworn on the return of the subpoena, and would rather con stitute a reason for not obeying the process of the court than a reason against its being issued. It can not do denied that to issue a sub- p0?a t(a Person fll"ng the exalted station of chief magistrate is a duty which would be dispensed with much more cheerfully than it would be performed. But if it be a duty the court can have no choice in the case. . . Th cort can perceive no legal objection to issuing a subpoena duces tecum to any person whomso ever provided the caso be such as to Justify the process. " At the time the ruling of the chief justice was bitterly arraigned and since then several mn,iQ i. " have dissented, the majority of these tcwvius im, view or Jefferson, who denounced the opinion as an offen sive trespass on the executive depart ment of the government. The Presi dent was indignant and promptly and emphatically denied the power of the court to require his attendance as a witness. He did not obey the sum mons and the court admitted that it had no authority to enforce his presence This singular assertion of ? ?nght ? C0DJmad. wt backed by a power to enforce, made the presi dent more angry. He had stated that ht,Tas riady t0 seQd any papers which might bo pertinent, but he ?S pudiated the notion that the court could properly order him to take the stand as a witness. Concerning the matter Jefferson wrote: "Laying down the position generally that all persons owe obe dience to subpoenas, he (Marshall) admits no exception unless it can be produced in his law books. The constitution enjoins his (the president's) constant agency in the concerns of 6,000,000 of people. Is the law paramount to this, which calls on him on behalf of a single one? Let us apply the judge's own doctrine to the case of himself and his brethren. The sheriff of Henrico summons him from the bench to THE COMMONER'S Clubbing List Commoner Publisher's 4nd Price Homestead American, Tho $ .50 J1.25 American Magazine 1.50 1.75 American Motherhood.... 1.00 L85 American Boy 1.00 1.75 Agricultural Epitomist 25 1.25 American Beo Journal.... 1.00 1.65 Boys' World 50 1.25 Brooder's Gazetto 2.00 2.25" Black Cat ... .. 1.00 1.70 Current Literature 3.00 3.25 Cosmopolitan, The 1.00 180 Country Gentleman 1.50 ,2 05 Commercial Appeal 50 1.25 Courier-Journal 1.00 160 Chattanooga News 50 1.25 Constitution, The 1.00 160 Democrat, Tho Johnstown 1.00. l".5o Delineator, The 1.00 2 00 Etude, Tho 1.50 2.00 Enquirer, Tho 1.00 160 Everybody's Magazine.... 1.50 20 Farm and Home 35 125 Farm, Stock & Home 50 v25 Farm & Fireside 35 125 Farmers Advotfato 1.00 160 Farmer's Voice l.oo 17'K Field & Stream 1.50 o5 Fruit Grower 7 1.00 O i go Good Housekeeping 1.00 liso Health Culture. ,... ... . 1.00 1.75 Hoard's Dairyman ' 1.00 r7K Home & Farm... i ;5o 125 Housekeeper, The 75 1)50 Harper's Bazar 1.00 170 Industrious Hon 50 12R' Irrigation Ago. 1.00 1.60 Independent, Tho 2.00 2 60 Kansas Farmer. 1.00 io Literary Digest.... 3.00 350 LaFollotto's Magazine 1.00 f 60 Live Stock Journal 1.00 1 kk McCall's Magazine .50 140 McCluro's Magazine 1.50 2 in Metropolitan, The 1 0 2 10 Modern Prlscllla 75 trn Michigan Farmer ioo inn National Farmer & Stock Grower ra - or National Monthly 100 ' ? 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