Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1803-03-21
rr.a the WA.Hlscros FrDEsallsr.

rr-a the WASHINGTON FEDsxaLisr.
Nj A N D a NJ U S.
os;n;ou FIR Sstr.me Car, driivertd By
CHI jaFiee MarboN, February 2itb,
1903.
VIM. MAssusf' On a motion for
The SIC. of STATE,
(Contmsed.
But where he is directed by law 70 90
certain atf affecting The abioluse rights
Of individuals, in the performance OF
which he j, not placed under the par'icu-
lar direction Of the pre6dent, and the per-
formance of which the PRECEDENT cannot
lawfully forbid, and therefore IS never
preiumed 10 have forbidden as tor ex-
ample 10 record commlHion, or patent
for land. which has received all the legal
folemni,ies or to give copy OF iueh re-
cord in fuch cafes, it is not perceived
on what groud the courts of the country
are further executed from the duty OF CIV
ing j.dsmstt thar righs be done 10 an
iniarea individual, than if the fame fer
vices were to be performed BY peIion
q / the head OLA department..
This opinion feens not now, for the
FRI tine, 10 tie taken up in this country.
Itmua be wellrecolleefed that in l7e',
an atf palT.d, directing the Secretary al
w,rto place on the penhen 1T fuch dif
ab.ed officers and folders as fhould be re-
ported to him by the Circuit coa,s; which
atf, 70 far as the duty was impoied en- the
.c,utts, was deemed unconaitu'ional but
loms OF he Judges, thinking that the la"
might be executed ~ thin in the charsc
ter oil commGioners, proceeded TO act and
10 report in thar character.
This law being deemed unccnRisutlon
al at the circuits, was repealed, and a dit
ferert fy&em was eitablilhed but the
oueaion whether thofe perlors who had
been reported by The Judges, as com nifii.
onxts were entitled, in conf qlence Of that
report, 10 be placed on the penfion lift,
was legal qaeaicn, properly dsteImina
bic in The courts, although the ACT OF plac.
ing fueh pe.lons on the LIT was 10 be per-
formed by rho head Of a department..
That this qnseion mighr be properly
is,tled, congreis paaed an act in Feornary
r7q3, making il the duty OF the ieere,a-
~ OF war, ia conjunction with the Altor
ney General, 20 take fueh measures, as
might be neceiTary, to obtain an adjadl-
cation ofthe Supreme Court Of the United
States en- ,he validity OF any lueh rights,
claimed Under the act aforeiaid.
After the paiTage of this aa, man.
,lamas was moved for, to be directed TO
III fecresary at war. commanding him 70
D c. on the penfon lift psrion Eating
h.mi Ii TO be onthe report OF The Judges.
Thsre is, therefore, much reafon to be-
lieye, that shis mode G! trying the legal
ri.ht Of the complainant, was deemed BY
the head Of department. and by the
hieh.a law officer OF the United States,
the noa proper which could be isletied
fer the pupofe.
Z When the fuhjea was brought before
the court the deciGon was not, that
nandamas would not lie TO the head OF
department., directing him to perform an
act erjoined by law, in the performance
Of which an individual bad vefed int
ref !; but that mandamus ought nor .e
iIue iii that eqIt ; the deciiion receaayily
to 5sinsude, If the report OF the commit
iioners did not confer on the applicant
legal right.
The Judgment in that cafe, is under
food 10 have decided the merits OF all
claims of thar deicriPsion and the FER
fons on the. report of the eommlilloners
found it neceilsry TO puriue the mode pre-
Scribed by the law fublsqaent TO that
which had been deemed unconstitutional,
in orde, TO place laemtelves on the penil-