Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1803-03-21

i 20 him. bur i, is placed in his hands tor
the periou entitled 10 II and canao' DC
more lawfully withheld by him, than by
any other perion.
II was al 6ra doubted whether the ac-
ton OF detipue was not fpecific legal re
medy for the comm.Gion which his been
Withheld frcm Mi MArburv; ias@hieh
caf. msndamus would be improper
Ba, this doubt has yielded to tie conilde-
ration that the Judgment IN aeilnue IS Tor
the thing isfelf, or lis value. The value
of a public ofics'no, TO be fold, IS lncaps-
bic Of being alcertained ; and the appll-
cant has risht 10 the cifce itlelf, or &c
nothin1. He will obtain the Office by
obtaining he conalniilion, or copy OF Il
from the accord.
This then, Isl plain cafe for minda,
mus, either IL deliver the commit IN or 2
copy of il from the record : and II cnly
remains TO be erqaired,
Whether il can iGue from this court !
The atf TO sifablh the judicial cour,;
of the United States, authorizes the iu-
preme court 6 to iiInc writs OF manda-
7" mus, in cafes warranted by the Prln
ciples and ufages OF law, to any courts
appointed, or perfons holding Office,
under the authority Of the United
States
The fecretary Of fate, being perion
holding an eficc under the authority OF
the United States, is precitely within the
lctter Of the def.ription; and if this court
IS not authorized to idue writ of mands =
mus to fuch an officer, it mutt ne, becaute
The law is unconstitutional, and therefore,
absolutely incapable of COZ ftrrins the au-
thority, ana alligning the duties which
it words puF port TO confer and atllgn
The contribution vets he whole judici-
al power Of the United States in one fl
preme cnurt, and in fuch inferior courts
as congrefs ihsll, frcm time TO 'ia,e, or
dain and eaabLlh. This power is express
sly extended 10 al cafes anhng undeI h
laws Of the United States and COME
quen,ly in fome form may be exerclfsd
over the prcfent cafe bcsauf- the righ
claimed is given BY law Of The United
States
III lie dJqnt1tics of this poecey It Is
Asfl4,sd, tbdt Tbe Mpreme rewt .@GA
bzpe srigmai ia,i/1iaian IN al ecJes #
feaizg ambIDadors, ottsr pa6ne mini.
geys and .cnl1is aAa Ib4e n .Fs6'fh
a F4t< M0N be a ta,y. In az nhe,-
e.5j<s, The /ap,ems eea,t fruit 6eVe a3-
bellafe juygdiaion.'
II has 6teumGrtd, At lie bar, 'bat as
th< erigia1l gram # ja'y%dit7,ea, 70 Hs
Satrsms aaa fntfne, carts, IS general,
and The tA4yls, Nga,ng original Ja'y
d,7isa 10 tts Iafrrme eeart, ecnftms 70
aegefiq,s or rs6y'aiee qvords /; the feert'
rtmai0s 10 Tie legjQaf4,e, 10 I@gn angina
jsyYdi7iea II thatrla,t in ofbtr ca]es fbGn
tbs/e Lbrf2fed IN the arlifk qrbieb b0sbef1
refited pyse,dsd tbe/s CAFES bflo1g 10 tie
jadiefal pazcer II The u. 5.
If IL had been intended to Asau< il tn The
a1ltretiou Of The hgV tme 10 o590rfio1
tie jud:eial po7ce, defaoeeu The Supreme
and inferior eoa,ts, according 70 tte qvizl
IF that bady, II 7vould ee,t0inly baOe been
wsleE, 10 bove p,oeeed<d fartbf, than 10
boz detu<d tbe jud;ei0i 5sqcer, and THE
trbaaais in qvbieb ii Paul. be Ocfed. -
7br Iubfqa<nt part Of lbe Js3ioa Is mere
E,blagage, is entirely qvitboat meaaing, i
Iue5 IS IT, be thr fbe eogar1aisn. JCsa-
grsJ5 yrma;u, al liberty to gi1e ibis carr
Abpellae jay/aiaion qv6ere The forG
i'm has declared their JxrJdsi7i1BaA be
orgmai-aad original jarydiaiea ssbr,e
The e9nA;txtioa has declared 1t @aH be ob
pel2o,e-tde dygni5af;sn # Ju,ydi9'0a,
made in the eonPita.ioa, Is tora7 Sgi'bo1f
Jubfaues.
Aft native words are often in their ope
ration, negative Of other objects than
thoie affirmed; and in this cafe, mega
,,oi.. Go. ConC, roun ha ,iyeo RI