Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1803-03-19

SsS ;li;ee. Or, in The woTds OF LORD
Mansfield, the sTphespt, u TINS cas- has
Sis :aS, . execute an cfHce Of pGbiie CON
ass and is kept out 81 I'oilsiiion q 'Aa'
right. - ,.:,,, co,cs, n
&c S,;l. 70 render the msndamrs pro-
r,r remedy, the officer TOW HON It IS 10
tsdireaed, muif be ere TO whom, on le-
81 principles, fucb writ may be directed ;
md The periou applying for il mutt te
without any other fpecifc and legal fene-
A. With repeato the cficer TO whom
!, would be directed. The intimate 20
,i,ical relation, inbfline between The
rret;dent OF the United States and the
heads Of departments, necegarily rem
ders sny legal invefigation of the acts OF
epe Of thslr high officers peculiarly Tx
lm, as well IS d hcate; sni excites
lome he6ta,ion with refpee 70 rhe pro-
urjety of entering into fuch inveaigation.
Inpfeiions are often received without
much reflection or examination, and IT Is
not wonderful thar in iuch cafe as this,
the aaertioo, by an individual, Of his le-
gal claims, in cour, of juificc; 10
Which claims it is the duty of thar court
70 ATTEND ; ihould al hrt view be conf
.dered by lome, as an aattempt TO intrade
into the cabinet, ard to intermeddle with
the Jr.rogatiyes Of the executive.
is fiarcely necefary for the court
70 difclalm all pretenhons to frch a jnrise
aiaion. Anextravsganoe, 70 abiurd anc
exceaise, could no have been enter
tanned for moment. Ike province OF
! the court, is foley TO decide en- The rig hts
ofindiyiduals NOT 10 enquire how the
executive, or executive officers perform
duties in which they have diieretion.
-Oueaions, in their nature political or
which are by the contribution and laws,
iubmitted 10 The executive, can never be
made in this court.
But, if this be not fuch queRion if,
70 far from being an intruiion into the fe-
Sets Of the cabinet, it refpetts paper,
which, according TO law, is upon record,
and TO copy which, the law gives right
on The payment Of ten cents if it be nc
iniermeddling with fubje6a, over which
the executive can be conhdered as having
exerciIed conlroul what is there in the
exalted itation of the officer, which fhali
bar citizen from aGerting, in court OF
jutics, his legal rights, orihall forbid a
court to lilen TO the claim; or to ilfue a
mandamus, directing the performance Of a
duty, not depending on executive dilcfe-
tion, bur On particular acts OF congrei
and the general principles of law?
/. one of the heads of departments COM
mits any illegal at, under color of his Of
fee, by which an individual fulsains an
injury, il cannot be pretended that his Of
fee alone exemp,s him from being iued in
she ordinary mode OF proceeding, and be-
ing compelled 10 obey The Judgment of the
law. How then can his Office exempt him
from this particular mode Of deciding on
the legality of his conduit, if the cafe be
iuch as would, were sny other individual
the party complained of, authorize the pro-
ee(s
II is notby tie Office of the perfon to
whom the writ is direaed, but the ma
ture OF the thing to be done, that the pro.
prety OF improperly of iGuirg manda-
mus, is to be determined. Where the
head of department acts in cafe, in
which executive dacretion is TO be exer-
eled ii which he is the mere organ OF
executive will !; il IS again repeated, thar
any application TO a court TO conuoul, in
any rdpett, his conduit, would be rejeei-
Cd without heitstion. To Be csutinae4.