Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1808-08-03

careful discrimination which, is marked be-
tween the several departments, should dlc-
tate great circumspection to each IN the ex-
ercise Of powers having any relation to the
other.
The courts are individually the source OF
legal redress for wrongs committed, by MI
nisterial officers, none Of whom are above
the law. This redress is to be administered
BY due and legal process in the ordinary
way. For there appears to be a material
and an obvious distinction, between course
of proceeding, which redresses a wrong
committed by an executive officer, and an
interpretation by mandatory writ, taking
the executive authority out OF the hands OF
the president, and prescribing the course,
which he and the agents OF any department.
must pursue. In one case the executive Is
left free to act in his proper sphere, but IS
held to strict responsibility in the other all
responsibility is taken away, and he acts a
greeably to judicial mandate. Wrlts OF this
kind if made. applicable to officers lndiscri-
minately, and acts purely ministerial, and
executive in their nature, would necessarily
have the effect of transferring the powers
vested in one department to another depart
ment. If in case like the present, where
the law vests duty and discretion IN an
executive officer, a court can not only adml-
mister redress against the misuse OF the au-
thority, but can previously direct the use to
be made of it, it would seem that undcrthe
name of judicial power, an execitlvsfn nc-
ton is necessarily assumed, and that part OF
the constitution perhaps defeated, which
makes it the. duty Of the president to take
care. that the laws be faithfully executed.
/ do not see any clear limitation to this doc
trine, which would prevent the courts from
compelling by mandamus all the executive
officers, all subordinate to the president at
least, whether charged with legal duties in
the treasury or other departments to execute
the same according to the opinion OF the ju-
dietary and contrary to that OF the execu-
tive. And it is evident that the confusion
arising will be greatly increased by the exer-
else Of such power by a number OF sepa-
rate courts of local jurisdiction, whose pro-
ceedings would have complete and final et-
feet, without an opportunity OF control by
the supreme court. So many branches OF
the judiciary, acting within their respective
districts, their courses might be different,
and different rules ST action might be pre-
scribcd for the citizens of the differcnrstates,
instead of that unity of administration Which
the constitution meant to secure by plac,ng
the executive power for them all III the saline
head.
What too becomes Of the responsibility of
the executive to the court OF 1Inpsacnrns1it,
and to the nation Is he to remain respon-
siLIe for acts done by command OF another
department? Or is the nation to lose the
security of that responsibility altogether =
From these and other considerations, were
this branch of the subject to be pursued, it
might be inferred, that the constitution OF
the r.. States, by the distribution Q. powers
O f our government to different departments
ascrlbinp the executive duties to one, and
the judiciary to another, controls any prin-
ciples OF the English law, which would au-
thorise either to enter lnto the department
OF the other, to annul the powers OF that o.
Their. and to assume the direction OF It's oper-
atoms to itself.
These remarks are respectfully submitted
to your consideration. They are to be
made with due Difference to the opinion of
the court, with one OF the judges constitute
ing which, | am personally acquainted,
and for whose character feel the sincerest
regard.
Yours very respectfully,
Signed c. A. RODNEY.
July 18th, 1903.
The president Of the U. States.