Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-12-24

1
on process OF c execution, issuing from Court Of Re-
cord and General cton-whereas this is case Of
process, issuing rom special jurisdiction, which ne
er DC supervised oy cerorar xamined by writ Of
error. In this case then il Habeas Corpus would not
ie there would be no remedy for imprisonment without
lawful authority In OF execution from Courts of
Record, the Courts themselves can quab H. If II do not
conform to the Juigmcnt;-ii il do, tina, Judgment be
erroneous can De corrected in Court OF appellate ju
fis'iiction Upon The whole view OF the subject Am of
opiuon that the party should be discharged.
OPINION OF CHIEF JUSTICE MARSHALL
Robert d. Randolph late acting Purser of IN. ate
Constitution was brought into court on writ of Habeas
corpus, andd motion Is now made for his discharge
prisonment.
The writ was directed to the Marshal of this district in
whose custody he Is The return the officer shows the
cause oil pon and detention to be warrant issued by
the accounting officers Of the Treasury under authority OF
the act passed the 18th day of May, 1920 which, alter
reciiing that Robert b. Randolph late acting Pur.cr of
the United States Frgate Constitution stands to
the u s. in the Of S25097 49, agreeably to the set
tlemen: OF his account, made by the proper OIL
hcers OF the Treasury, aud has failed TO paw il over
according 10 the "ac Tor the better org of the
treasury Department." commands the said Marshal to
make the said sum OF S25O97 S3 Of the goods and
chattels OF the said Randoiph and in default to
commit his body prison. there TO remain until
oy que course oil law. these proceedings fail to pro-
duce the SAID sum money! the warrant is be satisfied
out OF his lands and tenements.
The return shows that the body of the said r. b. Ran.
Of this process
Several objections have been taken 10 the legality of
the warrant the first and most Of which that
the act OF Congress- under the authority of which il is.
sued is repugnani TO the Constitution the United States
this objection be aimed, the warrant can certainly
convey no authority to the officer who has executed it,
and the imprisonment. Of Mr.. Randolph is unlawful
The counsel oil the prisoner rely parts of the
which they suppose 10 have violated by
the ACT in question The LIST the 81 article which
establishes the judicial department. and the 7th amend
men' which secures the trial by jury in .us at common
ously violated. 49, 80
No question be brought before judicial tribunal
o greater decacy than those which involve the constu
lonay oil Legislative act IL they become indspensa
bly, necessary to the the meet and decide
them; but IL the may be determined on other points
aust respect Tor the Legislature requires that the obga
ZION OF It's laws should not be and wantony
assailed.
The act Of Congress, under the authority of which the
process by which Mr. Randolph is imprisoned was issued
makes it the duty Of certain of the Treasury TO
settle and be stated the of any Of
the revenue &C. who shall fail render his pay
over the same IN the manner i'm the time required by
law, exhibiting truly the due the United States
and certifying the to the agent OF the Treasury who
authorized and required TO issue warrant OF distress
against such delinquent officer and his sureies directed
the Marshal Of the district in which such deinque mt Off
Ger and his surety surees shall reside; which officer
commanded to make good the money appearing be due
the United States by Selling and selling the goods
tells OF such delinquent officer and his seties and by
committing the body OF such delinquent officer to prison.
there to remain uni discharged by due Of law.
Ii this ascerainment Of the due the governnen
and this issuing OF process TO levy the
to be DUE he the exercise OF any part the judicial pow
OF the United States the law which direct, H. i, pl,n
violation oil the first section Of the third OF the
Constitution, which Declares that he judicial power
the United States shall be vested in Supreme Court
and in such Inferior Courts Congress from time
time ordain and establish. The judges both of the SUI
preme and Inferior Courts shall hold their offices during
good behaviour The judicial power extends TO con-
troversies 10 which the United States shall be party"
The person. who directed by the of Congress
ascertain the debt due from delinquent receiver
money ana 10 issue process TO compel the payment OF that
debt do not compose Court ordained and established by
Congress- nor do they hold Offices during good
her oces are held at the pleasure of the President OF
the u They consequently incapable of exercising
any portion oil the judicial power AMI the act which at
Temps confer 1t absolutely void In considering the
validity oil this act therefore, is necessary discard
every idea OF Its comforting judicial power We
view the statement certificate OF the account udg-
ment, or the warrant which payment judicial
process They must be viewed as mere ministerial ac Is
performed by mere ministerial agents They be
| otherwise sustained.
will Tor the present assume that the power of collect.
ing taxes and oil discussing the money OF the public,
authorize the legislature to enact laws by which The agents
| OF the Executive may be empowered to settle the &C
counts of all receiving discussing officers and TO issue
process in the nature of execution compel the
men OF any sum alleged to be due. But these agents
are purely MINISTERIAL and their necessarily be
treated only as ministerial The inevitable conse-
quence is, that their validity decided by those le-
gal principles which govern all of this character
These require that the authority, whether given by
gisiave act or Otherwise must be strictly pursued Such
agents cannot act on other persons other subjects
Than those marked ont in the power, they
| in a manner different from that il pre.crbes.
This is general rule, applicable such gener
y: II applies with peculiar force to that before the
| Court.
will not attempt to detail the seventies and the op-
preston which may follow in the train Of this law exc
cuted in contested They have been brought into
full view by COUNSEL in their arguments and will moi
again present them may be said with confidence tina
the Legislature has not passed any which ought in
construction, to be strictly confined to its letter BY
| this rule lis words will be examined.
lbe hrs Objection TO this warrant is, that Mr.. Randolph
is not one OF those persons whom the law designed
| to operate.
The act does not declare that every debtor OF the public
sha De This summary process The particular
persons against whom IL may be used are enumerated.
Those stated in the second section are, "any collector
the revenue, receiver OF the public money! any her
oicer who shall have received the public money before
II is paid into the Treasury Of the United States" The
describe persons who hold Offices under government to
whose hands the public money before reaches the
Treasury. collector Of the is officer of this
description; so receiver of the public money and the
following words: "or other officer no shall have received
the public before il is paid into the Treasury
were in the mind Of the Legislature. The subsequent
words preserve the idea, that regularly appointed
officers only intended. The word officer is retained
and is regularly used throughout the section, showing
plainly that no other debtor than who properly
designated by the term officer contemplated by the
act Throughout the section too the surees OF such Of
beer are regularly connected with him. and subjected to
The same process, so far respects their property do
not mean 10 say that The liability Of the officer is made
depend on his having actually executed official
Ger, regularly appointed, who should receive the
ney OF the public before the execution Of his bond might
not be liable to this Treasury execution. But
say that this language ncontesby that the Lee
gslature contemplated those officers only who
gired TO give bond with surety, the objects Of the law
The sureties spoken of throu from
the officer, as existing whenever the officer exists.
hia aecfin ahe,J