Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-12-27

Chief Justice MARSHALL and Judge P. P. Ban.
BouR, composing the Court.
Expsrte Robert 3 Randolph, on Habeas Corpus
Jud,e MARSHALL delivered the following OPP
Aun IN this case:
Robert b. Randolph, late acting Purser "f the
Fusate Constitution, was brought into court Oh
A wit of Habeas Corpus, and a motion IS no"
made for his discharge from imprisonment
The writ was directed to the Marshal OF ms
district, IN whose custody he IS. The return Oh
the officer shows the cause Of caption anu deten'
ton to be a warrant issued by the accounting VI.
ficers Of the Treasury, under authority OF tue ae'
psssed the 18th day Of May, 1920, which alter
re,i,;o, tina, Robert B. Randolph, late acting Pur-
ser of the United States Frigate Constitution,
stands indebted to the United States, IN The sum
of S25 Oo7 IS, agreeably to the settlement OF ms
account. made bv the proper accounting ofhcers
of the Treasury, and has failed opay over &C.
cording TO the act for the better organization OF
the Treasury department" commands the said
Marshal. to make the said sum OF S23,o97 %
out Of the goods and chattes OF the said Randolph
aod in default thereof. to commit his body to pri'
son, here to remain until dscha. sed by due
course of law. II these proceedings tail to pro-
duce the said sum of money, the warrant Is 10 De
satisfied out of his lands and tenements.
The return shows that the body OF the SAID H.
Randolph was committed to prison, anu is deta'n'
ed by virtue of this process.
Several objections have been taken to the lesa.
li,y of the warrant; the first and most important
of which, is, that the act Of Congress, under the
authority of which it issued, repusnant to the
Constitution of the United States. IL this ObJec-
ton be sustained, the warrant can certainty con.
vey no authority to the officer who has executed
it,and the Imprisonment Of MIR. Randolph IS un'
lawful.
The counsel of the prisoner rely on several
parts of the Constitution, which they suppose to
have been violated by the act IN question. Inc
LIST section of the Sd article, which establishes the
judicial department. and the 9TH amendment.
which secures the trial by jury in suits at common
Law, are particularly selected as having been most
obviously violated.
No questions can be brought before a Judicial
tribunal of greater delIcacy than those which in
Yolve the Constitutionality Of Legislative act
If they become indspensably necessary to the
case, the Court must decide them, but II the
case NAV be determined or other points, just
respect for the Legislature requires that the ool'
CATION Of ITS Laws should no. be unnecessarily and
want0nly assailed.
The act of Congress under the authority OF
which the process by which Mr.. Randolph Is I'M
pttsoned was issued, makes it the duty of certain
officers of the Treasury TO settle ard cause t" be
stated the account Of any collector OF the revenue,
Sc Who shall fail to render his account or pay
over the same in the manner or IN the time re-
ouired by law. exhibiting truly the amount due
TO the United States, and certify the same TO the
agent Of the Treasury, Who IS authorized and re
ouired to issue warrant Of distress against such
deI,nuuent officer and his suretes, directed to
the Marshal Of the district in which such delin-
ouent officer and his surety or suretes shall re-
side which officer is commanded to make the
money appearing to be due TO the United States,
by seizing and selling the goods and chattels OF
such delinquent officer and his suretes, and by
committing the body Of such delinquent officer to
prison, there TO remain until discharged by due
course OF law.
If this ascertainment Of the sum due to the go
vernment, and this issuing Of process to levy the
sum So ascertalned 10 be due, be the exercise OF
any part Of the judicial power OF the United
States the law which directs IL, is plainly vio-
,atIon Of the first section Of the third article OF
the Constitution. which declares that "the judi
cia! power Of the United States shall be vested
in one Supreme Court. and in such interior
Courts as Congress shall from time To time
dam and establish. The Judges both of the su
preme and inferior Courts shalt hold their Offices
during good behaviour" THIS jud'eial power
extends 70 controversies 20 whiIh the United
States shall be party"
The persons who are directed by the act Of
Congress to ascertain the debt due from deiiu
queut receiver of public money, and to issue pro
cess to compel the payment OF that debt. do net
compose court ordained and established b, Con.
gress. nor do they hold Offices during good beha
vlour Their offices are held at the pleasure OF
the President of the United States. They are,
consequently incapable of exercising any portion
Of the judicial power. aud the act which attempts
10 confer It is absolutely void 10 considering
the validity of thus act, therefore it is necessary
to discard every idea Of its comforting judicial
power We must not view the statement or GER
tifcate of the account as judgment. or the war
rant which coercrs payment as judicial process.
They must be viewed as mere ministerial acts
performed BY mere ministerial agents. They
cannot be otherwise sustained.
will for the present assume that the power OF
collecting taxes and Of discussing the money OF
the public. NAV authorize the Legislature 10 enact