Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1837-07-03
i'5oa 1.e Nstiapql btciitPceeor, June =.
TIE MANDAMUS CASE.

the District OF Columbia, 10 the PosTNtsr,R-6tNf-
r ". directed hltnto give particular credits "htch
h, an act o tonafcSs hs Is ordered Ia give. 10 Ger
tam private individuals who appealed 10 tonercSsio Ion
Justice uhic h they considered tn hc Withheld from
them. That HtH}dmps a'ter two weeks co2ila-
TIM aud consultation the Post MISTER l'cnria has
refused IL obey, III paper presented 10 me Gun
SATURDAY LAT, b1rked by m opinion oi Inc N"r-
nrx =ticncial sustaining the Postmaster General IN
ms oontse. These papers ot great length. AMI,
IN the inpractcabllt, oi Publishing them Al large"
SYNOPSIS al them has been furnished by onr reporter
aud will be found N another pait ot to-daNs paper,
IN which the substance oil the grounds at his protest
against the authority OF the Court u believed to be
/ faithfully stated.
With this question. - \ question al law, We pro
tess to NEEDLE. 1t Is under Argument before
The curt; aud, whatever my be the decision upon
II IN that forum llldoubtlcss be carried for n
nat. decisnn Ia the highest tribunal known 10 our
laws. n who's. decision W. aIe al bound 10 acqn'-
[ esre.
/ Without however. touching the mrfiis this par
ticulai question. hazard nothing sa,ug, that,
IN e' Argument al thc postmaster t,cneral We hatc
i tlr elements al contest between tht Executive AMI
lutli, ial authorities al tbs Government, III which,, IT
the l. ", triumph thc,e l. no longer any law IN
ir aud loI tlle protection oi the nights al ntlHtlu
rs AGAINST the Wrongs al lns Executive officers what
ever including III that denomination all persons hol
,ilng office The pleasure o thr Executive. II, IN
,l,rd the doctrines maintained IN this occasion br
tanned. the appubarInno consent Of the Prosirnt al
The nlied Statt> sprnsalnn 10 all who hold o'r'
mudcl hlol IA commit ci,mc Whatever, WITH al1S"-
lltle IMMUNITY. This aud M less, Is the amount
a. fi,. Postmaster Generals argument tasansi The
{ nov - al tlc tontt) that the President oi The NJ
icl Stde> can II my time stride dad II" process
/ IN tlgr nds 81 thc MARSHAL b, removing bun it"in
uBur Thank tod. fellow titizen>. thai the zeal al
ilI'> advocate tuf executive supremacy has mised
/ hla rs the effect Of til. Executive power IN tins
ca,r. aud 1l.d tre Saws al arbitrary p""ff
Courts mntd be i'll Patran's, did they not possess
/ power. iui,yeni,at Il The Executive dnhor1i, 10
eulotcc then led Judgments.
Nlainlnr A. they ar, however these turhinrs arc
tut cntllrls new. We can find then relatives IN
/ ,Arfmt- pubic documents ISSUED by Executive au-
| tlpras und,r the lue Administration. The eSSenc"
lofthe plas OF them y "a be found III the dncilnc
dat tic Pc stdent al the uod States, under the
pnasrong> ut The power - take that the law
Hofthe | rtcd STATES be lalthlnll, executed Is in
vested "1tll power paramount to all law" that Ia
H. in olllc words bound b, hs oath of Office 10
cut tnr laws only rs h ndcmtwds H'm.
lhc argument Of thc Postmaster General upon
tn COMPOSITION oi which great pains have evdcntl,
breu bestowed, 15ets>eS At the close al IT, 10 intend
not the slightest dtsr'specr Ia the tnut. In tins,
W ,tre say, the author believes hn>clito spea, the
truth Ills Address, however, it is obvious, not
intended tof Uc can't because matter is kn"aded IN
10 IT Which could on> br introduced with purpose
rnritclN different hum thai I" an appeal Ia the lntcl
erncc al that hodN Ia what else Tor example, but
IN clcctloneelng handful, could such appeal rs
the following Ia lsuoraucc aud vulgar prejudice find a
place
ENrEur rrou Ma. kt>n>LL's fnrrrG.
- II cannot be forgotten HAT the power now assrr
,'ird has b,cu ~lumbeung from the birth OF the CON
| - >titution. &c. WHY dnl not THE
EANK or ruE CNirEp Sr,rrs. Instead of ,slta-
:. tlnL the country, and haadcrtng ~ Mc fup,ioi
" APPLY TO thus Corgr ron IT'S VI ,SpAurs to
" compel the Secretary oi the Treasury restore the
/ public drpo>itc~, winch IT alleged had been
" removed from II II IN contempt oi law aud IN viola
ton oi the Constitution ! Have OF these oc-
taslons ben sufficient 10 rouse this giant power
"homiiS enduring sumbcr -
Eeport,IEr Ac NuaaH TqhAierneer.
CIRCUIT COT 'RT-SNrrnr,, Junr.,i.
This being the da, to winch Was extended the
tine Ior makmg the return ltv the Postmaster Gene
raj 10 the wit OF mundnmus, commanding him to
credit Stockton and Stokes certain sums of money,
or slow to The contrary, the District Attorney
Mr.. L. :. Key read, such return, a letter from
the Postmaster General. accompanied by an opinion
oi tie ATTORNEY General, These documents consul
ned considerable tune IN their pcrusa aud we IN
dclstood them To clnSsii, and condcnsc the amount
ri the losnastcr'S response TO the Courts claim OF
jurisdiction, and his resistance OF that clam under
the following heads:
Isl. That the Court has no power 10 issue n
mandamus IN IN executive officer OF the Govern
'nent, compelling him to do an official act That it
is the duty ri the Executive, and not of the iu,l,c,
~, Ia see that the laws be- faithfully executed And
that the cNcrcisr OF the writ NJ manlamus for su, II
purpose would he To transfer the Executive powc,
, oi the country Ia the courts.
2dv. That Congress have conferred upon none n,
the circuit courts mot distinguishing between TIN.
circuit court and an, other in this rtspccN the right /,
issue III" writ ot mandamus Tor the purpose of com
p"llng directing the official actions OF cxecut,,
officers IN which capacity the Postmaster Genera
has acted IA thus case and that, acting, he j,
subject To the control of the PRESIDENT aud not of the
Court.
3dy. That even admrin. the pow cr OF the { ou,t
to issue tn WIT. tins Is legitimate easy for its
Application. lhe mandlmuS onl> issue to com
pei The performance al an act merely and purcl,
ministerial. and not OF an act in the performance of
which discretion Is confdrd Ia the part, perform.
my 1t. That the act which the nan,lamus cum
n'mdS the Postmaster General Ia perform is no,
merely MINISTERIAL lhat The viii al maudamus i, al
lowed 10 be ISSUED by the Circuit Count unl, 10 en-
force their jurisdiction. That in the matter 10 Win, h
his mandamn> applies the Court has not and ne,c,
had, jurisdiction. That the mandalnus cannot civ,
that jurisdiction but only where the jurisdiction c>
lists enforce 1t.
lthlr. Thai the InandilntiS order, the pustnas-
ter General 10 dn that which impossible TO be dom,
That he has now the CUSTODY and command ~,
the books in which the credits are commanded to be
entered.
When Mr.. ll,N had done reading tl,e paper from
me postmaster General the opinion OF the Attorney
General WAS read upon the former decision IN the
case by the Court, and in opposition To the same.
Mr. Key then entered his appearance in the casr
aud placed the documents ON file
The principal topics adycrtcd TO, aud relied upnn
~ lhtSc papers are pretty much. in substance, as
follows The Postmaster and Arornc, General CON
tend that, under our CONSTITUTIONS in thi, feature
assnllhed TO that OF England, all power is divided
INTO three rarS-'hc legislative, the executive. the