The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1837-07-07
FEenl,s Naf,-uIa.slas. .ssr
THE MANDAaUs CASE

The Maadamus issued by The Clrcuit
Cours Tor the Dislrici &c Calumhia. 70
the Postmaster General, directed him 10
give particular credits. which BY an act
OF Congress he Il ordered 10 give, 70 GER
tain private individuals who appealed 10
Congress Tor Justice which they eonsld-
cred 10 be withheld from them. That
Afanlsnllts, afier lwo weeks eongilzlnln
and consolation. the Postmaster Gene
raj has refused 10 obey, IN a paper pre-
seaIei 10 the Court on Saturday last.
haesed by an opinion Of the Attorney
Geasral Sustaining the Postmaster Gene
raj - his course. These papers are Of
gre 4 leagIh. aud. in tie impraeiieabiliIy Of
Publishing them 81 large. q synopsis III
Of them has been furnished by our repor-
Ter, aud will he found in another part Of
lO-dsy's paper. in which the substance Of
tie Substance Of the grOupds Of his pro-
test against The sutorlly Of the Court -
helleEed 10 be faithfully stated.
With this question. a. question OF
law. We profess not 10 NEEDLE. IL is
now under argument before the Court;
AMI. wha,eser NAV be she decision upon
j, IN that forum, will doubtless be carried
tor ultimate derisiOn 10 the highest iribn-
nal known 10 our laws, in whose deels-
ION We are all bound TO aequiesee.
Without. however, touching The merits
Of lh,s particular question. We hazard
nothing in saving, that, in the Pretensinns
Oh, firth in the argument OF The Pos1mas-
Ter Gpaeral. we have the elements OF
confess beGween the Executive and Judi
eisl authorities Of this Government. IN
WHICH il the Executive triumph. there rs
no longer any Law ~ the land for the pro-
,eclioa of the rights ofIndiyiduals against
the wrongs Of any Executive officers
whatever. including 10 that denomination
al persons holding office at the pleasure
of tie Executive. II. INDEED, the doc
tr,rss mainlalaej on this occasion be sus-
taraeI. the appreciation or consent Of the
President Of the United States is a dis
nen, atom 10 sll who hold office under
htr 10 commit any crime Whatever, With
ab.nia.e impunny. This, and no less. is
The amount Of The Postmaster Generals
argameni against the power ct The
Court that the Presiden, of the United
States can al any time " strike dead tie
process 10 the hands Of the Marshall, by
removing him from Office! Thank God.
fsllo -cilizens. that the zeal nj this adj
vncsle Tor Executive supremacy has mis-
led nlm a. tn the effect Of the Executive
pnxer in this case. and that We are not
yea slaves of arbitrary power! Courts
Won be IDLE psgeanls, did they not pos
sess power. Independent uf the Executive
authority, 10 enforce their legal Judg-
mrHts.
A'arning a. they are, however. these
doctrines are not Vet entirely new. We
car ind their relatives IN various public
documen,s issued by Executive authors
~ under the late Administration. The
essence 0f the whole ol them 10 10 be
found in the doctrine that the President
OF the United States. under the phaseolo-
gy ni the power 10 " take care that the
laws Of the United States be faithfully
executed" is invested with power pa
ramounl 10 all Law; that he is, in other
words, bound, by his oath Of office. 10
execute the laws only as he undes'Gnds
them.
The argument Of the Postmaster &C.
neral. upon the composition Of which
great pains have evidently been bestowed,
processes. al the close Of IT, 10 intend
moi the slightest dIsrespeci TO the Court.
In this, We dare say, the author believes
himself TO speak the truth. His Address,
howe ser. II - obvious. was not intended
for The Court, because matter is kneaded
into II which could only be introduced
with a purpose entirely different from
,ha, 81 an appeal to the inlelligence Of
thaI body. In what else, for example,
bm an electoneering handful. could snch
an appeal as the following 10 ignorance
and vulgar prejudice fad place!
Extract from VII Ka7daH's Letter.
Ii cannot be forgotten that the pow
er now asserted has been siumbering
from the birth of the Constitution. &c.
Why did no. The Bank Of
the United States, instead Of agitating the
County, and laundering in the Capitol,
apply TO this Court for lis Mdndamus to
compel the Secretary of Tue Treasury to
restore the public deposites which il was
alleged had been removed from il in con-
temp, nf law and in violation of the Com
stttu,ion! Have none Of these occasions /
been sufficient tn rouse this giant power
enduring slumber!"