Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1837-06-15


constrained TO the conclusion that your court
possesses no legal or constitutional authority
Ia require ,he attendance of the postmaster
general in such a case, ard that, in countc-
.nancing the claim by an appearance before
them, Ishould compromit my obligation to pre-
serve uni,npaired the rights Of an irdepeI-
dent department Of the general government.
Very respectfully, your obdt serv',.
AMOS KENDALL.
Correspondence Of the Courier 4 Enquirer
WAsHiSGrON, June 6.
The .'landamus granied.-This day Judge
Crsnch delivered from the Bench, an able
and luminous opinion granting the writ Of
Mandamus, as prayed for in the case of the
u. >. Us. the Post Master General, the full
account Of which you have before published.
rs the great Loco :foco AMOS has before set
at defiance the laws Of Congress, the award
of the Solicitor Of the Treasury, and treated
with contempt the opinion of the Attorney
General, we take for granted that he will
treat the Circuit Court with like contempt
We shall soon see, however.
------------------
Stockton and Stokes ps. limos ktnda!.--In
this important case, the u. s. Circuit Court
for the District Of Columbia has decided
against Kendall, and ordered him to show
cause, why mandamus should not be issued
requiring him to give credi, to Stockton and
Stokes. The National Intellisencrr ofWed-
nesday has published the opinion of the
Court, and remarked thereon az follows:-
The important opinion delivered by the
Circuit Court of the United States for this
District on the motion for .Iianddmus TO the
Postmaster General, in the case Of the United
States per Stockton and Stokes, Realtors, if
we err not, is one Of the most important de-
cisions, in reference to the legal rights Of
American citizens and the legal duties Of pub
lc officers, that has ever been made under
The Constitution. 1t cannot fail to Law hold
Of the attention Of all our readers whether in
Office or out of Office, who will see how i'm
portant the ground taken by the court is to
the security of their rights, and even Of their
liberties, their lives, and their property.
Reasoning from analogy, and never having
pre- ended to take view of the question on
its points Of law, we huve never doubted that
the Postmaster General was as subject to the
action of the laws, in cases Of trespass on in
dividua rights, under color of official duty, or
through otliclous zeal, as other officers OF the
Government. Such suits have been brought,
prosecuted to judgment, and judgment fol-
lowed by execution, repeatedly, in cases of
Collectors of Customs, Officers of the Army
and Navy, &c. And why not in the case Of
the Postmaster General? A Collector of a
port is receiver taxes, aud the Postnas.
ter General is neither more nor lcss-the
one receiver Of duties on imports ami the
other of duties on Postage. II either exacts
what the law does not allow, or refuses what
the law does allow, they are equally amena-
bic to the laws for such abuses of power
Were 1t otherwise, we should all be- subject
slaves of a rcmorscleSs tyranny instead of the
law protected citizens OF flee Repuhli hlican
Government.
Ifsuch had not been our views Of the case
before reading the Opinion of the Court,if we
had doubted upon the subject, yet that Opin.
ion would have removed every shadow of
doubt from our minds, as we have no doubt
it will, from the minds Of our readers gener-
ally. AZ