Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1837-06-29
TIE MANpAMus CASE.

Ia the Circuit Court % yNashipgton County,
D. 4. On Saturday. that being the day assigned
for the return by the Postmaster General. Of
me "rH oI mandamus directed 10 him n the
instance OF stockton q Stokes, Sc. Mr. key.
tie United states District Attorney. read 10
The Court long and srguunentAtiye doSu-
ment poTPOrtIDg 10 be the answer OF Ihs Po.,-
master General 10 the above mentioned writ.
~ which the Jurisdiction assumed by the Cir
cut Court Is denied for tie following rsa-
suns
First, that IL is the function Of the Executive
10 take care that the laws be faithfully e1ecut-
ed, and that VI ths Judiciary 90 sxpound such
as require ~ that 90 the President Of the L.
States, and not 10 the courts Of Justice. be-
longs the duty Of directing and controlling all
executive officers In the performance Of Ih.,r
official duties; and that when the courts iniei-
fere 20 control them they assume an executive
function, invade the province Of the PRESIDED,
and subven the constitutional assignment II
powers.
I'd. That Cobgre., have not conferred or
attempted 10 confer on the Circuit Court cor
the District Of Columbia authority 10 issue \
writ Of mandamus for the purpose Of control.
ing executive officers in the performance -
Their duties, whether general or specific; that
the Postmaster General is On executive officer
that IN the matter upon which this proceedung
has originated, he has acted in that capacil,
aud that he Is not lawfully comfortable therein
BY writ Of mandsmuS
}. That in the case before the Court The
Postmaster General had clear and undoubird
discretion, IN the exercise OF which lac j.,
amenable 90 no judicial tribunal and that d.
Court having no jurisdiction OF the matter IA
question, either original or appellate, earuot
lawfully court and obtain il by a mandamus
4. That The Court have ordered the Post
master General to 90 that which he has no
lawful power to do, not having Official CUSTODY
or control OF the books on Which The credits
arc commanded TO be entered.
Mr.. Key also read the opinion Of the
Attorney General on the case, sustain
ing the Postmaster General in the DO
siticns taken by him, aud which Is re-
ferred TO IN the answer; after which
the documents were placed on file,
add Mr.. X. entered his appearance as
counsel for the respondent.
Mr.. Coke, counsel for REALTORS. OBJ
served that in his opinion. as he pre-
sumed also, in the opinion ofthe Court.
the proper course to be taken. would be
for the Court to quashth return on the
writ as insufficient, and TO issue a pc
remptory order for a sufficient one. -
He had heard nothing in the papers
just read to shake his confidence 10 the
opinion which the Court had heretofore
given; but If the Court conceived that
points which had already been discuss
ed, should be again argued. he was
ready 10 proceed with the argument.-
When he said he was ready, he refer
red to the general principles involved,
on which he vas prepared TO 90 on al
once, but il would be impossible for
him to notice the various authorizes
cited in tie documents. and reply to
the new points embraced in then, with
out having al opportunity of examin-
ing them in detail. As there would
be no time 10 take copies, he hoped
there would be no objection 10 his ex-
aiming the originals.
In answer to a question from the
Court, Mr.. Coke said that The Counsel
for the relators would be ready 10 pro-
ceed with iheir argument on Monday
and that Mr.. Reverdy Johnson, Of
Baltimore, associated with him in the
case, would arrive in the city BY the
evening cars Bal CA,oa.