Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1838-12-12

. F.
Gent Of our national defence, and proper OBJ
ject Of legislative encouragement
The progress and condition Of the Post Office
department win be seen BY reference to the report
Of the Postmaster General. The extent of post
roads, covered by mail contracts, is stated to be
1898 miles. and the annual transportation upon
them 81 10000 miles. The number Of Post Off
in the United Stafes is II ,553, and rapidly in
creasng. The gross revenue for the year ending
on the 30th day Of june last was 6 262, I4j. The
accrping expenditures 81 680,o6e; excess OF ex-
penditures $4l7 1923. This hes been made up Out
Of the surplus previously on hand. The cash on
hand on the FIRST instant was $3l4068. The reve-
nue. for the year ending June 30, 1888. $I6l.-
$40 more Than that for the year ending June 3d.
1887 The expenditures Of the Department had
been graduated upon the anticipation of largely
increased revenue. A moderate enrichment of
mail service consequently became necessary, and
has been sfected, shield the Department against
the danger Of embarrassment. IT. revenue i row
improving, and IL will resume its onward
course 10 the march Of Improvement.
our particular attention isIeQuesied TO so uuch
Of the Postmaster Generals report 90 relates 10
the transportation ofihe mails upoa railroads. The
laws on that subject do not seem ado aiale to So.
cure that service, nov become almost essential to
the public Interests. and at the same time protect
the Department from combinations and uuressona.
BILE demands
Nor can ! too earnestly request your attention to
The necessity Of providing secure building
forthis Department. The danger of destruction 10
which It's important books and papers are continI-
ely exposed, well from the highly combustible
character of the building occupied from that Of
others in the vicinity, calls loudly for prompt ac-
tion.
Youi attention is again earnestly invited to the
suggestions and recommendations Submitted al The
last session in respect 10 the District OF Colum.
bia.
| feel it my duty, also, to bring TO your notice
certain proceeding. at law which have recently
been prosecuted in this District in the name ofthe
United Staies, the relation OF Messrs Stockton
/ x Sokss, OF the State OF Maryland against the
| Postmaster General, and which have resulted in
the payment Of money out Of the National Treasu.
ny, for the first time since the establishment Of the
Government, by judicial conpulsion exercised by
| the common law writ OF mandanus issued BY the
CIRCUIT Court of this District.
The facts Of the case, and the grounds of the
proceeding, viii be found fully stated in the report
Of the decision; and any additional information
which you may desire will be supplied by The prop
or department. No interference in the particular
case is contemplated. The money has been paid ;
the claims Of the prosecutors have been satisfied
and the whole subject 80 far as they are conce, ned
is finally disposed of; but il is on the supposition
that the case NAV be regarded as authorit,ve ex
/ petition of the law it now stands, that 1 have
thought II necessary TO present it your considera-
| ton.
The object Of the application to the circuit court
was TO compel the Postmaster General 10 carry
into effect an award made BY the Solicitor of the
Treasury, under special act of Congress, for The
settlement of certain claims Of The REALTORS on the
Post Office Department; which award the POST
master General declined TO execute in full until he
should receive further legislative direction on The
subject Ii the duty imposed the Postmaster
General by that law To be regarded as one of
an official nature, belonging to his Office ms a branch
OF the Executive, then is obvious HAT the consti.
tutional competency of the Judiciary to din ect and
contf oil bin IN its discharge was necessarily dawn
IN question. And if tie duty so imposed on the
Postmaster General was to be considered "a ,nere-
y ninlsteial and not executive, il vet remained to
De shown that the Circuit Court of this District had
authority TO interfere by mapdamus-such power
having nevei before been asserted or claimed bv
that Court. With view TO the settlement of these
important questions, the judgment of the Circuit
Court was carried by writ OF error to the Supreme
Court OF the United States. In the opinion of thnt
tribunal, the duty imposed on the Pos master Gen
efal was not an official, executive dnty but one of
merely ministerial nature. The grave co,siitu.
tonal questions which had been discussed were
therefore, excluded from the decision of tho case
the Court, indeed, expressly admitting thar. viii
powers and duties properly belonging TO tie Exec
uuse, no otner department interfere by the
VIII oi mandamusi and the question therefore re-
solved itself into this: Has Congress conferred
upon the Circuit Court of this District the power
TO issue such writ to an officer of the General
government commanding him TO perform u minis
terial acti majority OF the Court have decided
'hat 1t has; but have founded their decision upon
process OF reasoning which, in my Judgment rem.
dcrs further Legislative provision indis pensable to
the public interest and the equal administration of
justice.
1t has long since been decided by the Supreme
Court that neither that tribunal nor the Circuit
Courts OF the United States held within the respec-
i've states possesses the power in question; but it
IS now held that this power denied to both of these
high tribunals, (to the former by the Constitution
and to the latter by Congress- has been by its le-
glslation, yes ed in the CiIcuit Court of this Dis
trct No such direct grant of power 10 the Circuit
Court OF this District is claimed; but it has been
held to result. by necessary implication, from seve-
raj sections OF the law establishing the Court. One
OF these sections declares that the laws of Mary
land, as they existed at the time of the cession
should be in force in that part of the District coded
by that State; and, by this provision the common
law, in civil and criminal cases. as it prevailed in
Maryland IN 1901, was established in that part of
the District.
In England, the Court of Kings Bench--because
the Sovereign, who, according to he theory of the
Constitution, is the fountain of Justice, originally
sat there in person, and is still deemed to be pres
emit IN construction Of law-alone possesses the
high power of issuing the writ of mandamus, not
only TO inferior jurisdictions and corporations but
also to Magistrates and others, commanding them
IN the King name, to do what their duty requires
IN cases where there is a vested right and no other
specific remedy. II has been held, in the case re-
lerred TO. that, the Supreme Court of the United
States is, by the Constitution, rendered incom pp
tent to exercise this power, and as the C;rcuit
Court ct this District is Court of general jursdic
of original Jurisdiction in the District the ,iob, ~
issue the wit Of mandamus is inciden, to its com.
mon law powers. Another ground relied upon TO