The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1838-12-13

faoIFl % the LutAfA
49, 49, ~, tribunal, sc daly imposed siir
- p..,,..,,sr General was mi an nfl-
~ .,,eu,.re duly. bal one Of > merely
e :" nature. The grave eSRs,iin-
- aurs.ians wLich nd hsen discuss.
- taerslare. 'exrluded from The
$50 Of she easr; ne court. indeed.
..,,..ly sdmiIling thai. with Pouers
Is,,,e, property bslonging 10 The eI.
-, M other department ean inter-
- Lv he wril oi mandsmns; and ihr
..,;'.,. therefore. resolved itself into
-. has Congress conferred upon The
80 .aurl ii his Di,iriri The poser 10
- .neh , wril % an of.-er Of The gen.
- s,,rrnmenl. commanding him 10
- : ministerial srIl maloriiy Of
,,as, have decided that il has, but
a., I,,unied their dreislan upon . pro-
-. ,l reasoning which. IN my judgment.
,,s,er, further legislative provision an
S,s0,n.sblr 10 The public interests and
- ,ousl administration Of justice.
4, h., long since been decided BY the
c.a,-ms t,,1urg. that neither Thai tribunal
-, ~. eircasl eours ol the United States
ia wuhia The respective states. possess
a. user an qurslI0a; bot his now held
a., nj, pswrr. denied 10 both Of these
L,,h ,r,sanais. a. ile former By the con-
.,s.uun. and 10 the later BY .Congrsss,)
h., be,n, by 10 legislation. vested IN the
~,,,u, enur. Of this district. No such
sr,r, grant ol pawer 10 The circuit eourI
a ,b,, Distract - claimed; bul q has been
held 10 rrsul,. by necessary implication.
Ir,m .s.rral sections Of The law establish
,.s The court. the 81 these sections de-
.l.r.,. thai the laws Of Maryland. ss they
,,,,sI \, the tine ~ The cessIon, should
4. IN Iores IN tina, psrI Of The Drs1rirI eed-
I'd b. tia, state; aud. by shi, provision,
me csnm ~ law. 90 cISIl and criminal
e,,e,. s. 4. prevailed "a Maryland an 1901.
o.. established IN thai Psri u The D's'
meI.
IA England. the Court Of King's Bench
because ,he sovereign Who, according
10 Tie theory ol The constitution. - TIE
f,ual.ia 81 justice. originally sat there IN
pet.an, aud % slill deemed 10 be Preseai.
N construction Of isw-slone possesses
Tie high power Of issuing the writ Of man
danus, not only 10 inferior Jurisdictions
and eorpprsuons. but slso ~ magistrates
snI others. commanding them IN The
Kings name. 10 10 What their duty re-
cures, in cases where there 10 . vested
r,ghl, and no other specific remedy. IL
has been held, IN the case referred 10.
that, % The SupEeme Coui. Of The United
Bates 10, b. the consultation. rendered In-
competent 10 exercise The power, and A.
the circuit court oil the District 10 . eourI
Of general Jurisdiction IN cases u common
lss. snd Ihs,hIshes, court Of originsl ~.
ri.dlcuon IN The Ulswiei. the right ~ Is-
cue Tie viii of msnJsnus 10 incident TO
lis common Law powers. Another ground
relied upon 10 MAINTAIN the power IN ques-
ton 10. TIA, IL Vas included, by far con.
,uuenon, in The power u granted 10 The
circuit courts ol the United States. by the
&C, ITO provide fM the more convenient
nrsanIz .lon Of ne courts oil the United
States" passed 18th oi February, 1901;
tl.., the act establishing the circuit court
ol this District passed the 9Th day of
February. 1901. conferred upon, ina,
court and The Judges thereof the same
powers a. were by Law vested in the cir.
cult courts al the United States and in
the Judges Of tie said courts; that the re-
peal IL the tirsi mentioned sci, which took
place IN ihe. mex, year, did not dives, the
circuit court Of this District Of The autho-
rily in dispute, but left il siIlI clothed With
the powers over the subject which, IL v
conceded, werc taken away from the cir
cult courts OF the United States by the re.
peal 81 the act Of 18Th February, 1901.
Admitting that The adoption oil The laws
Of Maryland for portion oi this District
ronlen on the circuit court thereof. in
tina, portion. the usnscenienl xus.ludl-
cial preroga,ive powers Of The Cuur. VI
Kings Bench. IN England. or that either
al Tie acts Of Congress by necessary Im-
plcaiion, authorize ihr furmer court TO
issue a wrr of rnanda nus 10 an officer oI
hel unIled States. 10 cUmpef him TO per.
iorm ministerial duty, the Consequences
ar. in one respect. the same. The result.
in either case. 10, that the officers of the
United States. sta,ioned in different parts
oil the United States are, in respect TO the
the performance OF their Official duties,
subject TO different Laws and q difIeren,
supervision: those in the States to one
rule. and thnse iu the District Of Colun-
ba another aud a very dliIeren, one. In
tie District their oflicial csuduct is sub.
I'cYto a Judicial control. from which IN
The States they are exempt.
Whatever difference Of opinion may ex.
Is! a. 10 the expediency Of vesting such a
power IN the judiciary. in a system Of
"ernment constituted like that Of the
United States, oil mus, sgree that these
a''pa'ssIng discrepancies IN the law and
m the administration Of justice ought not