The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1838-12-28

became necessary, anu uds ueeu euSS'So'
- shield the department, against the danger 1
~ embarrassment. Its revenue IS now I'M |
urav,ar. aud il will soon resume ITS Onward
course in the march of improvement.
Your particular attention Is requested 10
so n,uch of the Postmaster Generals report I
as relates to the transportation oil the mails
upon rail roads. The laws on that subject
do not seem adequate TO secure that service,
nov become alnos, essential 10 the public
interests, and al the same time protect the
department. from combinations AMI unreas'
onahle demands.
Nor can too earnestly request yeur OF
tep,,an 10 the necessity oil providing more
secure building for this department. The
danger OF destruction To which lis impor
tan, books aud papers are continually expos
ed, as veil from the highly combus'ibIe
character Of the building occupied, as from
that of others IN the yicluity, calls Loudly
for prompt acton.
Your attention IS again earnestly invited
10 the susses,Ious aud recommendations
Submitted a, the last session in respect to The
District OF Columbia.
feel my duty, also 10 bring to your
noi,ca certain proceedings al ias when
have recently been prosecuted IN the DIS
tnct. m the name OF the UnAed States, on
the relation of Aessrs. Stockton q Stokes,
OF the State Of Maryland, against the Post
master General, and which have resulted
m the pa, men, Of money on, of the nation.
al Treasury for the first tine since the ESD
adjustment OF the Government, by judi
cial rampulslon exercised BY the common
Law ART Of lnandauus, issued BY the Circuit
court ofihls District.
The facts OF the case, and the grounds OF
the proceedings, W.. be found fully stated
in the report o. the d-cision and any addl.
tiooal information which you may desire
viii b. supplied by the proper 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, 50 Ear as
they are concerned, Is finally disposed Of !;
bot II IL On the sUppositon that the case
NAV be regarded as an authoritative expos
i,ion Of the law as Il now stands, that |
have thought II necessary 10 present. It TO
your consideration.
The object Of the application to The CIR
cul cour; was 10 compel The Postmaster
General to carry into effect an award made
by the Solicitor Of the Treasury, under a
SPECIAL act Of Congress for the settlement,
OF CERTAIN claims OF the REALTORS on the Pus,
Offire Department which AWARD the Post
master General declined to exeeuie IN full,
uuui he should receive further legislative
direction on the subject. Ii the duty in.
pss-d ,n he Postmaster General. by that
Law, sas to be regarded as one OF an Off.
ca! nature. belonging 10 his office as a
branch Of the En- cu,iye, then Il Is obvious
that the constitutional competency Of The
JUDICIARY to direct and control hun 10 is
discharge, was necessarily drawn IN qges
ton. And IT thr duty SO imposed 90 the
Postmaster Geueral vas to be considered
as merely ministerial, and not executive,
II Yet renamed TO be shown that the circuit
court Of this District had authority to ~.
terfers By mandamus-such power having
never before been asserted or claimed b.
that court. With view 10 the settlement
Of these important qJe-uons, the Judgment
u CINull CNblA HdS Nafi trb w q WIZ
Of error, 10 the Supreme Court Of the L
Safes. Ia the opinion of that tribunal
the duty Imposed on the Postmaster Gene.
"a AS 90, an eiiicla executive duty, but
ofe OF a merely muistrrisi nature. The
grove constitutional questions Which bad
b II discussed. were, therefore, exciude.c
from the decision Of The case the court, 30
aaeAtf Il
ers and duties properly belonging to tbs
Eyecotlye, no other department can inter
fefe nv the writ &c mandamus /; aud to-
q,l~stion, therefore, resolved Itself into this
Has Congress conferred upon Tue circui
court of thus District the power TO issu
e. writ 10 an officer of The General Go
gsrnfoeni commanding HIM to perform
msatsteral acll 4 majority Of the cour
have decided that 1; has. but have ioundes
Their decision upgn process Of reasoning
winch. N my judgment, renders furthe
legislative provision indispensable to Ia,
pubic interests aud ,he eq4al admlnis,ra
,iDn Of Justice.
II has long since been decided BY tn
SutHems Court, that neither that lrlbuna
nor the circuit courts d the United State
he'd within the respective States, posses
the power IN question ; but 1t Is now he'll
thst thls power, denied to both of the-'
high tribunals, 10 the former by Inc Con
sls'uiion, and to the latter bi Congress,
has beeA, by Us legislation, vested IN tb
circuit court &c THIS District. No such d.
rect grant a power H. the circuit court O
fNsz Ilafr - - k.tg
held 10 result, by necessary implication