Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1838-03-21

sion, Congress possesses exclusive lc-
gislaiive authority over this district
So far rs regards cases in which indi.
vidual rights are concerned, the Judi.
cial authority should 30 co-extensIvo
with the Legislative.
in Maryland prior to the cession Of
this district, tho writ If Mandamus was
recognized as an appropriate remedy
IN cases where, upon tho principles OF
the common law. il would lilo.
The Circuit Court 10 the only court
"a This district which possesses that
orginal Jurisdiction which can be thus
exercised
Under The ist sec. OF the act of I7th
Feb. 1901, continuing the laws of
Maryland, II would seem that this rem
edy IS continued. The Sd and 5,h
sections of the same law confirm the
same conclusion.
The court affirms the decision OF
the Circuit court for the district of
Columbia, with costs, rnd remands the
case to that co,irt for further proceed
ings.
The Chief Justice for himself and
Judge RaRBouR and Judge CATION.
dlssented from the opinion Of the court.
The Chief Justice concurred with tht
majority Of the court in the opinion
that the judicial power, as Indicated b.
the constitution, authorized Congress
to confer a jurisdiction upon any oil
the circuit courts to issue writs OF
Mandamus, and also that this was a
fit case for Mandamus, as, in his
Judgment, it was the bounden duty OF
the Postmaster General to enter the
credit for the full amount awarded by
the solicitor as soon as that award was
notified to him. The only ground Of
dissent was, that he did not concur in
that part of the opinion which consid.
cred the circuit court OF the district as
possessing larger powers in this par.
i tIcular than the other circuit court OF
the United States.
On the above the National lntelE.
gencer says -
Most sincerely do we congratulate
our readers upon the above decision,
and, above all, upon the spirit of indie.
pendence, and OF resistance to the in
sidIous encroachments Of despotism.
which are embodied in and to which
we do not understand the thrco Judges
to dissent, though they did dissent
from the other six on the question Of
law. This Opinion confirms and fixes
our respect for the character Of the
Supreme Court, and our reverence for
the principle Of judicial independence,
so intimately blended, in our mind.
with those OF Judicial integrity and
consistency. 1t will stand as a bca.
con 10 mark to demagogues in Office,
Tor all future time, the point at which
their presumption and tyrannous dis
position will be rebuked and effective.
ly stayed. The force Of this allusion
cannot be well understood unless by
quotations from the Opinion, which
we have II not III our power TO make.
The substance of one passage, how
| ever, we venture 10 state from memo.
ny thus. The argument that the off,
Ger of the Government in this case
was responsible to the President of the
| United States alone for the discharge
| Of the duties imposed upon HIM by law,
IS entitled to no weight to recognise
its validity would be vesting in tho
President dispensing power which
has no warrant IN any part Of the
Constitution; it would be to impute To-
him, in effect, power to control the
Legislation of Congress.