Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1838-12-14

I't''SHNil tfShAS "bN HCbVt tuV iNtO'iNN'S
Of It's former exploits, and the anticipation 9
It's future iriumphs whenever opportunit
presents itself, which We may rightfuIly il
dulge from the experience Of the past al
seem TO point 10 the navy as most efIicien
arm Of our national defence, and a prope
object Of Legislative encouragement.
| The progress and condition Of the Pos
Office Department will be seen by reierenc'
to the report Of The Postmaster General
The extent OF post roads, covered by mai
contracts, is stated to be 31,6l8 miles, ant
the annual transportation upon them 81,
5S0202 miles. The number Of post Offices
in the United States is 1858, and rapidly in
creasing. The gross revenue for the yea
ending on the 30th day Of June last was
S4,262, IDS The accruing expenditure
S46s0,06s excess of the expenditure
54l7,923. This has been made up out oil
the surplus previously on hand The cash
on hand on the first instant was S3l4,06s
The revenue for the year ending June 80
1888, was Sl6l.540 more than that for the
year ending June so, 1897. The expendi.
lure OF the department had been graduated
upon the anticipation Of largely increased
revenue. A moderate curlailment of mail
service consequently became necessary, and
has been effected, 10 shield the department
against the danger Of embarrassment. Its
revenue is now Improving, and II will soon
resume its onward coayse in the march OF
improvement.
Your particular attention is requested TO
so much of the Post Master Generals report
as relates 10 the transportation of the mails
upon railroads. The laws on that subject
do not seem adequate 10 secure that service !;
now become almost essential to the public
interests. and al the same time protect the
department from combinations and unrea-
sonable demands
Nor can | Too earnestly request your at.
tention to the necessity Of providing a more
secure building for this department The
danger OF destruction 10 which its important
books and papers ere continually exposed, as
well from The highly combuslibe character
of The building occupied, as from that OF
others in the vicinity. calls loudly for prompt
action.
Your attention is again earnestly invited
10 the suggestions and recommendations
submitted at the last session in respect TO the
District OF Columbia
| feel it my duty. also, TO bring 10 your
notice certain proceedings al law which
have recently been prosecuted in this Dis
trIci, in the name of the Un.ied States, on
the relation OF Messrs. Stockton & Stokes OF
the State OF Maryland. against the Posimas-
ter General. and which have resulted in the
Of money on, OF The national Trea-
sury. Tor the FIRST time since the establish
meut OF the Government, by judicial com.
pulsion exercised by the common law writ
Of mandamus, issued by the circui, court Of
Ibis District.
The iacis OF the case aud the grounds Of
The proceedings. will he found fully stated in
The report Of the decision and any addi-
lional Information which YOU NAV desire
will be supplied by the proper department
No interference in the particular case is
contemplated The money has been paid
he claims Of the prosecutors have been sal.
shed and the whole subject, so far as they
IRE concerned. is finally disposed Of; but il
S on the supposition that The case may be
regarded as an aulborative exposition OF the
aw MS il now stands. that | have thought il
necessary 10 present il TO your considera.
ion
The object ofihe application TO the circui,
'ourl was 10 compel the Postmaster Gencr-
Il to carry into effect an award made by the |
solicitor ofthe treasury under a special act
u Congress for the settlement OF certain I
,iaims OF the REALTORS on the Post Office De- |
'arimenl, which award the Postmaster Gen.
raj declined to execute in full, until he
Mould receive further Legislative direction
N The subject fihe duty imposed on the |
'os,master General, BY that law, was TO be |
egarded ms one oil an official nature, belong.
ng 10 his Office as branch ofthe Executive. |
hen II is obvious that the constitutional com
'etency OF The Judiciary to direct and con.
rol HIM IN its discharge, was necessarily /
lawn in question. And if the duly SO i'm
'osed on the Postmaster General was 10 be-
onsidered as merely ministerial, and not
Executive, il yet remained to be shown that
he circuil court Of this District had au,hori-
y to Interfere By mandamus-such power
aving never before been asserted or claim.
d by that court.
With u view to the settlement OF these i'm.
orlant questions, the judgment of the cir
uit court was carried by writ Of error TO
be Supreme Couri of the United States In
ne opinion oflhat tribunal, the duty imposed
n the Postmaster General was not an of.
clal, executive duty but one of merely
MINISTERIAL nature. The grave constitution.
questions which had been discussed were
ierefore, excluded from the decision of the
use; the court indeed expressly admitting
nat, with powers and duties properly be,
'nging to the Executive, no other depart.
lent can Interfere by writ of mandamus /
nd the question, therefore, resolved lsefin.