Southern marksman. [volume] (Clinton, Miss.) 1838-1839, 1838-12-25

4
tailment OF mail service consequently be-
came necessary and has been effected, 10
shield The department against the danger
Eof embarrassment. It's revenue is now
Improving, and il will soon resume its on.
ward course in thefnarch of improvement,
/ Your particular attention is requested
1 td so much of the Post Master Generals
report as relates TO the transportation of
1.-The r4aIls upon rail roads. The laws on
That snbject do notseem adequate to sc,
lcure that service. now become almost es-
sentia TO the public interests, and at the
same time protect the department from
combinations and unreasonable demands.
Nor can 100 earnestly request your att
tention "a. the necessity of providing a
more secure buildings Tor this department.
The danger of dekiFuctfun to which its i'm.
pArtant books ana papers are continually.
exposed, aswellf from The highly combusti~
BILE character ofahe building occupied, as
fromthat of others in the Vicinity, calls
loudly for prompt action.
Your attention is again earnestly 'a";-
ted to HE suggestions and recommends
ltions submitted at the last session In res
+
feel iSmy duty, also, TO bring 10 your
notice cersin proceedings at law which
have recently been prosecuted IN this Dis-
trict in the name Of the United States, on
the relation ofMessrs. Stockton q Stokes,
of the State of Maryland, against the Post
Master General and which have resulted IN
The payment of money out of the National
Treasury, for the FIST time since The estao-
lishment of thu Government, by judicial
compuIsion exercisedby the common law
writ ofmandamus, Issued by the circuit
court of this District.
The facts Of the case, aud the grounds
of the proceeding, will be FUND. fully stas
ted in the report Of the decnion and any
additional information which YOU may de-
sire will be supplied by the paper depart
ment 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
so far as they are concerned, is finally dis
posed Of; but it is on the supposfuon that
, the case NAV be regarded as an authori-
= tive exposition of the law as it now stands,
: that have thought it necessary to pre-
Sent III 10 your CO1Sl0SrdtloHs
The object ofthe application TO the cir.
cult court was TO 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 relaiors of the Post
: Office Department, which award the POST
,, master General declined to execute in full,
until he should receive further legislative
J direction on the subject. If the duty I'M
posed on the Postmaster General, by that
law, was to be regarded as one of an official
: nature, belonging to his office as branch
u of the Executive, then it is obvious that
9 the constitutional competency Of the Judi
Z ciarv to direct and control MN in its dis
charge, was necessarily drawn in question.
u And if the duty so imposed on the Post
master General was to be considered as
u merely ministerial, and not executive. il
a YET remained to be shown that the circuit
&c court of this Di trict had authority to In.
>, terfere by mandamus-such power hav.
~ ing never before been asserted or claimed
Is sy that court. With view to the settle.
ID meat of these important questions, the
Judgment of the circuit court was carried
OF BY writ of error,'to the Supreme Cour
a. of the United States. In the opinion o
OF that tribunal. the duty imposed on the POST
ie master General w as not an official, execu
C. tive duty, but one of merely ministerial
IS nature.
ne The grave constitutional question:
OF which had been discussed were, therefore
OF excluded from the decision of the case: thu
cir court indeed expressly admitting that, witt
n' powers and duties properly belonging t
n the Executive, no. oher department cal
or Interfere by the writ of mandamus; AM
in the question, therefore, resolved itself int
af- this: Has Congress conferred upon thu
lai circuit court of this District the power t
III issue such a writ to an officer of the. Gen
lc- eral Government, commanding hun to per
of form ministerial AL? A majority OF IN
court have decided that it has, but hav
I'LL founded their decision upon process G
re- reasoning, which, 10 my judgment, render
of further legislative provisions indlspensloi
ms to the public interests and the equal admin
pid istration Of justices
IN. Ii has long beendecided by the Suprem
ew Court, that neither that tribunal nor tn
90 circuit courts of the United States, bel
ro- within the respective States, possess ii
exx power in question; but il is now held tn;
hts this power, denied to. both of those hig
aer tribunals (to the former by the Constitute
are and to the latter by Congress) has been
it its Legislation, vested in the circuit cou
ON of this District. No such direct grant
int power to the circuit court of this Distri
our is claimed; bat it has been held TO resu
of by necessary implication, from sever
= 4. ~. al