Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1838-03-15
Correspondence OF the Baltimore Patriot.
WAsHINGToN, Feb. 9th 1888.
SUPREME COURT, UNITED STATES.
THE MANDAMIJS CASE

SUPREME COURT, UNITED STATES.
THE MANDAMUS CASE.
This case which has excited such in
terest is now before the Supreme Court
in the shape of a writ Of error from the
Circuit Court Of the District ofColumbia.
The history of the case is this:
The former incumbent of the Post Of
flee Department did in his official capa-
city of Post Master General enter into
certain contracts with Messrs. Stockton,
Stokes u CO. to carry the mail OF the
U. States, which contracts on the part of
Stockton and Stokes were fulfilled
Soon after the instament Of the present
incumbent. he, Amos Kendall did pro-
rounce the allowance upon these con-
tracts to be inequilable and unlawful,
thus passing Judgement upon the homes
ty Of his predecessor. Subsequently u
pom claim being made TO Congress,
law was passed which directed the So
letter of The Treasury, upon certain pre-
scribed equitable principles to Judge of
the equity Of these claims and TO make
his award, placing the duty of Judging
OF the equitable amount of the claims,
expressly in the hands of the Solicitor
1t was farther directed that the Post
Master General should credit upon the
books OF the department The amount so
dWarded.
A doubt having been suggested by the
Post Master General as to the construc-
ton of the law, the Solicitor asked the
opinion of the Attorney General upon
the point in issue between the Post
Master General and himself.
This opinion of the accredited law
officer Of the Government which is ap-
pended 10 the record OF the Court, cons
trmed the Solicitor in his construction of
the law. The Solicitor makes his award
to the amount $l62,000 Of this sum
Mr.. Kendall pays S l22 600, leaving
balance of S40. 900, which he refuses to
pay, urging that he has discretion un-
der the law.
Stockton g. Stokes then applied to
him whose duty il is 10 see that the
laws be faithfully executed-to The Pres
ident OF the United States, to compel the
execution ofthis act oijustice and of law.
The President having received a com
munication from Mr.. Kendall also. with
out giving any opinion on the subject.
suggested that the matter be rereferred to
Congress tor all erplan aiory Being
brought before Congress, the subject is
referred to the Judiciary Committee of
theSenate, who report uman rim ously fwice,
once before aud once after being placed
in possession of the views of the Post
Master General-that they will recon-
mend no other law as none other is me-
CESAR; that the Post Master General
would be justified in paying and ough.
to pay the 1hOle of the money awarded.
Wilt be believed? The Post Master Cen
eTal again refused either TO pay or 10 credit
the money, still urging that he has discre-
tI"n under this law which mas in terms placed
The discretion in other hands and made him
emphatically ministerial officer thus a
vowing his individual judgment Ia be mere
equivalent 10 that of the Solicitor of The
Treasury, of the Attorney General, and of
the Judiciary Committee of the Senate
Stockton & Stokes being thus unable To
obtain that which was theirs in both equity
and law, president Van Buren, having re.
fused 10 see that the law be faithfully eXecut-
ed, on the ground that his predecessor had
suggested the aclan Of Congress) brought
the matter before the Circuit Court of the
District OF Columbia. The Court having
given the Post Master General an opporiu-
nifty to show cause why mandamus should
not Issue, written argument OF the Post
Master General together with an opinion of
the Attorney General, having been returned,
and the Cause having been argued by Mr. r.
- Kew The District Attorney tho Dost
Master General, and by Nessrs. Reverdy
johnson and Richard S. Coke for Stockton
q Stokes, the Court awarded mandamus
in this stage of The proceedings, the case
was brought up 10 this Court on writ of
error. II was opened by Mr. Francis S.
key, the District Attorney, who laid dow
these two points--that the Court below had
NOT Jurisdiction--that having Jurisdiction, it
should not have issued the mandamus In
Inc course OF his remarks, he urged that the
post Master General has discretion under
The law-thai The words of the law being
That The Post Master General shall paw the
money so awarded" implied discretion, a
right OF Judging whether the money was so
awarded-again, that the power 10 issue a
mandamus to do specified ministerial act,
carried with il the power to issue manda-
mus 10 do discretionary act, and that The
Court might therefore by mandamus, force
an executive officer 10 do Immediately an act
which Of delayed, might be nefcial-assi1
thn! The President as executive officer ofthe
United States. not being suable, the heads
OF Departments 10 whom are transferred Ger.
tain executive duties, being covered with
The mantle OF exeCuiiN o power, are not anne
nable 10 the Courts of The country.
Mr.. Key was followed by Mr.. Coke. who