Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1838-03-21
From the National In,elligcnoer.
THE MANDAMUs CASE.

States yesterday brought its annual
session 10 close.
Next in Importance 10 the decision
in favor OF lis own jurisdiction in the
case between the State of Massachu-
sets and Rhode Island, the most i'm.
portant principles deeided by the Court
at this term are supposed to be those
involved in the case Of Amos Kendall,
Postmaster General, Us. United STATES
er.relatione Stockton, Stokes, and 9th.
ers.
In this great case, Mr.. Justice
TuomrsoN delivered the Opinion OF
the Court, for the following abstract of
which We arc indebted 70 the kindness
of friend more familiar with hw
terms than we profess to be:
SUPREME CouRr, Monday, March 10.
| Amos Kendall, Postmaster General,
vs..
United States ca reiatione Stockton,
Stokes, aud others.
ABSTRACT OF THE OPINION on THE
COURT.
The questions are, first, Does The
record present proper case for a
Mandamus ed. Does the Circuit
Court OF this District possess jurisdic.
ton In the case
The Court think that the act requi.
red to be performed by the Postmas.
ter General is mere ministerial act,
in which the President has no authori-
ty to interfere. II would be an alar.
ming doctrine TO maintain that, in the
performance of such duties as are en-
joined by law upon any public officer
the President has any right to utter
iere. In this case there is no conflict
between the judicial and Executive
authority.
The claims originally were against
the United States through the United
States. The United States could not
| be sued without their consent. They
| submitted the claims TO the Solicitor
| for his examination and award, and
the Postmaster General was directed
to credit the amount OF the award.
The decision Of the Solicitor, under
the act, was final no appeal was
allowed--no supervision power given
to tho Postmaster General or to any
other party.
II may well be questioned whether
the parties, under the act Of Congress,
did not possess clear vested right
But, whether the Legislature could
have revised this decision or not, il
has not done so. So far us concerns
one branch of the Legislature, the ac-
ton Of the Senate amounts to recog
nition of the binding authority of the
/ award. The unanimous opinion oI
the Senate precuded the necessity Of
going to the other House.
The right thus oscertained, the
means OF enforcing it is by the judi.
cial authority.
The authority Of the President to
| forbid or to control the execution Of
| the law is at variance with every prn.
ciple of the Government.
In fact, the President has not acted
in the case, so as TO bring these de-
partments into conflict. lie has refu-
sed to interfere 10 prevent the execu.
ton Of the law.
The right of the REALTORS, under the
act OF Congress tor their relief, is
now absolute and irreverslble.
! How is il to be enforced <? The act
to be done is purely ministerial. The
officer directed to perform il has nc
discretion. Is the remedy by Man
damus fit aud appropriate rene
| dy?
| The common law OF Maryland is the
law of this district. The common law
provides this writ as the peculiar rem
edy in such cases. The remedies,
suggested at the bar, were an applica
ton to the President or to Congress,
or a civil suit. These are not such
remedies as the law requires.
A case Of Mandamus is "a case with
in the constitution. 1t possesses all the
qualities of such case.
2. Has the Circuit court Of the dis
trict jurisdiction of this case? 1t has
been decided that the Circuit Court o
the United States have moi jurisdiction
Has the Circuit Court of this Distric
larger powers in this particular
| Tine terms of the constitution are
broad enough to warrant Congress
in vesting such Jurisdiction in the
! Circuit or other inferior courts Of the
| United States.
No objection can prevail derived
from the official character of the par
ty to whom the writ is directed, or the
character Of the act which he is called
upon to perform.
The cases decided in this Court
have settled that the power to issue