Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1838-12-27

tention to the necessity Of providing
more secure lding for this department.
lhe danger Ol destruction to which its I'm.
portant books and papers are continually,
exposed,as w ell from the highly combusii-
bic character OF the building occupied. as
from that Uf Others in the vicinity. calls
loudly Tor prompt action.
Your attention is again earnestly invited
to suggestions and recommendation sub
mitted at the last session. in respect To the
! District of Columbia.
feel it my duty also to bring to YOUR
notice, certain proceedings n, law which
nave recently been prosecuted in this Dis
tr'cf, IN the name Of the United States, on
| the relation Of Nlessrs. Stockton and Stokes
| OF the State Of Maryland, against the p.
M aster General, aud which have resulted
| inihe payment of money out Of the NaIiun-
| al Treasury. for tue first time since the es-
tablislinent Of the Government, by iud
cial coInpnlsion, exercisedby the common
law writ Of mandanIus, issued by the cir
cult court of this District.
The facts of the case, and the grounds
of the proceedings. will he found fully
stated in the report Of the decision; aud
any additional information which you may
desire will he supplied bv the proper de-
partment. No interference in the partc-
ular case, is contemplated. The money
has been paid the claims Of the prosecu-
tors have been satisfied; aud the whole
subject, so lar as they are concerned, is f.
lsnally disposed of; bui it is on the suppOsi-
tion that the case may he regarded as all
authoritative exposition nI the law as it now
stands, that have thought il necessary to
present 1t 10 your consideration.
The ohjec, Of the application to The cir
| cut court WAS to compel the Post Master
| General. TO carry into effect an award
made by the Solicitor of the Treasury,
nndcra special act of Congress for the set
Element of certain claims Of the REALTORS
on the Post O2:cc Department. which "a
ward the Post Master General declined to
execute in full. until he should receive fur
/ ther Legislative direction IN the subject
IL the duty imposed on the Post Master
General. by iha, law, was to be regarded
as one of an official nature, belonging 10
his Office as branch Of the Execuive,
then II is obvious that The Constitutional
competency of the judiciary To direct and
control him in its discharge was necessarily
drawn IN question Aud if the duiy sD
imposed on the Post aster General. wa>
To he considered as merely ministerial aud
l.
ssihat the Circuit Court Of this District hf,l
authority Ia Interfere Ivy mandamus--such
= power having never betnre been assert
ed ar claimed by that court. With r view
10 tine settlement of these import an, Ques-
tiOns, the judgment of the Circuit Court
was carried, by n writ of error, 10 the Su
Preme Court Of the United states In the
| opiniOn Of that tribunal. the duty imposed
"n the Pos, Master General was moi an Of
hcinl executive duty, but one OF a merely
ministerial mature. The grave cons,tn-
tional questions, which had heen discuss
cd, were. therefore. excluded from the de-
cislon ot the case: the court, indeed. cx-
prrssly admitting that. with powers and
duties properly bel M ing 10 the Execu-
tive, no other department can intesferc by
the writ of mandamus; and the question,
therefore. resolved itself into this :--Ha.
Congress conferred upon the circuit court
of this District, the power to issue such a
writ to an officer of the General Govern
ment. mandinS him to perform min
isierial acI A majority of the Court
have decided thai il has, hut have founded
Their decision upon process of reasoning
which. in my judgment, renders further
legislative provision indispensable to the
public interest, and the equal admiEstra-
tion Of justice.
1t has long since been decided hy the
Supreme Court. tina, neither that tribunal
nor the Circuit Courts of the U. States,
held within the respertiv" States, possess
the power in question. but it is now held
that this power. denied to both these high
tribunals. ito the former by the Consiiu-
ton. and to the latter by Congress.) h =
been, by its legislation. vested in The Cir.
cult Court of this District. No such di.
rect grant of power to the Circuit Cour,
of this District is claimed. but it has been
held to result. by necessary implication,
from several sections of the law establish
ing the court. One Of these sections de
clares, that the laws Of Mary land, as they
existed at the time Of the ccssion, should
be in force in that part Of The District ce-
dcd by thar State; aud by this provision
the common law, in civil and criminal ca
SEES, as it prevailed in Maryland in 1901
was established in ,ha, part of the District.
In England. the Court Of Kings Bench
because the Sovereign. who. according
to the theory of the Constitution, is the
fountain Of Justice, originally sat there in
person. and is still deemed to he presen .
i'm construction of law Malone possesses the
high power Of issuing the writ Of manda
mus, not only - inferior Jurisdictions and
corporations, hut also TO magistrates and
others, commanding them, in the King
name, TO do what their duty requires. in
cases here there is vested right. and no
other specific remedy. 1t has been held. in
the case referred 10. that as the Supreme
Couri Of the United States is. by the Con
stitniion. rendered incompetent to exercise
| this power, aud as the circuit court of III
district is a court of general jurisdiction in