Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1838-03-22

sion TO u close. Next in Importance TO n
the decision in favor Of its own jurisdic-
Iion in the case between the States Of
Massachusetts and Rhode Island, the I
most important principles decided by the
Court at this tenn are supposed To be
those involved in the case ol .3m0s Ken
dali, Post Muster General, vs.. United
States er reiaiione Stockton, Stokes, and
others. In this great case, MIR. Justice
THOMPSON delivered the Opinion Of The
Court, for The following abstract of which
we arc indebted to the kindness Of a
friend more familiar with law terms than
We profess to be -
SUPREME MONDAY, March l2.
limos Kendall, Post Master General,
VS..
United States eI reiafione STOCKTON, Stokes,
aud others.
ABSTRACT OF THE OPINION OF
TIE COURT.
The questions are, first, Does the record
present proper case for n Mandamus I'd.
Does the Circuit Court of this District pos
sess jurisdiction in the case b?
The Court think that the act required to
he performed Wy the Postmaster General is a,
mere ministerial act in whicli the President
hns no authority Ia interfere. IL would be
on alarming d. ctrinc to maintain that, in the
perforn,aHcc Of such duties rs are enoned
by law upon any public officer the President
has any right TO interfere. in this case there
is no conflict between the Judicial and Ex-
ecutNc authority.
The claims originally were against the
United States through the United Statcs.-I
The United States could not be sued without
their consent. They submitted the claims TO
the Solicitor for his examination and award,
aud the Postmaster General was directed to
credit the amount Of the award. The de-
ciSion OF the Solicitor, under the act, was
final; no appeal was allowed no supervising
power given to the Postmaster General or to
any other party.
1t 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 de-
cslon or not, il has not done So So far as |
concerns one branch Of the Legislature. the |
action of the Senate amounts to recognition
of the binding authority Of the award. The
unanimous opinion of the Senate precluded
the necessity Of going TO the other House.
The right thus ascertaincd, the means of
enforcing il is by the Judicial authority.
The authority of the President to forbid or /
tO control the execution of the law is at va
rance with every principle of the Govern.
mcnt.
In fact, the President has not acted in the
case, so as to bring these departments into
conflict. lie has refused to Interfere To pre-
vent the execution Of the law.
The right of the REALTORS, under the act of
congress for their relief, is pow absolute and I
reversible.
- How is it to be enforced? The act to be
done is purely ministerial. The officer d.
rertcd to perform it has no discretion. Isthe
remedy by. Mandamus fit and appropriate |
remedy?
The common law of Maryland is the law
OF this District. The common law provides
THIS writ as the peculiar remedy in such cases.
The remedies suggested at the bar, were, an 4
application to the President; or to Congress;
or n civil suit. These are not such remedies
as the law requires.
case of Mandamus is case within the
Constitution. 1t possesses all tho dual cs
of such case
2 Has the Circuit Court Of the District
jurisdiction of this case 1t has been de-
cldcd that the Circuit Courts of the United |
States have not jurisdiction. Has the Circuit
Court of this District larger powers in this
particular? Il
The terms Of the Constitution arc broad
enough to warrant Congress in vcsting such
jurisdiction IN the Circuit or other inferior
courts OF the United States. II
No objection can prevail derived from the
official character OF the party to whom the
writ IS directed, or the character of the act
which he is called upon to perform.
The cases decided i'll this Court have set
tied that the power 10 issue such a writ is
within the judicial power as conferred by the
Constitution and that those courts could
not exercise the power, because CongrossI
had not conferred upon them all the power
which II consiltntlonaly might do.
By the Constitution and acts Of ccsson,
Congress possesses exclusive legislative
authority over this District SO far as re.
CARDS cases in which individual rights arc
concerned, the judicial authority should be
co-eXicnslvc with the Legislative
In Maryland, prior to the cesson of this
District, Tie writ Of Mandamus was recog-
nized as an appropriate remedy in cases
where, upon the principles of the common
law, it would lie. Il
The Circuit Court is the only court in this
District which possesses that original juris
dictlon which can be thus exercised
Under the Isl sec. of the act of the 9th
Feb. 1901, continuing the laws of Maryland,
II would seem that this remedy is continued
The Sd aud 5lh sections OF the same law con.
firm the same conclusion. II
The Court aGirms the decision of the Cir
cult Court for the District OF Columbia, with
costs, and rcmands the case TO that Court for
further proceedings. n
The CHiEF JUsrfcE, for himself and Judge
BARBOUR, and Judge CArRoN, dlssenteJ
from the opinion of the Court. The Chief
Justice concurrcd with the majority of the
Court IN The opinion that the judicial power,
ns Indicated by the Constitution, authorised
Congress to confer jurisdiction upon any OF
the Circuit Courts 10 issue writs Of Manda-
mus; and also that this was fit case for
Mandnmos, as III his judgment it was the
bonndcn duty of the Postmaster General to