Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1838-12-18

itS NsstSA youldF AeslKef VIII % SUP lieo Dp the
proper department.. No ihierIeEanca in ihespaF.
8ticular case is contemplated The money has
been paid; the claims Of the pf6secuters havs
been satisfied and the whole subject, 81 lsr as
they are concerned, IS finally disposed OF butt IS
on supposision that The case may be regarded IS
an authoritative exposition Of The Law Fl now
stands, that have thought i necessary 10 present
ito your consideration. sa ~
The object Of the application 10 the circuit
court was to compel the Post Master General 10
carry into effect an award made By the Solicitor
ofthe Treasury, under a special act Of Congress
for the settlement ocerain claims OF the REALTORS
on the Post Office Department, which award the
Post Master General declined TO execute in full,
until he should receive fnrther legislative direction
on the subject. Il the duty imposed on the Post
Master General, by that law, was to be regarded
as one Of an official nature, belonging 10 his Office
as branch OF the Executive, then it is obvious
that the constitutional competency Of the judicial
~ to direct and control him in its discharge, was
necessarily drawn in question. And ir the duty
so imposed on the Post Master General was to
be considered as merely ministerial and not exc
cutiVe, it yet remained to be shown that the cir.
cult court Ofths district had authority TO interfere
By mandamus--such poRe having never be-
toto been asserted or claimed by that coult
With view to the settlement of these important
questions, the judgment Of tho circuit court was
carrie1.by writ of error,to the Supreme court Of
the United States. In the opinion Of that tribu-
nal, the duty imposed on the Post Master Gen.
eral was not an official, executive duty, but one
OF merely ministerial nature. The grave con-
stitutlonal questions which had beer discussed
were, therefore, excluded from the decision of
the case; the court, indeed, expressly admitting
that, with powers and duties properly belonging
to the Executive, no other department. can inter
fcre by the writ of mandamus, and the question,
therefore resolved itself into this: Has Congress
conferred upon the circuit court Of this District the
power 10 issue such writ to an officer Of the
General Government, commanding HIM to per-
form ministerial actl A majority Of the court
have decided that il has, but have founded their
decision upon process Of reasoning which, in
my judgment renders further Legislative provision
indispensable to the public interests and the equal
administration Of Justice.
It has long since been decided by the Supreme
Court that neither that tribunal nor the circuit
courts Of the United States, held within the re-
sPectiye states, possess the power in question !;
but it is now held that this power, denied to both
OF these tribunals Ito the former by the constitu.
ton, and to the latter by cOngress) has been, by
ITS legislation, vested in the Circuit court Of this
District. No such direct grant or power to the
Circuit Court of this District is claimed but it
has been held to result by necessary implication,
from several sections of the law establishing the
court. One Of these sections declares, that the
laws Of Maryland as they existed at the time of
the session, should be in force in that part of the
District coded by that state. and, by this provis-
ion, the common law, in civil and criminal cases,
as it prevailed in Maryland in 1901, was estab.
lished in that 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 be present, in construction
of law-alone possesses the high power of
issuing the writ of mandamus, not only TO
inferior jurisdictions and corporations, but
also to magistrates and others commanding
them, in the Kings name, to do what their
| duty requires, in case where there is a vest
ed right, and no other specific remedy. 1t
has been held in the case referred to. that.
as the Supreme Court of the United States
is, by the constitution, rendered incompetent
to exercise power: and as the circuit court OF
this District is court of general iurisdic-
ton in cases at common law, and the high
est court of original jurisdiction in the Dis
trict. the right 10 issue the writ Of manda.
mus is incident 10 its common law powers
Another ground relied upon to maintain the
power in question, is that it was included, by
fair construction, in the power it granted to
the circuit courts Of the United States, by
the act +" to provide for the more convenient
organization of the courts of the United
States" passed 18th of February, 1901; that
the act to establish the circuit court Of this
District, passed the 9Th day Of February,
1901 conferred upon that court and the
judges thereof, the same powers as were by
law vested in the circuit courts of the Uni,
ted States and in the judges of the said
courts that the repeal OF the first mention.
ed act, which took place in the next year
did not divest the circuit court of this DIS
! trict of the authority in dispute, but left i
II still clothed with the powers over the sub
ject which it is conceded, were taken away
from the circuit court Of the United State.
t by the repeal of the act of 18th February
1901.
Admitting that the adoption of the laws of Mary
land Tor portion Of this District conferred on III,
circuit court thereof in that portion, the transcend
eht extra judicial prerogatiye powers Of the court
Kings Bench IN England, or that either of the act
: Of Congress, by necessary implication, authoriz
the former court to issue writ Of mandamus To al
otscer OIL lhc Oulted States TO compel him to per
form ministerial duty, the consequences are, il
one respect, the same. The result in either cas-
is, that the officers Of the United States, station
7 ed in different parts of the United States, are, i
respect to the performance OF their official duties
: subject TO different supervision those in tn
: States 10 one rule, and those in the District q
Z Columbia TO another and very different one. /
! the DistIict their official conduct is subject to
judicial control, from which ia the States they az
5 exempt.
: Whatever difference Of opinion may exist as I
: the expediency Of vesting such power in Ii
2 Ii sustain Of rnnarnrnani rnratitrae