The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1838-12-05

tloaal number Of officers and in visiting the different
ports Of the United States. accurate knowledge OF
which is obviously Of the highest importance.
The attention Of Congress is respectfully called TO
thar portion Of the report recommending increase In
the number Of smaller vessels and TO other suggestions
contained 10 that document The rapid increase aud
wide expansion OF our commerce, which Is every day
seeking avenues Of profitable adventure, the abso-
lutte necessity Of naval force for s protection precise
" in the degree Of its extension due regard 10 the
national rights and honor the recollection OF its former
EXPLOITS and the anticipation Of its future iriumphs
whenever opportunity presents itself, which we may
rghuly indulge from the experience Of the past. oil
10 point to l,e navy most efficient OF our
national defence, and proper object Of legislative en-
conrsgement,
The progress and condition of the Pos, Office De-
parment will be seen by reference TO the report OF
The Postmaster General. The extent Of post roads,
covered BY mail contracts, is stated le be 1858
miles, and the annual transportation upon them 3d.
5s0,2O2 The number OF posi- Offices in the United
States Is 1868 and rapidly increasing The gloss
revenue for the year ending on the 30h day of June
last, was 81, 262, i5 The accruing expenditures,
Si6SO,06S excess Of expenditures $4l7,923. This
has been made upout OF the surplus previously on
hand The cash on hand on the first instant was
S3i406a. The revenue for the year ending june
30, 1885 was Sl6l $40 than that for the year
ending June 80, 1887 The expenditures OF the de-
partment had been graduated upon the anticipation
OF largeyincreas revenue. A moderate curtai
ment OF mail service consequently became necessa-
ny, and has been effected 10 shield the department
against the danger of embarrassment. Its revenue
y now improving, and II will soon resume its on
ward course in the march Of improvement.
Your particular attention is requested TO so much Of
the Postmaster Generals report as relates to the trans
portation OF the mails upon rail roads The laws on
that subject do not adequate that service
now become almost essential to the public interests
and at the same time protect tho department from
bnations and unreasonable demands
Nor can too earnestly request your attention TO the
necessity OF providing more secure building for this
department. The danger of destruction to which its
important books and papers are continually exposed as
well from the highly combustibe character Of the build
ing occupied from that OF others the vicinity calls
loudly for prompt action.
Your attention is again earnestly invited to the sug-
gestons end recommendations submitted at the last
sion in respect to the .strc of Columbia
feel it my duty, ALSO bring to your notice certain
proceedings at law which have recently been prosecuted
in this District, the Of the United States, the
relation Of Messrs Stockton and Stokes Of the State Of
Maryland, against the Postmaster General. and which
have resulted in the payment Of money out Of the Ma
nonal Treasury, for the first time since the establish
ment Of the Government, by judicial compuson eser-
clsed by the common law wit Of mandamus issued by
the circuit court Of this District
The facts Of the case, and the grounds Of the pro.
ceedngs, will be found fully stated the report Of the
decision and any additional information which YOU may
desire VIII be supplied by the proper department. No
interference in the particular contemplated The
money has been paid and The whole subject so far as
they are concerned is finally disposed of but on the
supposition that the may be regarded auhor
tatve exposition Of the law it now stands, that
have thought necessary to present it to your corside-
ration. ...
The object of the application to the circuit court was
to compel the Postmaster General to carry into effect
an award made by the Solicitor Of the Treasury, under
special act OF Congress for the settlement Of certain
claims OF the relations on the Post Office Department
which award the Postmaster General declined to execute
IN full until he should receive further legislature direc-
ton on the subject If the duty imposed on the Post
master General by that law be regarded as one
Of an official nature belonging to his office as branch
oil the Executive, then is obvious that the consu-
tlona competency of the Judiciary direct and con-
tio him In It's dischrrge necessarily drawn ques-
ton. And II the duty so imposed on the Postmaster
General was to be considered merely ministerial,
and not executive it yet remained be shown that the
circuit court OF this District had authority interfere
by mandamus-such power having never before been
asserted or claimed by that count With view to the
settlement Of these important questions the Judgment Of
the circuit court carried by writ of error 10 the
Supreme Court OF the United States In tn. opinion
OF that tribunal the duty imposed the Postmaster
General not official executive duty but one of
merely ministerial nature The grave constitutional
questions which had been discussed were, therefore,
excluded from the decision Of the case the court, in
deed expressly admitting that with powers and duties
properly belonging the Executive, other depart
mept interfere by the writ Of mandamus; and the
question: therefore, resolved itself into this Has Con-
gcss conferred upon the circuit court OF this District
the power issue such writ to officer Of the Gene
raj Government, commanding him 10 perform mnlse-
rial act! majority of the have decided that it
has, but hrve founded their decision upon process Of
reasoning which, in my Judgment renders further legis
atye provision indispensable to the public interests and
the equal administration OF justice.
II has long since been decided by the Supreme Court,
that neither that tribunal nor the circuit courts of the
United States held within the respective States, pos
the power in question: but it is held that this
power, denied to both Of these high tribunals Ito the
former by the Constitution and to the latter by Con-
gress has BEEN by its legislation, vested in the circuit
of this District No such direct grant Of power
to the circuit, court Of this District claimed but has
been held to result, by necessary implication, from
vera sections Of the law establishing the court One OF
these sections declares, that the laws Of Maryland
they existed at the time Of the cesson, should be in
force that part OF the District ceded by that State;
and, by this provision, the law civil and cr
minal cases, it prevailed in Maryland in 1901 was
established in that part Of the District
In England, the Court of Kings Bench, -because
the Sovereign, who according to the theory Of the
sttution, is the fountain Of justice, originally sat there
person, and is still deemed be present. construc
ton of aw-aone 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 where there is vested
right, and other specific remedy. 1t has been held
in the referred to- that, the Supreme Court OF
the United States is by the Constitution, rendered in
competent to exercise this power, and the Circuit
Court Of this District of general jurisdiction
in common law and the highest Of original
jurisdiction the District the right issue the writ Of
mandamus is incident to its common law powers
Another ground relied upon to maintain the power in
question: that it was included, by fair construction
in the the power granted to the Circuit Courts of the
United States by the act ito provide for the more con-
venent organization of the Courts of the United States"
passed 18th February, 1901; that the act establishing
the Circuit Court of this District, passed the 9th day
of February 1901, conferred upon that court and the