Lincoln telegraph. [volume] (Bath, Me.) 1836-1846, 1838-12-13

MARYLAND. as they existed at the time of
the cesson. should be in force in that part
ofthe District ceded by that State; and, by
this provision, the common law, in civil and
criminal cases, as it prevailed. in Mary land
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 constitution, is the ioun-
tain oflustice, originally sal there in person,
and is still deemed to be. present, in con-
struction Of law, alone possesses the pow
er of issuing the writ ofmandamus not only
to inferior Jurisdictions and corporations,
but also to magistrates and others, Com
mandlng them in the Kings name. To do
what their duty requires in cases where
there is vested right, and no other specific
remedy.
1t has been held, in the Ease referred 10,
as the Supreme Court Of the United States
u.s. by the constitution, rendered incompe-
tent 10 exercise this power, and as the
circuit court of this District is a court of
general jurisdiction in cases at common
law, and the highest court of original juris-
diclion in the District, the right TO issue the
writ of mandamus is inc ident 10 its common
law powers
Another ground relied upon to maintain the
power IN question, is that it was included, by lair
construction, in tie power granted 10 tho circuit
courts of the U. s., by the aclsto provide for the
more convenient organZationpf the courts OF the u
S passed 18Th February, $50; that the act estab-
fishing the circuit Of tlli district, passed The
9th day February 1901 coterrcd upon that court
and the Judges thereofle sam, powera as We're by
law vested in the circn courts 4 the U $. and in Tho
Judges thereof that the repeal the first niioned
act which took place in the nex wear did not discst
the circuit court OF his district ohhc authority an dis
pulr hut left il still c!obed wiiithe powers oyer the
suhje t,wh,ch,t is conceded wee taken away from
the circuit courts of the Us. y the repeal of the
act of 18Th of February. lo0i
Admitting that the adoption of the laws
of Maryland for portion of this District
confers on the circuit courthereof, in that
portion, the transcendent atra judicial pre-
negative powers of the Court of Kings
Bench, in England, or thahiher ofthe acts
of Congress, by necessaryimplication, au-
thoriZe the former court tuissue a writ of
mandamuss to an officer IF the United
States, to compel him 10 pa form a minis
terial duty, the consequences are, in one
respect the same. The result in either case
is that the officers of the United States,
stat ioned in different parts of the United
States are, in respect to tie performance
Of their official duties, subject to different
laws and different supervision ;those in the
States to one rule, add thosdin the District
of Columbia to another ant very differ
ent one. In the District Their official con-
duct is subject to a judicial control, from
which in the States thay are exempt.
Whatever difference of opinion may exist
as 10 the expediency of lvesting such
power in the Judiciary, in system of Gov
eminent constituted like tint of the United
States, all must agree that these disparagng
discrepancies in the law and in the admins
tration Of justice ought not % be permitted TO
continue; and as Congress done can provide
the remedy, the subject is lnavoldably pre-
scented to your consideration.
M. VAN BUREN,.
/ Washington, December 9 1888.