Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1838-12-14

time ofthe session should be in force in
that part OF the District ceded by that State,
and by this provision, the common law in
civil and criminal cases, as 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 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 power Of issuing
the writ of mandsmus, not only to inferior
Jurisdictions and corporations, but also to
magistrates and others, commanding them in
the Kings name TO do what their duty re-
quires in cases where there is vested right,
and no other specific remedy
Ii has been held, in The case referred 10, as
the Supreme Court of the United States is.
by the constitution rendered incompetent 10
exercise this power. and as the Circuit court
OF ibis District is court OF general jursdic-
lion IN cases at common law. and the high
est court Of original jurisdiction in The Dis.
lricl the right to issue the writ OF mandamus
is incidenlto its common law powers
Another ground relied upon to maintain
the power in question, is, thai il was nclud-
ed, by fair construction, in the power il
granted to the circuit courts OF the United
States, by the act ITO provide for the more
convenient organization Of the courts Of the
United Slates,' passed 18th Of February,
1901 that the act establishing the ciicnit
court ofihls District, passed the 9Th day of
February, 1901, conferred upon the court
and the judges thereof the same powers as
were by law vested in The circuit courts Of
the United States aud in the judges Of the
said courts; that The repeal OF the FIRST men.
toned act which took place in the next year,
did not divesi the circuit court of this Dis
trict ofhe authority in dispute. but left il still
clothed with The powers over the subject
which, ii is conceded. were taken away from
the circuit courts ofthc United States by the
repeal of the act ofihe 18th February. 1901.
Admitting that the adoption Of the laws
of Maryland for a portion Of this District
conlers on the circuit courts thereof in that
portion. the transoendent extra Judicial pre-
rogaiive powers of the Court OF Kings
Bench, in England, or that either Of the acts
oil Congress, by necessary implication, an-
lhorize the former court 10 issue writ Of
mandamns 10 an officer Of the United States,
10 compel him to perform a ministerial duty,
the consequences are, IN one respect the
same. The result in either case is. that the
officers OF The United States, stationed in df-
ferent parts ofthe United States. are. in les.
pect TO the performance OF their official du-
lies. subject 10 different laws and different
supervision those in the States 10 one rule,
and those in the District OF Columbia TO an
other and very different one In the Dis
trict their official conduct is subject to a iu-
dicial control, from which in the States they
are exempt
Whatever difference OF opinion may ex.
lst as to the expedieney Of vesting such
power in the Judiciary. in system Of Gov
eminent constituted like that OF the United
States, all must agree that these disparaping
discrepancies in the law and in the admins
Iraiion ofjnstice ought not 10 be permitted TO
continue; and as Congress alone can pro-
vide the remedy, the subject is unavoidobly
presented to Your consideration.
NJ VAN BUREN,.
Washington, Dec. 3. 1888