True American. [volume] (New Orleans [La.]) 1835-18??, 1838-12-12
80, 1887. Tho expenditures Of the department

mad been graduated upon the anticipation OF n
largely increased revenue A moderate curtal-
ment of mail service consequently became
ccssary, and has been effected, to shield the De.
partment agsnst the danger of embarrassment.
Its revenue is now improving, and it will soon
resume its Onward march OF Improvement.
Your particular attention is requested to SO
much of the Postmaster Generals report as re,
lates TO the transportation of tho mails upoa
railroads. The laws on that sub Get do not seem
adequate to that service, now become
almost essential to the public inter SITS, and at the
same time protect the department from combna'
tions and unreasonable demands.
Nor can TOO earnestly request your attention
to the necessity of providing more secure build.
ing fnr this department. The danger Of destruc-
ton to which its importan. books and papers are
continually exposed, as well from the highly com,
bustible character Of the building occupied, as
from that Of others 10 the vicinity, calls loudly for
prompt action.
Your attention is a gain earnestly invited 10 the
suggestions and recomm endat1ons submitted at
the last session IN respect 10 the District OF Co.
umbia
feel il nv duty also to bring TO your notice cer
tain proceedings at law, which have recently been
prosecuted in this District, in the name of the
Unied Sates, on the relations of NJ essrs Stock ton
Stokes, Of the State of Mlrynnnd, against the
Postmaster General, which have resulted in the
payment Of money out of the nations, Treasury,
tor the first time since thu establishment OF the
Government. by Judicial compusion exercised by
the common law writ OF mandumus issued by the
circuit court of this District.
The facts of the case, and the ground.
Of the proceedings, will be found fully stated in
the report of the decision; and any additional in.
formation which you may dosire will be supplied
by the proper department. No particular case is
contemplated The money has been paid the
claims the prosecutors have been satisfied; and
the whole subject, so far as they are concerned, is
HoI InF. Er,. - - ,ho
that the may be regarded authoritative
position of the law stands, that have thought
it necessary to present tito your consideration.
Ihe OBJECT Of the application to the circuit court was
award made by the solicitor of the Treasury, udcr
special act ofcongr fol the settlement of certain
of the r.lators of the Post Office Department. which
award the Post Master General declined execute in
full, until he should receive further legislative dec
ton on the subject lfhe dutyinposed the Posms-
tel General, by that law, was to be regarded of
an otfic al nature belonging to his Office as Il branch
of the Executive then it is obvious that the consiil-
tona competency of the Judiciary 10 direct and con
troll him in its discharge, necessarily drawn in
question. And If the duty imposed on the Post
muster General to be silercd as merely minis
teriH and not executive, it yet remained be shown
that the circuit court Of this district had authority to
Interfere by mandamus-such power having never be
fore before been asserted claimed by that court.
With view TO the settlement Of these i'm por-
tant questions, the judgment of the circui, couu
was carried by writ of error, to the Supreme
Court OF the United States In the opinion of
that tribunal, the duty imposed on the Postmaster
General was not official. executive duty, but
one OF merely ministerial nature. The grave
constitutional questions which Ind been discussed
were, therefore, excluded from the decision of the
case; the c"uFt, indeed, expressly admitting that,
with powers and duties properly belonging to the
Executive, no other department can interfere by
the writ OF mandamus; and the question, there
tore, resolved itself into this: Has Congress con-
TERED upon the circuit court of this district the
power TO issue such wit to an officer OF the 9, H.
eral government commanding him 10 perform
ministerial act! A majority of the court have
decided that it has, but have founded their dec.
sion upon process Of reasoning which, in my
Judgment, renders further legislative 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 re-
spec'ive States, possess the power IN question;
but It is now held that this powt denied to both
OF Hose high tribunals, 60 the former by the con-
sti.uon, and TO the latter by Congress,) has been,
bv It's legislation, vested in the circuit court OF
this district. No such direct grant of 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 esctions derl,res, that the
laws Of Maryland, they existed at the time of
the cesson, should be in force in that part of the
b'e''lCt Ccueu ny tHui STATE ana, DV this DrOVl
sion, the common law, in civil and criminsI cas"s
asst prevailed in Maryland in 1901, was establish
ed in tina, part Of the District.
In England, the court Of Kings Bunch,-b,.
cause the sovereign, whn, according to the theory
OF The constitution. is the fountain Of jusice orr
g'nally sat there in person, aud is stll deemed to
ne presehf,-ln cons rur'inn of law, alone pos
sesscs the high power Of lssninp The writ If m mr.
hatnns, NOT only TO Inferior Jurisdictions and cor
P"rn'l"ts, hut also to and hers com.
mand'ng them, in the kings name, TO do what
thrlr duty requires, IN where there is ves,
cd night, and no other specific remedy. Ii has
o'nn h"'d in the case referred to- That as the SI,
nreme Court of the Uui'ed States is, bv the Cou.
sN'u'l"n, rendered ipcomnrtent 10 exercise this
power, md MS the circuit court Of This dis rct s
court of general jurisdiction ia cases of common
Jaw, ant the highest court of original inrisdcr on
IN III" District, the right to issue writ of manda
mus IS incident 10 its common law powers
Another ground relied upon 10 main,nin tho
power IN question: Is, that II included by fai,
construction, in the power it granted to the crcui,
courts OF the United States, by the act "to provide
lot me more convenient organization of the courts
ct the United States" passed this 10 h day feb
fuary, l8hi, that the act establishing the circuit
court of this District, passed the eth day of
tehrnary, 1901, conferred upon that court and the
Judges thereof the same powers as were by law
vested IN the circuit counts o The United States DDd
IN the judges Of the said courts thar the repe, of
80 ''' ''""ou "|'3 Which LOON place IN the
next year, did not divest the circuit court oil this
District OF the authority in dispute, bu. left il
sui clothed with the powers over the subject
winch, IL is conceded, were tax en- away from the
circuit courts OF the United States by the repal of
the act of 18th February.
Admitting tina, the caption Of The WIS of MARY
land for portion of this district confers on The
circuit court hero, in that portion, the traps,en
dant ex'ra-ludIcial prerogatye powers of the Court
OF Kings Bench, in England, or thu, of the ac,s Of
Congress by necessary implication authorize the
former court TO issue writ of mandnmus toan of |
ncer OF the United States, to compel him to perform
a ministerial duty, the consequences are, in one
respect, the same. The result in either cose il
that the officers of the United States. stotioned
IN different paris of the United States. nre. in rec
pect to the performance of their official duties
SUBJECT to d tfrrenl laws and different sunerv,sion
tiose IN me states t" rule, and those IN tho d.
thc' OF Columbia to another and a very different
one. In the District their oificin conduct is suL
lect to Judicial control, from which in the STATES
they are exempt
Whatever difference of opinion may exist as TO
'ne eXpedIency OF vestng such Il pow r in the midi
cary, IN system OF Government constitute ed like
That at the United States, all must aaree tina,
'hese h'sparaging discrepancies in the law and in
me administration OF justice ought not to be per-
ml'tta 10 continue; and Congress alone can
provide the remedy, the subject s unavoda /,
presented to your consideration
NJ. VAN BUREN,.