Lexington union. (Lexington, Miss.) 1838-18??, 1839-01-05

satisfied; and the whole s'ipJoC', 81 Ia, 90
they are concerned, is finally disposed oil. q
But it is on the supposition that the case q
NAV be regarded as an author''vc eSpos,, =
ton of the law as it now stands, that |
have thought il necessary to present 1T to c
YOUR consideration. The object OF the q
npnlica,ion 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 REALTORS of the Post Office
Department, which award the Postmaster
General declined to execute in full, until
he should receive further legislative dircc.
ton on the subject. If the duty imposed
on the Postmaster General, by that law,
was to be regarded as one of an oihcla'
nature, belonging to his office as branch
of the Executive, then it is obvious lna'
the constitutional competency OF the Ju'
dietary TO direct and control him IN It's
discharge. was necessarily drawn in ques-
ton. And if the duty so imposed on the
Postmaster General was TO be considered
MS merely ministerial and not executive, 1t
vet remained to be shown that the circuit
court of this District had authority to IN
terfere by mandamus-such power nav.
.inp never before been asserted or claimed
by that court. With view TO the settle
ment of these important questions, The
Judgment of the circuit court was carried,
by a writ of error, TO the Supreme Court
of the United Statcs. in the opinion o.
that tribunal. the dnty imposed on the
Postmaster General was not an ciiclal,
executive duty, but one of merely m'nIs-
teral nature The grave constitutional
questions which had been discussed were,
therefore, excluded from the decision OF
the case; the court, indeed, expressly adj
uniting that with powers and duties pro-
perly belonging 10 the Executive, no other
department can interlerd by the writ OF
w,andamus; and the question. therefore,
resolved into this: Has Congress conferred
upon the circuit court of this District the
power TO issue such a writ TO an officer oil
the general government commanding MN
to perform ministerial act? A majority OF
the court have decided that it has, but have
founded their decision upon process OF
reasoning which, in my judgement, rem
ders further legislative provision ndlspen-
sible to tho 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, possess
the power in question; but it Is now held
that this power, denied to both OF these
high tribunals,(to the former by the con-
stItution, to the latter by Congress) has
been, by its legislation, vested in the cir
cult court ofhis District. No such direct
grant of power to the circuit court of tins
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
mt the time of the session, should be in
force in that part of District coded by that
State; and, by this proviso, the common
law, in civil and criminal cases, as it pre-
vailed in Maryland in 1901, was cstab-
ished in tina, part of the District.
In England, the court of Kings Bench,
because the sovereign, who, according to
the theory Of the constitution, is the foun'
tain ofjustacc, originally sat there IN per,
son, and it is still deemed to be present.
in construction of law, alone possesses the
high power of issuing the writ of man
damus, not only TO inferior jurisdictions
and corporations, but also TO magistrates
and others, commanding them, in th,
Kings's name, to do what their duty re-
quires, in cases where there is no vested
right, and no other specific remedy. i
has been held, in the case referred to, that
as the Supreme Court of the United State:
is, by the Constitution, rendered incompc
tent to exercise this power, and as the cir
cult court of this District is court OF gen
eral jurisdiction in cases of common law
and the highest court of original jurisdlc
tion in the District, the right 10 issue tn
writ of Mandamus is incident to its com
mon law powers. Another ground relie
upon to maintain the power in question, is
that it was included, by fair obstruction, i
the power il granted to the circuit court
of the United States, by the act "to provid
for the more convenient organization of tn
courts of the United States," passed l3t
day FEBRUARY, 1901; that the establishin
the circuit court of this District, passed til
9th day of FEBRUARY, 1901 conferred upo
that court and the judges thereof the sam
powers as were by law vested in the crcu
courts Of the United States and the judge
of said courts; that the repeal of the fir
mentioned act, which took place in the ne,
wear, did not divest tho circuit court of tn
District of the authority in dispute, b,