Bloomington herald. [volume] (Bloomington, I. T. [Iowa]) 1840-1849, 1841-05-07
From kendali's Expositor.
WRONGS-RENEDIES.

ONGS-RENEDIES.
In the Mandamus case, it was settled By
the Supreme Coart. that where the law re.
quires even the head OF q department to do a
mere ministerial act, the circuit court of the
District Of Columbia may, in case OF his refn.
sal. compel him to do it.
The Secretary Of the Senate is wholly
ministerial officer. When the contract for
printing was executed with Messrs Blair aud
Rives, it became his duty to deliver all the
printing ordered by the Senate to the contrac-
tors From the performance of that duty. he
cannot be relieved so long as the contract re.
mains in force.
That the contract was lawful and binding
one, we take for granted. AS such, it was, in
effect, a part of the law Of the land, and could
not be vacated without the consent of the con.
tractors or the intefposition Of some power
which can destroy the obligation of contracts.
SO far from conserving to the annulment Of
their contract, the contractors have protested
against it.
Have the Senate Of the United States power
to destroy the obligation of contract 10 deprive
contractors of their vested rights to alter
or abrogate by their separate resolution, part
Of the law of the land The idea is too alb.
surd to be entertained for moment. Such
high handed exercise Of power requires. 10
make it valid, at least the concurrence of the
other branch Of the Legislature.
The resolutions of the Senate, therefore, dis
missing the printers and directing their bonds
TO be returned to them. are utterly void. The
contract remains in full! force and it is the duty
of the Secretary Of the Senate, as mere miH-
isterial officer, to deliver TO Messrs. Blair and
Rves all papers ordered to be printed by the
Senate during the time covered by their con-
tract. We trust they will make demand for
every paper ordered, and if refused, apply
to the circuit court of this distrc. for Man.
damus TO compel the delivery.
But the contractors have another remedy -
The Circuit Court Of this District has decided
that when the rights of an Individual have
been withheld or postponed By public Off
Ger, and the jury believe it was done with IN I
intention to do injury to that individual, tie E
public officer is liable in damages TO the party
aggreved. The old proverb says, "wilals /
sauce for the goose is sauce for the gander."
A senator is certainly no more entitled to an
exemption from this rule than the Head Of
Department. We recommend, therefore, that
Messrs. Blair and Rives commence a private
suit against each of the twenty-slx Senators
who voted to annu their contract, laying their {
damages at 100000 in each case. The
" malice" in some of these eases would not
be left to inference. 1t can be proved that one
Senator denounced one of the contractors as
"nfamous," and another said he was " pecul-
iarly disagreeable." As verdict of sl2. 900
has been obtained in a case where there was
not the least evidence of malice beyond the re-
iuSal OF the party to pay sum OF money which
he conscentlously believed not 10 be due ei- I
their IN Jaw or equity, it cannot be doubted 4
that Messrs Blair and Rives would recover
by verdlcts equally impartial, at least l2,00O
from each Of the twenty-six Senators! This 3
would be full remuneration for all damages
sustained, and a caution to all Senators how
they play the tyrant hereafter!
Mr.. Kendall denied the right and withheld s.
the money in the Stockton and Stokes case,
until the Judiciary confirmed the right, when
he paid it, treating the claimants all the while
with courtesy and kindness. Yet he is pua.
ished With verdict of $4,000.
The majority of the Senate admit the RICH!
of Blair and Rives. and arbitrarily proceed to
take it away, treating them at>the same time
with conumely and reproaeh; and shall they
escape in this land which boasts of EQUAL
RIGHTS!
AN AlkUClOUS ACT.-1L is StdtCU Ill uIV @
Bay State Democrat, that young man
named Mortimer Tappan, son of the Rev.
Mr.. Tappan, of Cambrdgeport, during
walk with Miss Nancy FELTON,, young
lady to whom he has been paying his adj
dresses, observed to her that he had some d
excellent figs, which had been sent to him 81
by an uncle, or some friend at distance,
and offered her one, which she accepted. ID
She eat about half the fig, the other hall s.
she preserved. During the walk she began
to feel i'll, and on her return home was la
ken violently sick. A physician was Sent \
tof7who, from the symptoms manifested
declared that she had been poisoned. The
half Of the fig was produced, and on exam
ination it was found 20 contain large %
quantity of Spanish flies. Tappan was
Immediately arrested, and after an exam
ination before a justice, was bound over
in the sum of $500 for his appearance al
the next Court of Common Pleas for Md
dlesex county.
Ia