The daily union., 1854-07-22

ressse the administrative acts OF the President Of the
onitsd States The Supreme Court thereupon re-
fused a mahdnmns the process prayed for in this
easS as they did subsequently in the OF Nc
lnire rs Wood which application for that pro-
cate OF purchase v Craneh in the ease of De-
ea'pr - anlding, where party sought by the, same
msaas Y fqmpc the Secretary Of the Navy to pay pen
o 70 the peuioncr xiv Peters, 497 also ycClung
~ Siiiman Vi Wheaton, 9a9) But the Supreme Court
iocanwhe had claimed for the courts jurisdiction in the
@ s.s &; ksadaur where rsries applied to the
eourf 10 COMPEL the Postmaster General make what be
conceived TO be Illegal payment, and had granted the
order ON the ground that this ministerial act while
tbe other vases we're of executive {kenal rs Uni
iea Saitf A Peters 52l II is not easy fora head Of
department. TO extract from these any very satisfac
grs rus of conduct so IA 10 know which, of many acts
Mh ne may Toe called ON To PERFORM ministerial not
executive aud the court became apparently conscious of
TINS when The later case OF Decatur Pauldng be-
fore them There they refused to fake an appeal from the
secTa.ars Of tho Navy question alleged legal riph
" money pay ,nen,, after having Sustained appeal
fom The Postmaster General the precise question:
at q sed ee,l right amoncy PROCEED
"a 10 resale the limitations authority of the courts to
Rqt ~ nandnDs on the departments, coninng the claim
jurisdiction more precisely 10 in which act Of
congress lawfully passed. and within the proper powers
OF Congress commands specific net be DONE as for in
fpahfG Va lbs ease pi Stokes Kendall definite of
money " paid toa party .aned.i batilbth l
!. As pie law nos stands expoundea byi the Supreme
t9ef thtfcYIe IL u soneeded that head Of
slarpen ot the government in the administration Of
te fatoH and important concerns of his office is contn
hal required To exercise Judgment and discretion He
must do this ia colstang the Congress under which
If he doubtg
lns ~ &ht to call the Attorney General for counsel
Ia genera. his duties merely ministerial The Su
prpme Court wi not entertain appeal from his deeis
,on nor revise his Judgment, in where the law
aphorisni him discretion or Judgment Nor
can y by mandamus act directly upon tho officer, and
gude his Judgment discretion in the matter committed
10 ms care In ie ordinary discharge of his official duties
Any such Aerfurence wonld involve confusion of const-
ntoaa powers and produce nothing but mischief in the
hasness OF tbs government iat ajilu bul ssle'
Tbs organization of the executive departments Of admin
lsahon implies order correspondence and combination
oi parts, classification Of duesn word system other
wise there Is and loss power or conflict of power
either OF which Is contrary to the public service in the re-
gard OF SO much work be done by such and such per-
sous and az given cost Of either time money Besides
which, ~ political relation Of due cement of
public tanctonares and their functions is Of due
sl'onsibiiity TO society and 10 the law.
Accordingly, II has been the general purpose of Con-
gress ~ al lines both 10 the great subdivision Of de-
partnenls and the arrangement OF the duties alch
classify and 10 systematic. lu 80 H.dsiaili H4lli
rms Was an exeency of wise public policy when
me business oi the government little and the humber
of ITS oDDeIs comparatively small and il WAS then
accomplished approximately But now, when the territo
ras amts u The Union have spread from the Atlantic TO
the tactic ocean, when the interests Of the people Of
the Union are eo-exiensive with the habite globe when
the progress o wealth nirigenoe and mechanical inyci
ton has wonderfully enlarged and complicated the inter-
ess Of sociy, when extends every land
and opr ships are abroad when the American
Nnien mas become primary power in Ohrstendom and
when the number OF persons requisite to work this mighty
machine been pIoportiouay aug
in such o things that exgeney Of order which was
Political wisdom always, has be Inatei
cessity. ti5i. .si6 4.,iA sa.fapja3i .Gnieta aas
sscn period Of the history of the government it
seems fitting to consider where If AT ALL in the conduct Of
its business its mechanism be saved coll
bsion aud agents subjected complete and
responsibility And thce premises il is that the present
suggestions are made To tho conduct of the law business
/ OF the governments j..,I .; M fs a5A satNblfa
According the obvious theory of the constitution of
the Office of Attorney General he has the superior charge
OF that business And this theory is carried into practice
IN the main outlines of The duty of His office the follow
ing analysis will show a aaF7n hli g5iiid
he vft tP Pl,yo ind .oh admin
saton Of public affairs, he gives opinion officially both
to the President and to the heads of departments. 6
2 As ope of The confidential political couseors of the
Ie'den may be supposed that he advises more parc-
ulay in regard to the legal incidents OF the appointments
or other acts of the government 81 sfti
3 He conducts directly all the Supreme Court in
which the United States are concerned. yiae i, hgae
4 s advises directs the solicitor suits in which
the United States arc concerned pending in the inferior
B. lIe directs and prosecutes appeals the great ques
on of ald title, which involve the propretorshp Of all
/ g. He performs occasional duty from time, in the
Profession Of the interests OF the United States in matters of
adjudication under treaties with foreign powers. ss
q lie passes upon tho title OF all interest in lands
qured by the United States by purchase for any of the
local uses of government. .ta .ii tiuu r tia1l la
i a. 81 lie communicates 10 Congress such information
they require apprtaning to the duties and business of his
and by statute, either express implied the adminstra
tive head under the President the legal business of the
lar Inc administrative power, the
correspondent administrative responsibility esist and they
require modification in details only in order TO be
pe'ey adapted to The theory of departmental orpanisa
| ton 49,. J... bad. q. I ~ i. s,, su ls. i.E f-tb
Among these notifications AZ IL respectfully submitted
should by provision, either by law regulation for PEE
rpdica report by the Attorney General 10 the President
and through him 10 Congress- of the business ui his office
including The official opinions given by hin, and amy
pertinent suggestions regarding the interests of 'hc
| crnnent - Jia.... l .H. H.tHr EHH
Thep three important branches OF public hnsn,s
which the President Is ruiroa either by io constitution
laws TO discharge in person through lawful agents
as 90 which there IS no specific provision 10y congrs
namely ...I
l. Suits in which The United States arr ultimately con-
cerued but in which they not party ot record
which are not brought IN ihe Of the United States
Thus IL is that suits foregn alleged grant, assanet
tenant ia possession npder patent from the United rtis
who will be called 10 indemnity she iannht " he be
evice brought from time 70 time in the States bai
provision exists for protecting the sseau interests oi
the United States in such by notice ,he govern
ment; there may be colluson in The snsi IN fo l
the Supreme Court may beoame kuown 20 ,se Attorney
General by accident only, II AZ AL.
Or suit may be brought by individual against
officer Of the United States Tor oesi y~riosAaed
by him. and judgment rendered against ba Goa hoatg
damages, perhaps without due defence bat ia whh l-
gress viii be required 10 make indemnity
Or suit Is brought ip person, ~ ssaias
against officer OF the United sial.s In alleged pcsse
sion of citadel ss Us commander Of cas1cueuss a.
collector Of the revenue ior the purpose a has 0nins
judgment Of eleciment which In fact esiet The tntiea
States. ~. IL ~.
Or conflicts OF jurisdiction may srse 10 ths STATES
volyng The whole question of the ekuon ~ ihr laws 81
the United States The domestic forsn pase 81 o
Union without The United State beng 10 Say srnec
which