The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-06

The writ OF mandsmus win lie where the inquiry has peen
caused By The omission commission Of purely minste
rial act and the before IN N purely ninfstc
rial art, as Is an act which by the Law OF the land the
Collector bound 10 perform there bad been no In
Judgement Of the Law by the appcant-I say, manda
~ justly lie 70 compel the Collector 10 show oause
ss spsn oST qss 20 S. thai he
ebs mshe their prscce, writ and order Of proceedings
agree with that pursued in the ssaie courts
Of he fac, ,ha, The sA.o courts do issae
both the wrs of habeas corpus and amus certain
Congress IN my f.vcr 20 say shs, the Circuit courts no,
oay should but ought " grant the writ OF maniamus
wh"n applied for 10 proper case The Of Martin vs.
Hunters. LIST Wheaton, was here cited. II had
been overrued and should be regarded and followed by
Circuit Judge. The declaration Of Judge Marshall in
the ~ Msrbury also cited support this opinion
In conclusion Mr. walker thought the course
pursued by the United States solicitor was 20 the
~ss very unusual, The motion was only y bring the
grant clearance. This simple act of justice j. resisted
The private right ~ citizens have been violated abused
and uampled upon, and even the preliminary steps 10 oh
tain lawful opposed sacb ,yrannica proceed
hss certainly indicate that rapidly hurryng along
Mr. walker was followed by Robert Smith, Es,., asso-
cate counsel for the oompiansnp, who said that he
should deny that the cited by the p-trict Az
tnsQey were averse 10. he granting Of the motion.
fbe want Of prevents giving report Of this
rentlenans argument He went good portion OF the
ground previously taken by Mr. Walker and cited several
cases sustaining bis positions. His argument principally
that the Circuit Courts derive their authsr
" from the constitution and not from the acts Of Congress
power shall be vested in the supreme Court, aud such
her inferior courts Congress may from time 70 time
prdsn and establish that the contribution vested them
with all necessary jurisdiction and authority and among
ober gave them the power 70 issue wri Of manda
After few remarks IN reply, made by the Dis.
ti Attorney the Judge gave his decision, which was ~
substance as folowss--Thst would have been more
satisfactory 10 the public the Collector, instead @
resisting the rule n,a had consented 70 make
return, and show why he refused TO
grant clearance but the District Attorney
has thought otherwise, and has accordingly pressed the
want OF jurisdiction in the court 70 grant such motion
that his view OF the source N the authority
al the Circuit Courts conceded with that presented
by Mr.. smith that the consfitution by It's Inherent
force invested the Crcun Courts with al judicial power
not particularly restricted 10 the supreme Court that
tho question now uuler consideration presented 10
him Tor the ars, time hs original question: he would be
darosed 10 think that the Court had jurisdiction lilo re-
g,ed that the case had come up before n present
shape he would have preferred the rule have ssued
AMI the Collector 10 have set forth, by his answer the
reasons his action but the authorities cited by
the District Attorney in which the supreme Court I'd d.
recy paased upon the question left hsi option aud
he was compelled whatever his private opinions might be
10 decide conformity with the dec sions o the Supreme
Court He considered It an extremely dangerous thing