Presidents -- United States -- Messages; United States -- Politics and government -- Sources
The object of the application to the circuit court was to compel the
Postmaster-General to carry into effect an award made by the Solicitor of
the Treasury, under a special act of Congress for the settlement of certain
claims of the relators on the Post-Office Department, which award the
Postmaster-General declined to execute in full until he should receive
further legislative direction on the subject. If the duty imposed on the
Postmaster-General by that law was to be regarded as one of an official
nature, belonging to his office as a branch of the executive, then it is
obvious that the constitutional competency of the judiciary to direct and
control him in its discharge was necessarily drawn in question; and if the
duty so imposed on the Postmaster-General was to be considered as merely
ministerial, and not executive, it yet remained to be shown that the
circuit court of this District had authority to interfere by mandamus, such
a power having never before been asserted or claimed by that court. With a
view to the settlement of these important questions, the judgment of the
circuit court was carried by a 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 an official executive duty, but one of a merely
ministerial nature. The grave constitutional questions which had been
discussed were therefore excluded from the decision of the case, the court,
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 therefore resolved itself into this: Has
Congress conferred upon the circuit court of this District the power to
issue such a writ to an officer of the General Government commanding him to
perform a ministerial act? A majority of the court have decided that it
has, but have rounded their decision upon a process of reasoning which in
my judgment renders further legislative provision indispensable to the
public interests and the equal administration of justice.
Public-domain text, read in full here on John Shaqi.
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