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Giles, according to this record, "treated with the utmost contempt the idea of an INDEPENDENT JUDICIARY said there was not a word about their independence in the Constitution.... The power of impeachment was given without limitation to the House of Representatives; the power of trying impeachment was given equally without limitation to the Senate; and if the Judges of the Supreme Court should dare, as they had done, to declare an act of Congress unconstitutional, or to send a mandamus to the Secretary of State, as they had done, it was the unreserved right of the House of Representatives to impeach them, and that of the Senate to remove them, for giving such opinions, however, honest or sincere they may have been in entertaining them."
The injury was too grave: Gill's life, as the doctor's certificate will prove, was in danger. It was for a judge in Chambers to decide whether bail could be taken. They will move, therefore, in the Queen's Bench, for a mandamus
My brother Downright, who was impatiently expecting my appearance, instantly arose and moved the bench to issue a mandamus for a stay of execution in the case of "Regina versus Noah Poke, or No. 1, sea-water-color.
When, therefore, in 1334, he delivered in his accounts, the Barons refused to admit them, because the money was defective. But he had interest enough with the crown to cause a mandamus to be issued, commanding the Barons to admit them. This man advanced to Sir Baldwin Freville, Lord of Tamworth, forty eight marks, upon mortgage of five mills.
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.
Judge Cato issued his writ of mandamus to compel the Governor to give certificates to the pro-slavery candidates, but without success. The language of Governor Walker and Secretary Stanton in a proclamation announcing their action deserves remembrance and imitation.
The Bishop of Tarbes, informed and influenced, thereupon published the mandamus which placed the church under interdict, forbidding all worship there and all pilgrimages and processions to the tomb of the former priest of Lourdes. As in the case of Bernadette, his memory was proscribed, his portrait could be found, officially, nowhere.
"A detail of two companies of the Twelfth Cavalry, under the command of Captain Singer, is ordered to Ash Forks, and will start within an hour, arriving at five o'clock. C. D. OLMSTEAD, Adjutant." "That won't do, Gordon," cried Mr. Cullen. "The mandamus will be here before that." "Oh, don't say there is something more wrong!" sighed Madge.
Later, when young MacDonald threatened to bring legal action to compel the council to do its duty, Cowperwood and his associates were not so cheerful. A mandamus proceeding, however futile, would give the newspapers great opportunity for chatter; moreover, a city election was drawing near. However, McKenty and Cowperwood were by no means helpless.
Admitting that the adoption of the laws of Maryland for a portion of this District confers on the circuit court thereof, in that portion, the transcendent extrajudicial prerogative powers of the court of king's bench in England, or that either of the acts of Congress by necessary implication authorizes the former court to issue a writ of mandamus to an officer of the United States to compel him to perform a ministerial duty, the consequences are in one respect the same.
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