TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 12 P17

Gale Encyclopedia of American Law Volume 12 P17 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | MILESTONES IN THE LAW MARBURY V. MADISON 147 liable to indictment. A prosecution of this kind might be the means of punishing the officer but a specific civil remedy to the injured party can only be obtained by a writ of mandamus. If a mandamus can be awarded by this court in any case it may issue to a secretary of state for the act of congress expressly gives the power to award it in cases warranted by the principles and usages of law to any person holding offices under the authority of the United States. Many cases may be supposed in which a secretary of state ought to be compelled to perform his duty specifically. By the 5th and 6th sections of the act of congress vol. 1 p. 43 copies under seal of the office of the department of state are made evidence in courts of law and fees are given for making them out. The intention of the law must have been that every person needing a copy should be entitled to it. Suppose the secretary refuses to give a copy ought he not to be compelled Suppose I am entitled to a patent for lands purchased of the United States it is made out and signed by the President who gives a warrant to the secretary to affix the great seal to the patent he refuses to do it shall I not have a mandamus to compel him Suppose the seal is affixed but the secretary refuses to record it shall he not be compelled Suppose it recorded and he refuses to deliver it shall I have no remedy In this respect there is no difference between a patent for lands and the commission of a judicial officer. The duty of the secretary is precisely the same. Judge Patterson inquired of Mr. Lee whether he understood it to be the duty of the secretary to deliver a commission unless ordered so to do by the President. Mr. Lee replied that after the President has signed a commission for an office not held at his will and it comes to the secretary to be sealed the President has done with it and nothing remains but that the secretary perform those ministerial acts which the law .

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