John McLean

“ Under the thirteenth section of the judiciary act of 1789, the Supreme Court has 'power to issue writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed or persons holding office under the United States.' The power of the Circuit Courts to issue the writ of mandamus is confined exclusively to those cases in which it may be necessary to the exercise of their jurisdiction. ”

“ During all this time, the defendant, as mayor de facto, received his salary, and the judgment could not deprive him of it. For the unexpired term, who will say, that if he be not ousted, he will live and earn the salary for any single month or day of it? And unless he live, and earn it, it matters not to him whether the judgment be reversed or not.
There is no value in dispute; for the services to be rendered by the defendant are to be taken as a full equivalent for the salary to be paid. ”

“ A mandamus is a remedy where there is no other appropriate relief, and it is only resorted to on extraordinary occasions.
The writ of error is a common law writ, and is almost as old as the common law itself. ”