“ It must show its jurisdiction by something more than assuming it. If it can show no other warrant for it, its sentence is a nullity.
Yet it must be admitted, there is a presumption in favour of the judiciary in such a contest. And it is a just one, arising from a proper respect for judicial proceedings; and a persuasion that as the usurpation of power is the most unbecoming, so it is least of all to be expected there.
Yet nothing human is infallible, and it may be found there. A court may mistake in deciding upon the extent of its own powers, as on any other question. ”

“ The court below say, 'every public officer, who neglects or refuses to perform a mere ministerial duty, whereby an individual is injured, is legally responsible to that individual, in some form or other; and a mandamus is one of the mildest forms of action that can be used:' making the liability to action, which should of itself prohibit the power of mandamus, the test of its correctness. ”

“ If there be any exception embracing this party, excluding him from the jurisdiction of the court, let it be shown. If he is entitled to any exemption, let him exhibit his right.
In examining the constitution for any such exemption, we are naturally led to that part of this instrument which defines and prescribes the extent of the judicial power, and to that which creates the executive department. In neither can it be discovered. On the contrary, the constitution, at least by powerful implication, recognises the executive officers as subject personally to the judicial power. ”

“ If congress had, and if they yet have, the power to modify, or repeal at pleasure, the act under which the relators claim; then it is not a case for the courts of justice at all, or at least not a case for a mandamus. All the authorities show, and the learned counsel themselves admit, that to entitle a party to this writ he must show that he has an absolute legal right to some specific thing. But where the interest of a party is liable to be thus affected by the action of the legislature, it is an abuse of terms to call it a fixed or vested right. ”

“ Is it not more wise and dignified for a court to decline giving a command, which they see no law has given them the necessary power to enforce; and wait till they are invested with all the power necessary to attain the end in view? ”

“ The executive is fitted to execute it, and armed with means to execute it. It can always execute it, (as executive power always ought to be executed,) promptly, uniformly, and in the time and manner that the public interests may require; and as its means may enable it. The contrary of all this is the case with the courts. They are unfitted to wield this power, because they have not the information of the state of the executive department; its duties; the means within its control; and the various circumstances which may obstruct and delay executive action. ”

“ This doctrine, that an American citizen whose rights have been violated by a public functionary; whose property is withheld in opposition to the clear requisitions of a positive statute, has no remedy but by petition to the executive; is a monstrous heresy, slavish in the extreme. It has no ground of support in the language of the constitution, or the spirit of our institutions. The annunciation of such a doctrine in England, was made, more than a century since, the basis of one of the articles of impeachment exhibited against lord Somers: 14th article of impeachment, 14 Howell's State Trials. ”

“ It is a writ, in England, issuing out of the king's bench, in the name of the king, and is called a prerogative writ, but considered a writ of right; and is directed to some person, corporation or inferior court, requiring them to do some particular thing, therein specified, which appertains to their office or duty, and which is supposed to be consonant to right and justice, and where there is no other adequate specific remedy. Such a writ, and for such a purpose, would seem to be peculiarly appropriate to the present case. The right claimed is just and established by positive law ”

“ The subordinate officer is not obliged to do any act which he believes to be unlawful; if the President insists on it, he may resign, or refuse, and take the chance of a removal.
Nor do we claim for the President any power to forbid or dispense with the execution of an act of congress, even though it relate to matters purely executive; nor have we ever affirmed that a citizen, interested in the execution of such an act, is obliged to submit his claims to the arbitrary determination of that functionary. ”

“ According to the theory of the English constitution, the king is the fountain of justice, and where the laws did not afford a remedy and enable the individual to obtain his right, by the regular forms of judicial proceedings, the prerogative powers of the sovereign were brought in aid of the ordinary judicial powers of the court, and the mandamus was issued in his name to enforce the execution of the law. ”

“ The province of the Court is, solely, to decide on the rights of individuals; not to inquire how the executive or executive officers perform duties in which they have a discretion.'
It seemed to him impossible to avoid seeing the likeness between the acts described by the Court, as those in which it would not interfere, and the act now sought to be enforced in this case; and the unlikeness between the acts described by the Court as proper for the exercise of the power, and the act now in question, and sought to be enforced against the postmaster general. ”

“ The circuit court denied all this right of control in the President. If he sees the inferior executive officers acting honestly, he can look no further. How, or when they execute a law, are things he has no concern with. It is impossible to sustain this position. The post office, as established by congress, is an executive department of the government. The law of congress is conclusive as to this; for it gives him powers which could not be given according to the constitution, if he was not the head of an executive department. ”

“ And could the court, in that case, have interfered? And is not the provision in the constitution as effectual as it would have been in the act?
The power in question cannot be given to the courts, because, from the nature of the power, being the execution of a law which concerns the nation, it is political power; 5 Peters, 20 and 30; and belongs to the executive department; has always been exercised by it, and never by the courts; is fit for the executive, and unfit for the courts; and being, therefore, executive power, belongs to that department. ”

“ If the interest be subject to any contingency by which the right to its enjoyment can be cut off, it is not regarded, in law, as a vested legal right. Now the rights conferred by the act of July 2d, 1836, were subject to such a contingency. They were subject to the power of congress, at any time, before the actual entering of the credit, to amend, alter, or repeal the law. After the credit should be entered, congress could not deprive the parties of it; because there is no power, which after a fact has happened, can cause such fact not to have happened. ”

“ And if the control is with the court, ought they not to be responsible for the execution of the laws? And are they? And shall that power, which is charged with the duty of executing the laws of congress, be irresponsible?
Again: It has been shown that the constitution casts this duty on the President; makes him responsible, and arms him with powers to fulfil it. ”

“ We hold that to prescribe limits to power is idle, if the holder is to be the sole and unquestioned judge of what the limits are; if his possession of the power is conclusively proved by its assertion, he has unlimited power: and if any of the depositories of power under our constitution are placed on such an eminence, it is strange that the framers of that instrument should have thought it necessary to make it so complicated. ”

“ If, for instance, the act of congress for the relief of the relators, had directed the postmaster general to pay them the full amount awarded in gold or in silver, at his discretion; a mandamus would lie to compel him to determine in which metal he would pay: and having decided that to enforce the actual payment. Such is the doctrine of all the cases. ”

“ When a court has the power to order a mandamus, it goes, by its supervising authority to an inferior; and goes, and ought to go, as well to enforce the discharge of discretionary duties as ministerial duties: with this only difference, that the command goes, in the one case, to do the prescribed ministerial act; and in the other, to proceed and exercise the discretion, and do the act in the way that discretion may direct it. So that a mandamus is as applicable to discretionary, as to ministerial acts ”

“ The attorney general presses this argument still further, and, from the absolute inability of the courts to execute their judgment in the case of a peremptory mandamus, 'without the consent of the executive department,' considers the inference as clear, that no court has the capacity 'to issue such a writ.' How obvious is the inference, if this be correct, that the courts can issue no process, and exercise no jurisdiction of any description. If this process, to use the expression of the postmaster general, may be 'struck dead' in the hands of the marshal, by dismissing him from office ”

“ Now, if the judiciary has this supervising power over executive acts, and can direct the officers how they are to discharge them on the application of any person interested; it is strange, that when the executive calls upon the Court for its direction, it should be incompetent to give it. Can any reason be given, why an individual claiming the benefit of executive action from an officer should receive the aid of the Court ”

“ Then the executive, when it has the necessary means, and it is desirable to do so, can act promptly. But the courts are trying 'a case in law or equity,' and that is a business which is never done very promptly. Judicial robes are not the garments for quick action. Where the judgment or decree comes, it seems to be conceded there is an appeal to this Court, at the application of either the claimant or the officer. ”

“ Not so, in either respect, as to the court. If they assume the duty, it is by inference, from their power to try cases in law and equity. No responsibility is pretended; for, no matter how wrong they may decide, there is no responsibility for mistakes of judgment. And they are armed with no powers to carry out what they may command; it is brutum fulmen.
Suppose a peremptory mandamus to be the result in this case. It goes against Amos Kendall, postmaster general of the United States. He refuses obedience. They send an attachment for contempt. ”