Samuel Freeman Miller

“ We have no power,' he says, 'to examine the proceedings on a writ of error, and it would be strange if, under color of a writ to liberate an individual from unlawful imprisonment, we could substantially reverse a judgment, which the law has placed beyond our reach. An imprisonment under a judgment cannot be unlawful unless that judgment be an absolute nullity; and it cannot be a nullity if the court has general jurisdiction of the subject, although it be erroneous.' 'The law trusts that court with the whole subject, and has not confided to this court any power of revising its decisions. ”

“ Mercein, [13] this court, by Chief Justice Taney, declared emphatically that, 'by the Constitution of the United States the Supreme Court possesses no appellate power in any case unless conferred upon it by act of Congress; nor can it be exercised in any other mode of proceeding than that which the law prescribes.' This case and the case of United States v. Moore were decided in direct reference to the jurisdiction of this court over those of the District of Columbia ”

“ Such a claim would be fatal to the relief he asks, because it would show that it is a proper case for a writ of error, and therefore a mandamus will not lie.
We have repeatedly held that the writ of mandamus cannot be made to perform the functions of a writ of error.
In the recent case of the Commissioner v. Whiteley, [14] the following language was used without dissent: 'The principles of the law relating to the remedy by mandamus are well settled. It lies when there is a refusal to perform a ministerial act involving no exercise of judgment or discretion. ..... ”