2.
It is a command issuing in the name of the sovereign authority from a
superior court having jurisdiction, and is directed to some person,
corporation, or, inferior court, within the jurisdiction of such
superior court, requiring them to do some particular thing therein
specified, which appertains to their office and duty, and which the
superior court has previously determined, or at least supposes to be
consonant to right and justice. 20 Pick. 484; 21 Pick. 258; Dudley, 37; 4
Humph. 437.
3.
Mandamus is not a writ of right, it is not consequently granted of
course, but only at the discretion of the court to whom the application
for it is made; and this discretion is not exercised in favor of the
applicant, unless some just and useful purpose may be answered by the
writ. 2 T. R. 385; 1 Cowen's R. 501; 11 Shepl. 151; 1 Pike, 11.
4.
This writ was introduced io prevent disorders from a failure of
justice; therefore it ought to be used upon all occasions where the law
has established no specific remedy, and where in justice and good
government there ought to be one. 3 Burr. R. 1267; 1 T. R. 148, 9.; 2
Pick. 414; 4 Pick. 68; 10 Pick. 235, 244; 7 Mass; 340; 3 Binn. 273; 5
Halst. 57; Cooke, 160; 1 Wend. 318; 5 Pet. 190; 1 Caines, R. 511; John.
Cas. 181; 12 Wend. 183; 8 Pet. 291; 12 Pet. 524; 2 Penning. 1024;
Hardin, 172; 7 Wheat. 534; 5 Watts. 152; 2 H. & M. 132; 3 H. &
M. 1; 1 S. & R. 473; 5 Binn. 87; 3 Conn. 243; 2 Virg. Cas. 499; 5
Call. 548. Mandamus will not lie where the law has given another
specific remedy. 1 Wend. 318; 10 John. 484; 1 Cow. 417; Coleman, 117; 1
Pet. 567; 2 Cowen, 444; 2 M'Cord, 170; Minor, 46; 2 Leigh, 165; Const.
Rep. 165, 175, 703.
5.
The 13th section of the act of congress of September, 24, 1789, gives
the supreme court 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 authority of the United States. The issuing of
a mandamus to courts, is the exercise of an appellate jurisdiction,
and, therefore constitutionally vested in the supreme court; but a
mandamus directed to a public officer, belongs to original jurisdiction,
and by the constitution, the exercise of original jurisdiction by the
supreme court is restricted to certain specified cases, which do not
comprehend a mandamus. The latter clause of the above section,
authorizing this writ to be issued by the supreme court, to persons
holding office under the authority of the United States, is, therefore,
not warranted by the constitution, and void. 1 Cranch, R. 175.
6.
The circuit courts of the United States may also issue writs of
mandamus, but their power in this particular, is confined exclusively to
those cases in which it may be necessary to the exercise of their
jurisdiction. 7 Cranch, R. 504; 8 Wheat. R. 598; 1 Paine's R. 453. Vide,
generally, 3 Bl. Com. 110; Com. Dig. h. t; Bac. Ab. h. t.; Vin. Ab. h.
t.; Selw. N. P. h. t.; Chit. Pr. h. t.; Serg. Const. Index, h. t.; Ang.
on Corp. Index, h. t.; 3 Chit. Bl. Com. 265 n. 7; 1 Kent. Com. 322;
Dane's Ab. Index, h. t.; 6 Watts & Serg. 386, 397; Bouv. Inst.
Index, h. t.; and the article "Courts of the United States."
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