Ex parte Nathaniel Crane and Samuel Kelly, In the Matter of James Jackson, Ex Dem. of John Jacob Astor and Others v. Nathaniel Crane and James Jackson, Ex Dem. of John Jacob Astor and Others v. Samuel Kelly
| Citation | 8 L.Ed. 92,30 U.S. 190,5 Pet. 190 |
| Parties | EX PARTE NATHANIEL CRANE AND SAMUEL KELLY, IN THE MATTER OF JAMES JACKSON, EX DEM. OF JOHN JACOB ASTOR AND OTHERS v. NATHANIEL CRANE AND JAMES JACKSON, EX DEM. OF JOHN JACOB ASTOR AND OTHERS v. SAMUEL KELLY |
| Decision Date | 01 January 1831 |
| Court | United States Supreme Court |
MR Hoffman moved the court for a writ of mandamus to be directed to the circuit court of the United States for the southern district of New York in the second circuit, commanding that court to review its settlement of certain bills of exceptions, which were tendered on the part of the defendants on the trials of those cases in the circuit court, and to correct, settle and allow, and insert in the said bills, the charges to the jury in each case, or the substance thereof; and also for such other and further order and relief in the premises, as the court shall deem just and proper.
This motion was made after notice to the plaintiffs in the ejectments, and was founded on an affidavit made by Green C. Bronson, Esq, the attorney general of New York, who was of counsel for the defendants in the circuit court, a copy of which affidavit had been served upon the counsel for the plaintiffs in the suits.
The facts set forth in the affidavit and the papers referred to, are fully stated in the opinion of the court.
The case was submitted to the court, without argument, by Mr Hoffman and Mr Webster for the relators, and by Mr Ogden and Mr Wirt for the plaintiffs in the circuit court.
These suits were decided in the court of the United States for the second circuit and southern district of New York, in May term 1830. At the trial the court gave opinions on several points of law, which were noted at the time, and a right to except to them reserved. According to the practice in New York, bills of exceptions were prepared by counsel in vacation, and tendered to the circuit judge for his signature. The bills comprehend not only the points of law made at the trial, but the entire charge to the jury. The judge corrected the bills by striking out his charge to the jury. This motion is made for a writ of mandamus 'to be directed to the circuit court of the United States for the southern district of New York in the second circuit, commanding the said circuit court to review its settlement of the proposed bills of exceptions,' 'and to correct, settle, allow and insert, in the said bills, the charge delivered to the said jury in each case, or the substance thereof.'
A doubt has been suggested respecting the power of the court to issue this writ. The question was not discussed at the bar, but has been considered by the judges. It is proper that it should be settled, and the opinion of the court announced. We have determined that the power exists. Without going extensively into this subject, we think it proper to state, briefly, the foundation of our opinion.
In England the writ of mandamus is defined to be a command issuing in the king's name, from the court of king's bench, and directed to any person, corporation, or inferior court of judicature within the king's dominions, requiring them to do some particular thing therein specified, which appertains to their office and duty, and which the court of king's bench has previously determined, or at least supposes to be consonant to right and justice. Blackstone adds, 3 Bl. Com.
It is, we think, apparent that this definition, and this description of the purposes to which it is applicable by the court of king's bench, as supervising the conduct of all inferior tribunals, extends to the case of a refusal by an inferior court to sign a bill of exceptions, when it is an act which 'appertains to their office and duty,' and which the court of king's bench supposes 'to be consonant to right and justice.' Yet we do not find a case in which the writ has issued from that court. It has rarely issued from any court; but there are instances of its being sued out of the court of chancery, and its form is given in the register. It is a mandatory writ commanding the judge to seal it, if the fact alleged by truly stated: 'si ita est.'
There is some difficulty in accounting for the fact, that no mandamus has ever issued from the court of king's bench, directing the justice of an inferior court to sign a bill of exceptions. As the court of chancery was the great officina brevium of the kingdom, and the language of the statute of Westminster the second was understood as requiring the king's writ to the justice, the application to that court for the writ might be supposed proper. In 1 Sch. and Lef. 75, the chancellor superseded a writ which had been issued by the cursitor, on application; declaring that it could be granted only by order of the court. He appears, however, to have entertained no doubt of his power to award the writ on motion. Although the course seems to have been to apply to the chancellor, it has never been determined that a mandamus to sign a bill of exceptions may not be granted by the court of king's bench.
It is said by counsel in argument in Bridgman vs. Holt, Show. P. C. 122, that by the statute of Westminster the second, ch. 31, in case the judge refuses, then a writ to command him, which is to issue out of chancery, quod apponat sigillum suum. The party grieved by denial, may have a writ upon the statute commanding the same to be done, &c. 'That the law is thus, seems plain, though no precedent can be shown for such a writ: it is only for this reason, because no judge did ever refuse to seal a bill of exceptions; and none was ever refused, because none was ever tendered like this, so artificial and groundless.'
The judicial act, sect. 13, enacts, that the supreme court shall have power to issue writs of prohibition to the district courts when proceeding as courts of admiralty and maritime jurisdiction; and writs of mandamus in cases warranted by the principles and usages of law, to any courts appointed, or persons holding offices under the authority of the United States. A mandamus to an officer is held to be the exercise of original jurisdiction; but a mandamus to an inferior court of the United States, is in the nature of appellate jurisdiction. A bill of exceptions is a mode of placing the law of the case on a record, which is to be brought before this court by a writ of error.
That a mandamus to sign a bill of exceptions is 'warranted by the principles and usages of law,' is, we think, satisfactorily proved by the fact that it is given in England by statute; for the writ given by the statute of Westminster the second, is so in fact, and is so termed in the books. The judicial act speaks of usages of law generally, not merely of common law. In England it is awarded by the chancellor; but in the United States it is conferred expressly on this court, which exercises both common law and chancery powers; is invested with appellate power; and exercises extensive control over all the courts of the United States. We cannot perceive a reason why the single case of a refusal by an inferior court to sign a bill of exceptions, and thus to place the law of the case on the record, should be withdrawn from that general power to issue writs of mandamus to inferior courts, which is conferred by statute.
In New York, where a statute exists similar to that of Westminster the second, an application was made to the supreme court for a mandamus to an inferior court to amend a bill of exceptions according to the truth of the case. The court treated the special writ given by the statute as a mandamus, and declared that it was so considered in England; and added, that 'though no instance appears of such a writ issuing out of the king's bench, where an inferior court refused to seal a bill of exceptions, there is no case denying to that court the power to award the writ.' 'It ought to be used where the law has established no specific remedy, and where in justice and good government there ought to be one.' 'There is no reason why the awarding of this particular writ does not fall within the jurisdiction of this court, or why it should be exclusively confined to the court of chancery.'
In the opinion then of the very respectable court, which decided the motion made for a mandamus in Sikes vs. Ransom, 6 Johns. Rep. 279, the supreme court of New York possesses the power to issue this writ, in virtue of its general superintendence of inferior tribunals. The judicial act confers the power expressly on this court. No other tribunal exists by which it can be exercised.
We proceed to the inquiry whether a proper case has been made out, on which the writ ought to be issued.
The affidavit of Mr Bronson, the attorney for the defendants in the circuit court, is the evidence on which the motion is to be sustained. He says 'that the suits were tried on a full understanding, that each party was to be considered as excepting to any decision or opinion of the said court which he might desire to review on a writ of error, whether such exception was formally announced at the trial or not; and it was also fully understood, in the event of verdicts for the plaintiff, that the deponent would, after the trials, prepare bills of exception, and carry the cases by writs of error to the supreme court of the United States.' The charge of the judge was formally excepted to in one of the cases, before the jury left the bar.
In the case of Nathaniel Crane, the counsel for each par...
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