1792.
hands of the marshall, ’till the right to it is fairly decided; and to avoid the risque of putting the true owner to a suit, for the purpose of recovering it back?
For my part, I think that the money should remain in the custody of the law, till the law has adjudged to whom it belongs; and, therefore, I am content, that the injunction issue.
Hayburn’s case.
This was a motion for a mandamus to be directed to the Circuit Court for the district of Pennsylvania, commanding the said court to proceed in a certain petition of Wm. Hayburn, who had applied to be put on the pension list of the United States as an invalid pensioner.
The principal case arose upon the act of Congress passed the 23d of March, 1792.
The Attorney General (Randolph) who made the motion for the mandamus, having premised that it was done ex officio, without an application from any particular person, but with a view to procure the execution of an act of Congress, particularly interesting to a meritorious and unfortunate class of citizens, the Court declared that they entertained great doubt upon his right, under such circumstances, and in a case of this kind, to proceed ex officio; and directed him to state the principles on which he attempted to support the right. The Attorney General, accordingly, entered into an elaborate description of the powers and duties of his office:—
But the Court being divided in opinion on that question, the motion, made ex officio, was not allowed.
The Attorney General then changed the ground of his interposition, declaring it to be at the instance, and on behalf of Hayburn, a party interested; and he entered into the merits of the case, upon the act of Congress, and the refusal of the judges to carry it into effect.
The Court observed, that they would hold the motion under advisement, until the next term; but no decision was ever pronounced, as the Legislature, at an an intermedi-- ↑ See the same case, post, & 3 vol. p. 1, as well on a motion to dissolve the Injunction, as on a trial of the merits, upon a feigned issue.
