United States v. Lawrence
Supreme Court of the United States
A MOTION was made by the Attorney General of the United States (Bradford) for a Rule to shew cause why a Mandamus should not be directed to John Lawrence, Judge of the District of New York, in order to compel him to issue a warrant, for apprehending Captain Barre, commander of the frigate Le Perdrix, belonging to the French Republic.
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A MOTION was made by the Attorney General of the United States (Bradford) for a Rule to shew cause why a Mandamus should not be directed to John Lawrence, Judge of the District of New York, in order to compel him to issue a warrant, for apprehending Captain Barre, commander of the frigate Le Perdrix, belonging to the French Republic. The case was this :—Captain Barre, soon after, the dispersion of a French convoy on the American coast, voluntarily abandoned his ship, and became a resident in New York. The Vice Consul of the French Republic, there upon, made a demand, in writing, that Judge…
1Opinion of the Court
BY THE COURT:
We are clearly and unanimously of opinion, that a mandamus ought not to issue. It is evident, that the District Judge was acting in a judicial capacity, when he determined, that the evidence was not sufficient to authorize his issuing a warrant for apprehending Captain Barre : and (whatever might be the difference of sentiment entertained by this Court) we have no power, to compel a Judge to decide to the dictates of any judgment, but his own. If is unnecessary, however, to declare, or to form, at this time, any conclusive opinion, on the question which has been so much agitated,…
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