The Writ of Mandamus- The Southern Representatives.
May 1, 1866
By proposing an official order for the Speaker of the House to properly fulfill duties which he is obligated to, admission of Southern representatives in Congress may be secured. Southern representatives want to present themselves in front of Congress, demanding to be sworn in as elected members. Once Congress refuses to do so, they can lawfully make a Writ of Mandamus to show the Speaker why he shouldn't administer the oath.
An old fogy friend of ours, who is well versed in the history of writs in England, from that of habeas corpus ad subjiciendum, and the other writs of habeas corpus to the writs of mandamus, prohibition, quowarrants, ne exeat regno, and perhaps others that we know nothing about- has conceived the idea, that as these writs of various sorts proceeding from the Court of King's Bench, where none but learned and incorruptible jurists ever sit, have always been respected in England, and even Parliament been set right in some cases by the writ, a writ of mandamus addressed to the Clerk or Speaker of the House of Representatives at Washington would secure the admission of the Southern Representatives.
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BeamBrooke-18660501-The Writ of Mandamus.pdf
“The Writ of Mandamus- The Southern Representatives.,” Reconstructing Virginia, accessed February 4, 2023, https://reconstructingvirginia.richmond.edu/items/show/125.