Jackson Grimshaw to Richard Yates

The People of the State of Illinois on the relation of Harless

vs

Richard Yates Governor and Francis A. Hoffman Lieut Governor of the State of Illinois

Nov. term of Supreme Court A.D. 1863

The well known case of Marbury vs Madison 1 branch 137 in 1 Condensed Reports U.S. Supreme Court pages 276 279, 280 decided Feb. term 1803 settled the law under the Constitution of the United States that a mandamus would not be against the Executive branch of the National Government, nor even against a Secretary of State of the United States, the appointee and one of the advisers of the President, where the Secretary's acts were “political” and within the scope of executive functions and were not strictly ministerial. The same rule clearly

applies so far as the Executive branch of the Government of Illinois is concerned

The Governor as the Executive is not subject to mandamus from the Courts.

The Lieut. Governor occupies a double relation to the State both Executive (at times) and Legislative when Presiding over the senate. He is not subject to a Mandamus in either capacity.

The case of The People ex re Billings vs Bissell Governor 19 Illinois, 229 to 234 decides with much ability that the court has no power to compel the action of co-ordinate brances of Government though it is said that as in the case The People ex re vs Matteson 17 Ills. 167 the excutive might make an agreed case and submit it to Supreme Court, but that the

court claims no right to exercise coercive jurisdiction over the executive.

My opinion is that it is not the duty of Governor Yates nor of Lt Governor Hoffman to appear voluntarily on notice such as has been served.

Should the court improvidently issue an alternative writ of mandamus, answer should be made merely however as a matter of respect to the court that the court had no power over either the Governor or Lieut. Governor by compulsory writ.

Springfield Ills. 11 Nov. 1863

Very Respectfully

Jackson Grimshaw

To His Excellency Governor Richard Yates.

G.

Grimshaw Jackson

Springfield Nov 11 1863,

Decision in case of mandamus, The people of the State of Illinois ex rel Harles vs Richd Yates & F A Hoffman

Executive Office Dec 31, 63

Abstract & file