McClung v. Silliman

Supreme Court of the United States · 1821 · Federal Courts

Federal CourtsmandamusAll Writs Actfederal jurisdictionstate court powerfederal officersland office registerministerial officers

Facts

The plaintiff claimed a preemptive interest in land in Ohio and sought from the register of the United States land office the acts and documents necessary to initiate that right. The register refused, believing the right was already vested in another and that he had no power over the controversy. The plaintiff then sought a writ of mandamus first in the federal circuit court and then in the Ohio state court. The state court sustained its own jurisdiction over the register but dismissed the motion on the merits.

Issue

Whether a federal circuit court could issue mandamus to a register of a United States land office when the writ was sought to obtain the documents necessary to found the plaintiff's claim, and whether a state court had authority to issue mandamus to such a federal officer.

Rule

A writ of mandamus under the judiciary provisions relied on may issue only where jurisdiction already exists and the writ is necessary in aid of that existing jurisdiction, not where the writ is sought in order to create or acquire jurisdiction. State courts have no authority to issue mandamus to control officers of the United States acting in the disposition of federal property; their conduct may be controlled only by the power that created them.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

Elena Torres of New Mexico claims she can sue over a tract of federal timberland in Colorado only if a records clerk at the regional federal land bureau issues a formal eligibility certificate. She files in federal circuit court against the clerk, invoking diversity and asking for mandamus compelling issuance of the certificate.

Should the federal circuit court grant the writ?

Explanation. The majority held that the writ authorized by the all-writs provision may issue only in aid of jurisdiction already possessed, not to obtain or create jurisdiction. Diversity does not change that result. Here, Elena seeks the certificate precisely because without it she cannot found her suit, so the writ would be used to acquire jurisdiction rather than assist existing jurisdiction.