Therewasnoroom for the exercise of discretion. The law provided for the performance of a certain specific act. and the law provided that its performance might be required by mandamus. The specific act required of John L Davenport and other supervisors here is to enforce the law about elections. the whole body of the law. and also about naturalization. political and executive. broad judicial determinations under the law as to the necessity for its exercise. and the occasion and manner of putting it into judgment and into execution. and in all that. and in everything. independent of the President of the United States or anybody else. For some reason. that we must endeavor to ascertain. this bill is to create the only office in the United States. not named in the Constitution. that is entirely above the control of any department of the Government. in the exercise of its discretionary powers: Very different is the duty of the President in the exercise of the power to see that the laws are faithfully executed and among these laws the acts named in the bill. By the first of these acts he is required to assign generals to command in the several military districts and to detail sufficient military force to enable such officers to discharge their duties under the law.
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naturalization