Amos Kendall

Amos Kendall , 1789-1869, American journalist and statesman, b. Dunstable, Middlesex co., Mass. He edited (1816-29) at Frankfort, Ky., the Argus of Western America, one of the most influential Western papers of the day. At first a supporter of Henry Clay, he shifted allegiance to Andrew Jackson and helped to build Jackson's political strength. In 1829 he went to Washington, D.C., and was appointed by President Jackson fourth auditor of the Treasury. His real importance was as one of the ablest and most influential members of the Kitchen Cabinet—a group of intimate advisers to President Jackson. He helped draft many of Jackson's more important state papers, was chief counselor to Jackson in the controversy over rechartering the Bank of the United States, and vigorously defended administration policies in the newspapers. He was appointed (1835) U.S. Postmaster General by Jackson, and he remained at the post under President Van Buren, thoroughly reorganizing a badly managed department. He became (1845) business manager for Samuel F. B. Morse and played an important role in the development of telegraph service. Kendall opposed secession and urged vigorous prosecution of the war against the South, although he was often critical of President Lincoln's policies.

Bibliography: See his autobiography, ed. by his son-in-law, William Stickney (1872, repr. 1949).

Kendall v. United States Ex Rel. Stokes, 12 Pet. (37 U.S.) 524 (1838), argued 13, 19–24, 26–27 Feb. 1838, decided 12 Mar. 1838 by vote of 9 to 0; Thompson for the Court. The case originated when newly appointed postmaster general Amos Kendall refused to obey an order from the federal circuit for the District of Columbia that he honor a contract negotiated by his predecessor with the firm of Stockton and Stokes. Kendall, appointed by President Andrew Jackson to reform the Post Office, refused on the grounds that the contract was tainted with political favoritism, which it probably was. The matter was referred to Congress, which enacted a law requiring Kendall to follow the recommendations of the solicitor general of the treasury, Virgil Maxcy (who was a friend of the plaintiffs). Kendall refused again, arguing that the act of Congress was an unconstitutional infringement on the powers of the executive branch. This was the issue before the Supreme Court.

A unanimous decision, written by Justice Smith Thompson, went against Kendall holding that (1) not every officer in the executive branch was under the exclusive control of the president; (2) Congress could assign ministerial duties to such officers, and (3) such duties could be enforced by a writ of mandamus issuing from the federal circuit court. The case was significant because it resolved a conflict between the executive branch and Congress, while at the same time establishing a role for the courts in resolving such disputes. It clarified the mandamus‐granting authority of federal circuit courts.

See also Lower Federal Courts; Separation of Powers.

R. Kent Newmyer