This section contains the nature of the case and procedural background.

Hayburn, applied to be put on the pension list of the United States, as an invalid petitioner. The Invalid Pensions Act of 1792 provided financial assistance for injured veterans of the Revolutionary War. It directed those veterans to apply to the circuit court and the court would determine if the applicant was qualified. If an applicant was qualified the court was to certify to the Secretary of War that the name was to be added to the pension rolls. The Secretary of War had the discretion and power to withhold a name if, from his own investigation, he believed the court had made a mistake. If a name was withheld from the rolls it was reported to Congress for its review. P filed a petition for mandamus ex officio to command the Circuit Court in Pennsylvania to perform its duties under the Act. The court refused to act or render an opinion without an application from a specific person. P then named Hayburn. The Court held the petition until the next term but rendered no decision. It turns out congress has provided other means of relief for veterans such as Hayburn. The circuit courts responded by questioning the very Act itself commanding a court to perform acts there were not juridicial under the command of Congress.

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