Mr. Jones further contended, in support of the motion, that if this Court have an appellate jurisdiction over the proceedings of the Circuit Court of Louisiana, they may interpose by a mandamus to have done what the Court has a right to correct by a writ of mandamus. This may be done in a case pending, although the Court will not originate a case by a mandamus. Cited Marbury vs. Madison, 1 Cranch. This Court will proceed by a mandamus, when it is necessary to interpose for the exercise of the appellate power of the Court, and when there are no other remedies. The issue of a writ of habeas corpus is on the ground that in no other manner in the case could the appellate power of the Court be exercised.
