But THE COURT being divided in opinion on that question, the motion, made ex officio, was not allowed.
The Attorney General then changed the ground of his interposition, declaring it to be at the instance, and on behalf of Hayburn, a party interested; and he entered into the merits of the case, upon the act of Congress, and the refusal of the Judges to carry it into effect.
THE COURT observed, that they would hold the motion under advisement...
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