SEC. 3. And be it further enacted, That, from and after the thirtieth day of September next, if any officer employed, or who has heretofore been employed, in the civil, military, or naval, departments of the government, to disburse the public money appropriated for the service of those An execution is the end of the law. It gives the successful party the fruits of his judgment, and the distress warrant is a most effective execution. It may act on the body and estate of the individual against whom it is directed. Ibid. It would excite some surprise if, in a government of laws and of principle, furnished with a department whose appropriate duty is to decide questions of right, not only between individuals, but between the government and individuals, a ministerial officer might, at his discretion, issue this powerful process, and levy on the person, lands, and chattels of the debtor, any sum he might believe to be due, leaving to that debtor no remedy, no appeal to the laws of his country, if he should believe the claim to be unjust. But this anomaly does not exist; this imputation cannot be cast on the legislature of the United States. Ibid. Under the act of Congress the chief justice of the District of Columbia had full jurisdiction over the case. Ibid. After a reference to auditors, according to the course of courts of chancery in matters of account, a final decree was pronounced against the United States, and a perpetual injunction awarded. This decree is now in full force, and was in force when this suit was instituted. The act of Congress gave jurisdiction in the specific case to the district judge. He might have enjoined the whole or a part of the warrant. His decree might have been for or against the United States for the whole or a part of the claim. On the sum which he found to be due, he is directed to assess the lawful interest; he may add such damages, as with the interest, shall not exceed the rate of ten per cent. per annum on the principal sum. Had the district judge finally enjoined a part of the sum claimed by the United States, and decreed that the residue should be paid with interest, all would perceive the unfitness of asserting a claim in a new action to that portion of the debt which had been enjoined by the decree of the court. And, yet between the obligation of a decree, against the whole claim, and against a part of it, no distinction is perceived. Ibid. The relief which is given by the act of Congress on which the warrant of distress may be issued, by application to any district judge of the United States for an injunction to stay proceedings on such warrant, is not confined to an officer employed in the civil, military, or naval departments of the government, to disburse the public money appropriated for the service of those departments respectively, who shall fail to render his accounts, or pay over in the manner required by law, any sum of money remaining in the hands of such officer. Ibid. When the legislature turns its attention to the individual against whom the warrant may issue, the language of the law is immediately changed. The word person is substituted for officer; and it declares, "that if any person should consider himself aggrieved by any warrant issued under this act, he may prefer a bill of complaint, &c.," and thereupon the judge may grant an injunction, &c. Ibid. The character of the individual against whom the warrant may be issued is entirely disregarded by that part of the law. Be he whom he may, an officer or not an officer, a debtor or not a debtor; it the warrant be levied on his person or property, he is permitted to appeal to the laws of his country, and to bring his case before the district judge, to be adjudicated by him. Ibid. The district judge had full jurisdiction over the case, and his decision is final. The judgment on the warrant of distress, and the proceedings upon it are, consequently, a bar to any subsequent action for the same cause. Ibid. A party was arrested and held in custody, by virtue of a distress warrant, issued from the Treasury Department, under an act of Congress passed the 15th of May, 1820, to provide for the better organization of the Treasury Department." The act provides, in substance, for the issuing of this warrant by the agent of the treasury, against all military and naval officers, &c., charged with the disbursement of the public moneys, who shall fail to pay and settle their accounts at the Treasury Department. The party in custody, was a lieutenant in the navy of the United States, and had officiated as acting purser of a national ship, supplying a vacancy occasioned by the death of the regularly commissioned purser of the ship, on the Mediterranean station, and had executed no official bond as purser. On his return to the United States, he had settled his account at the proper department, viz., in 1828; and in 1833, the then fourth auditor, opened and re-stated his account, on the ground that it had been erroneously settled in the first instance, and the account as re-stated, exhibited a large balance against the party, due to the United States. Upon this re-stated account, the distress warrant was issued, by virtue whereof, the party was arrested and was brought before the circuit court under a writ of habeas corpus, directed to the officer, who executed the warrant, and held the petitioner in custody. Held, That the account of the petitioner as acting purser, having been once stated, and settled at the Treasury Department, the law invests the auditor with no power to open and re-settle it, of his own mere authority. The act creates a special and limited jurisdiction; and after the accounts of any class of officers, on whom it was intended to act, have been adjusted, however erroneously, that special jurisdiction is functus officio, and any process issued upon a re-establishment of such accounts, is absolutely null and void. BARBOUR, J. That, assuming that the act, under which this arrest was made, does not violate the Constitution of the United States, which declares, that "the judicial power of the United States shall be vested in one supreme court, and in such inferior courts as Congress shall, from time to time, ordain and establish; the judges, both of the supreme and inferior courts, shall hold their offices dur ing good behaviour," and extends the judicial power to "controversies to which the United States shall be a party :" yet, the authority vested by this law in certain agents of the treasury, and all acts done in pursuance thereof, are purely ministerial. The statement or certificate, authorized by the act, is not a judgment, and the warrant which coerces payment, is not judicial process. They are ministerial acts, (for, otherwise, they could not be sustained,) and the general principles of construction require, that the authority vested by the act, shall be strictly and literally pursued. Per MARSHALL, departments respectively, shall fail to render his accounts, or to pay over, in the manner, and in the times, required by law, or the regulations of the department to which he is accountable, any sum of money remaining in the hands of such officer, it shall be the duty of the first or second comptroller of the treasury, as the case may be, who shall be charged with the revision of the accounts of such officer, to cause to be stated and certified, the account of such delinquent officer, to the agent of the treasury, who is hereby authorized and required immediately to proceed against such delinquent officer, in the manner directed in the preceding section, all the provisions of which are hereby declared to be applicable to every officer of the government charged with the disbursement of the public money, and to their sureties, in the same manner, and to the same extent, as if they had been described and enumerated in the said section: Provided, nevertheless, That the said agent of the treasury, with the approbation of the Secretary of the Treasury, in cases arising under this or the preceding section, may postpone, for a reasonable time, the institution of the proceedings required by this act, where, in his opinion, the public interest will sustain no injury by such postponement. SEC. 4. And be it further enacted, That if any person should consider himself aggrieved by any warrant issued under this act, he may prefer a bill of complaint to any district judge of the United States, setting forth therein the nature and extent of the injury of which he complains; and thereupon the judge aforesaid may, if in his opinion the case requires it, grant an injunction to stay proceedings on such warrant altogether, or for so much thereof as the nature of the case requires; but no injunction shall issue till the party applying for the same shall give bond, and sufficient security, conditioned for the performance of such judgment as shall be awarded against the complainant, in such amount as the judge granting the injunction shall prescribe; nor shall the issuing of such injunction in any manner impair the lien produced by the issuing of such warrant. And the same proceedings shall be had on such injunction as in other cases, except that no answer shall be necessary on the part of the United States; and if, upon dissolving the injunction, it shall appear to the satisfaction of the judge who shall decide upon the same, that the application for the injunction was merely for delay, in addition to the lawful interest which shall be assessed on all sums which may be found due against the complainant, the said judge is hereby authorized to add such damages as that, with the lawful interest, it shall not exceed the rate of ten per centum per annum on the principal sum. SEC. 5. And be it further enacted, That such injunctions may be granted or dissolved by such judge, either in or out of court. SEC. 6. And be it further enacted, That if any person shall consider himself aggrieved by the decision of such judge, either in refusing to issue the injunction, or, if granted, on its dissolution, it shall be competent for such person to lay a copy of the proceedings had before the district judge before a judge of the Supreme Court, to whom authority is hereby given, C. J. The act does not apply, in sound construction, to every commissioned officer of the army or navy of the United States, to whose hands any public money may be intrusted, but only to those regularly appointed disbursing officers, who have given official bonds, with sureties for the faithful discharge of the duties of their office; it does not embrace a mere acting purser in the navy. The construction put by the court upon this act does not affect the responsibility of a temporary acting disbursing officer of the army or navy, but simply denies his liability to the particular process authorized by the act. The responsibility of such an officer is precisely the same with that of the regularly appointed officer, who has given his official bond with surety; and if his account has been erroneously settled, it may be opened, and any balance remaining due from him to the United States, may be recovered in a regular course of legal proceeding. Per Curiam. In case of an erroneous settlement, a bill in equity would lie to surcharge and falsify, as in the case of a settled account between individuals. If even at law, though the settled account would be prima facie evidence, might not the true balance be recovered upon proving mistakes and omissions? Per BARBOUR, J. Ex parte Randolph, 2 Brockenb. C. C. R. 447. relief. who may grant either to grant the injunction, or permit an appeal, as the case may be, if, in the opinion of such judge of the Supreme Court, the equity of the case requires it; and thereupon the same proceedings shall be had upon such injunction in the circuit court, as are prescribed in the district court, and subject to the same conditions in all respects whatsoever. Attorneys of the United States to con form to instructions from the agent of the treasury. Attorneys, at the end of every term, to forward a statement of cases decided, &c. and infor mation, to the agent, &c. Clerks of cir cuit and district courts, within 30 days after term, to forward a list of judgments and decrees enter ed, to the agent, showing the amount, &c. Marshals, within 30 days before terms, to make returns, to the agent, of proceedings on writs of execution, &c. Nothing in this act to impair any right or remedy, under preceding laws. STATUTE I. May 15, 1820. [Obsolete.] The President authorized to cause to be built, &c. not exceeding five vessels of war, of not more than 12 guns each. 60,000 dolls. appropriated for the object. STATUTE I. May 15, 1820. [Expired.] Act of April 10, 1806, ch. 25, prose SEC. 7. And be it further enacted, That the attorneys of the United States, for the several judicial districts of the United States, in the cution of all suits in the same, in the name and for the benefit of the United States, shall conform to such directions and instructions, touching the same, as shall, from time to time, be given to them, respectively, by the said agent of the treasury. And it shall, moreover, be the duty of each of the said attorneys, immediately after the end of every term of the district and circuit courts, or of any state court, in which any suit or action may be pending, on behalf of the United States, under the direction of any district attorney, to forward to the said agent of the treasury a statement of the cases which have been decided during the said term, together with such information touching such cases as may not have been decided, as may be required by the said officer. SEC. 8. And be it further enacted, That it shall be the duty of the clerks of the district and circuit courts, within thirty days after the adjournment of each successive term of the said courts, respectively, to forward to the said agent of the treasury a list of all judgments and decrees which have been entered in the said courts, respectively, during such term, to which the United States are parties, showing the amount which has been so adjudged or decreed for or against the United States, and stating the term to which execution thereon will be returnable. And it shall, in like manner, be the duty of the marshals of the several judicial districts of the United States, within thirty days before the commencement of the several terms of the said courts, to make returns, to the said agent, of the proceedings which have taken place upon all writs of execution or other process which have been placed in his hands for the collection of the money which has been so adjudged and decreed to the United States in the said courts, respectively. SEC. 9. And be it further enacted, That nothing in this act contained shall be construed to take away or impair any right or remedy which the United States now have, by law, for the recovery of taxes, debts, or demands. APPROVED, May 15, 1820. CHAP. CVIII.—An Act authorizing the building of a certain number of small vessels of war. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the President of the United States is hereby authorized to cause to be built and equipped, any number of small vessels of war (not exceeding five) which, in his judgment, the public service may require; the said vessels to be of a force not more than twelve guns each, according to the discretion of the President. And, for carrying this act into effect, the sum of sixty thousand dollars is hereby appropriated, to be paid out of any money in the treasury not otherwise appropriated. APPROVED, May 15, 1820. CHAP. CIX.—An Act to revive and continue in force an act, entitled "An act to provide for persons who were disabled by known wounds received in the revolu tionary war," and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the act, entitled "An act to provide for persons who were disabled by known wounds received in the revolutionary war," passed on the tenth of April, one thousand eight hundred and six, and limited, as in said act declared, to the term of six years, and afterwards revived and continued in force by an act, entitled "An [act] to revive and continue in force' An act to provide for persons who were disabled by known wounds received in the revolutionary war,' and for other purposes," for and during the term of six years, as in the said act is declared, shall be, and the same is hereby, revived, and is continued in force for one year, and no longer, from the passing of this act: Provided, That this act shall not be construed to repeal or make void the fourth section of an act, entitled "An act concerning invalid pensions," passed the third of March, one thousand eight hundred and nineteen; but the said fourth section of the said last-mentioned act shall be, and hereby is declared to be, in full force and effect, any thing in the said act hereby revived and made perpetual to the contrary notwithstanding. SEC. 2. And be it further enacted, That the right any person now has, or may hereafter acquire, to receive a pension in virtue of any law of the United States, be considered to commence at the time of completing his testimony, pursuant to the act hereby revived and continued in force. SEC. 3. And be it further enacted, That the agents for the payment of invalid pensioners of the United States shall, in future, be required to give bond, with two or more sureties, to be approved by the Secretary for the Department of War, in a sum not exceeding five thousand dollars, for the faithful discharge of the duties confided to them, respectively. APPROVED, May 15, 1820. continued in May, 1821. force to 15th Act of April 25, 1812, ch. 69. Proviso; this act not to make void the 4th section of the act of 3d March, 1819, ch. 99. The right to receive a penmence at the time of completing the testimony. Agents for paying pensions to give bond, in not exceeding 5000 dollars. sion to com CHAP. CX.-An Act designating the ports within which only foreign armed vessels shall be permitted to enter. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That, after the first day of July, one thousand eight hundred and twenty, it shall not be lawful for any foreign armed vessels to enter any harbour belonging to the United States, excepting only those of Portland, Boston, New London, New York, Philadelphia, Norfolk, Smithville, in North Carolina, Charleston, and Mobile; unless when such vessels shall be forced in by distress, by the dangers of the sea, or by being pursued by an enemy, and be unable to make any of the ports above mentioned; in which cases, the commanding officer shall immediately report his vessel to the collector of the district, stating the object or causes of his entering such harbour; shall take such position therein as shall be assigned him by such collector, and shall conform himself to such regulations as shall be signified to him by the said collector, under the authority and direction of the President of the United States. SEC. 2. And be it further enacted, That it shall be lawful for the President of the United States to employ such part of the land and naval forces of the United States, or the militia thereof, as he may deem necessary to enforce the provisions of the first section of this act; and the President shall also be authorized to employ such forces to prevent any foreign armed vessel from entering or remaining within any waters within the jurisdiction of the United States, except such as shall lie in her direct course in entering from sea, or leaving, to proceed to sea, either of the harbours above mentioned. SEC. 3. And be it further enacted, That this act shall continue in force STATUTE I. May 15, 1820. [Expired.] After 1st July, 1820, foreign armed vessels to enter cer tain ports only, unless forced in by distress, dangers of the seas, or an enemy, &c. The President may employ land and naval forces and militia, to enforce this act. This act in force until 1st July, 1822. STATUTE I. May 15, 1820. The terms to be hereafter holden on the first Monday in May and second Monday in October. Suits, &c. commenced and pending, made valid to the times fixed. Appeals and writs of error to the Supreme Court, as from circuit courts. Act of April 20, 1818, ch. 103. Salaries to the district attorneys and marshals of the western district of Pennsylvania and northern district of New York. STATUTE I. May 15, 1820. The Secretary to provide, by contract, for a lighthouse on of the Treasury until the first day of July, one thousand eight hundred and twenty-two, and no longer. APPROVED, May 15, 1820. CHAP. CXI.-An Act for altering the times for holding the court of the United States for the western district of Pennsylvania, and for other purposes. (a) Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the terms of the district court for the western district of Pennsylvania, which are now directed by law to be holden on the first Mondays of the months of June and December, in each year, shall hereafter be holden, for the said district, on the first Monday in May, and second Monday in October, in each year. SEC. 2. And be it further enacted, That all actions, suits, process, pleadings, and other proceedings, commenced or pending in the said district court, shall be as good and valid to the said first Monday in May, and second Monday in October, in each year, as if this change had not been made, any law to the contrary notwithstanding. SEC. 3. And be it further enacted, That appeals and writs of error shall lie from decisions in the said district court for the western district of Pennsylvania, when exercising the powers of a circuit court, to the Supreme Court of the United States, in the same manner as from circuit courts; and that so much of the fourth section of the act, entitled “An act to divide the state of Pennsylvania into two judicial districts," passed on the twentieth day of April, one thousand eight hundred and eighteen, as provides that writs of error shall lie from decisions in the said district court to the circuit court in the eastern district of Pennsylvania, be, and the same is hereby, repealed. SEC. 4. And be it further enacted, That there shall be allowed to the district attorney, and to the marshal of the said western district of Pennsylvania, and the northern district of New York, the yearly sum of two hundred dollars each; to commence from the twentieth day of April, one thousand eight hundred and nineteen; to be paid quarterly, at the treasury of the United States. APPROVED, May 15, 1820. CHAP. CXII.—An Act to authorize the erection of a lighthouse on one of the Isles (a) Acts relating to the courts of the United States in the western district of Pennsylvania: An act for altering the times for holding the court of the United States for the western district of Pennsylvania, May 15, 1820, ch. 111. An act to alter the judicial districts of Pennsylvania, and for other purposes, May 26, 1824, ch. 170. An act supplementary to an act entitled "An act to amend the judicial system of the United States," March 3, 1837, ch. 34, sec. 4. An act respecting the jurisdiction of certain district courts, Feb. 19, 1831, ch. 28. An act altering the time of holding the district court of the United States for the western district of Pennsylvania, May 8, 1840, ch. 23. An act to authorize the judge of the district court for the western district of Pennsylvania, to hold a special session of said court, March 19, 1842, ch. 6. An act to amend "An act for altering the time of holding the district court of the United States, for the western district of Pennsylvania at Williamsport," approved May 8, one thousand eight hundred and forty, July 27, 1842, ch. 68. |