Henry Brockholst Livingston

“ Then it follows irresistably that it was the bounden duty of a collector so situated, to have transmitted to the president a statement of facts in the case on which the opinion of the president was asked. If the collector was bound to represent the facts in the case to the president, he must have been bound to have used reasonable care in ascertaining those facts, not only as the foundation of his own opinions or suspicions, but also as the foundation upon which the ultimate decision of the president must rest. ”

“ Yet such would be the consequence of punishing an officer who had discretionary powers, if the examination was not into the purity of his intention, but into the correctness of the judgment which influenced his conduct. ”

“ But even admitting the fact that the quantity of water on board the schooner is accounted for, no explanation is given of the quantity of groceries, small stores and provisions on board. Although it may be contended that the water at Provincetown is better than that at Boston, it will not, I presume, be contended that the groceries and small stores would be better and cheaper at the former place than at the latter. ”