Henry Brockholst Livingston

“ He who seeks equity must do equity. But the Defendant, Giles, was not a common debtor of the United States. He was an agent of the government, or a receiver of money, and bound to account for what he received. To account, is to retain what he had a right to demand, and to pay over the balance only. If this principle does not apply to the poundage in the case of Hicks, yet it does to his expenses and compensation in taking the census. ”

“ The act of congress contemplates a course of duty and intended that the bond should cover all his responsibility, and no doubt the parties intended to give such a bond as the act required. Congress could not have intended that upon the removal of a marshal, perhaps for wasting the public money, or for insolvency, he should still go on to collect other monies, after his sureties upon his official bond should be discharged by his removal from office. ”

“ If the Court think otherwise the jury find it to be no conversion.
On the subject of the fifth breach, it is found that Giles on the 1st of September, 1800, received as marshal 309 dollars and 87 cents, on an execution issued against one Richard Capes at the suit of the Plaintiffs, which he retains towards satisfaction of an equal sum due from them to him. If this be deemed a conversion by the Court, the jury assess damages at 309 dollars and 87 cents. But if the Court shall not think so, then the jury, on this breach, find for the Defendants. ”

“ As to the sixth breach, they find that the Defendant, Giles, did not render to the auditor of the treasury of the United States all his accounts and vouchers, &c. in manner and form as the Defendants in their rejoinder have averred, and assess damages at six cents. ”