John McLean

“ The charge was sanctioned by the accounting officers of the treasury department, and no objection was ever made to it by the committees of congress, who annually inspected the books of the department. It would seem, therefore, whether the claim of the defendant be weighed in reference to the services performed or to the long sanction which has been given to them by the navy and treasury departments, its justice is unquestionable. The government does not deny the performance of the services by the defendant, nor that they do in equity entitle him to compensation ”

“ It is admitted, that if the usage can sanction the allowance claimed by the defendant, it is sustained; but it is denied, that usage is of any value, when it is in direct violation of law. As to the suggestion, that if the allowances which have been made to the defendants in accounts finally settled at the treasury were made in violation of law, then the same should be reimbursed to the United States, the answer is, that the accounts, having been adjusted, are finally disposed of. ”

“ This court cannot see any right, either legal or equitable, in the government, to the sum of money for the recovery of which this action was brought. They think that the secretary of the navy, in authorizing the defendant to make the disbursements, on which the claim for compensation is founded, did not transcend those powers which, under the circumstances of the case, he might well exercise. And they, therefore, think, that the circuit court did not err in refusing to give the instructions to the jury as prayed by the attorney of the United States. ”

“ For the convenience of the officers of the navy, and others who were engaged in the service of the department, certain disbursements became necessary; and as no law specially authorized the appointment of an agent for this purpose, they were required to be made by a clerk. In this manner were these payments made for fifteen years, under different secretaries of the navy, and the same rate of compensation, as now claimed, was allowed. ”

“ That it appears, in the present case, there was no increase of labor, as to time; as the services for which compensation is charged were rendered during office-hours. And it is also insisted, that the duties discharged belonged to another officer of the government; and that it is not competent for any officer of the government, even the president himself, to take from one officer certain duties which the law has devolved upon him, and require another to discharge them. ”