John McLean

“ The complainant therefore submits, that, whatever its merit, in the opinion of the court, of the essential dispute on matters of account between him and the accounting officers, the parties may be remitted to the ordinary process of law, so as to have a fair trial and regular adjudication of the merits, before execution be had of his body or estate. Therefore, this complainant prays that injunction may be granted to him to stay proceedings on the said warrant altogether ”

“ To provide for such emergencies, the treasury department is vested with extraordinary and responsible powers; and to guard the rights of the citizens from any abuse by the exercise of these powers, a special authority is given to a district judge of the United States, or one of the judges of this court, to arrest the proceedings by granting an injunction. ”

“ The United States, by their attorney aforesaid, state, that the said complainant had rendered to the United States his general account against them, charging a commission of two and a half per cent upon all moneys which had passed through his hands in the different agencies in which he had acted as aforesaid, and claiming, by that account, a balance, as due to him from the United States, of nine thousand three hundred and sixty-seven dollars and eighty-seven cents, as will appear by a copy of the said account, exhibited by the complainant, and made a part also of his said bill of complaint. ”

“ Nor is the right of appeal given in any other act of congress. It is conceded that it does not exist under the judiciary act of 1789; but it has been asserted that it may prevail under the act of 1803. ”

“ That he has duly made out and presented his account to the proper accounting officers of the treasury, charging his commission at the rate of two and one half per cent on the amount of his disbursements, which, if allowed, would, after a full and fair settlement of all his public accounts, leave the United States indebted to him in a balance of nine thousand eight hundred and eighty-six dollars and twenty-four cents ”

“ The second section of the act directs the warrant to issue to the marshal of the district where the delinquent resides; and that the marshal shall proceed to levy the sum due, by distress and sale of the goods and chattels of such delinquent, and if there be not sufficient goods and chattels to satisfy the warrant, the marshal is authorised to take the person of the delinquent, and to commit him to prison, there to remain until discharged by due course of law, & c. ”

“ That the extent of the extra labour and responsibility bility so devolved upon him cannot be adequately described or conceived, without a reference to, and inspection of, his books, bank accounts, and vouchers connected with this branch of his employment in the public service ”

“ That, as early as the year 1800, this complainant made out an abstract of his disbursements under these extra agencies, claiming to be allowed a compensation therefor; which original abstract is on file in the treasury department ”