Joseph Story

“ If the argument on behalf of the Government were correct, the provision, so solicitously placed in this last act, was wholly unnecessary; for the liability would expand with the new duties imposed by every successive act of the Legislature. But the act itself furnishes no ground for such an exposition; and we do not feel ourselves at liberty to give to contracts of this sort further efficacy than the laws and the parties must have had in their contemplation. ”

“ The Collector, whose bond is in question, was appointed by the President, on the 11th of November, 1813, and, by the terms, of his commission, he was to hold his office during the pleasure of the President, 'and until the end of the next session of the Senate of the United States, and no longer.' The bond in question was given by the Collector, and by the defendants, as his sureties, on the 4th of December, of the same year; and it follows, in its terms, the requirements of the act of Congress. ”

“ It is certainly too late for either party to claim a right to make an appropriation, after the controversy has arisen, and a fortiori at the time of the trial. In cases like the present, of long and running accounts, where debits and credits are perpetually occurring, and no balances are otherwise adjusted than for the mere purpose of making rests, we are of opinion, that payments ought to be applied to extinguish the debts according to the priority of time: so that the credits are to be deemed payments pro tanto of the debts antecedently due. ”

“ They are merely directory to such officers, and constitute no part of the contract with the surety. The surety may place confidence in the agents of the Government, and rely on their fidelity in office ”