Joseph Story

“ It was plainly then an illegal bond; for no officer of the government has a right, by colour of his office, to require from any subordinate officer, as a condition of holding office, that he should execute a bond with a condition different from that prescribed by law. That would be, not to execute, but to supersede the requisitions of law. It would be very different where such a bond was by mistake or otherwise voluntarily substituted by the parties for the statute bond, without any coercion or extortion by colour of office. ”

“ We confine ourselves in the application of the principle to the facts of the present case, leaving other cases to be disposed of as they may arise; and we hold that a voluntary bond taken by authority of the proper officers of the treasury department, to whom the disbursement of public moneys is entrusted, to secure the fidelity in official duties of a receiver or an agent for disbursery of public moneys, is a binding contract between him and his sureties, and the United States ”

“ The right to take such a bond is in our view an incident to the duties belonging to such a department; and the United States having a political capacity to take it, we see no objection to its validity in a moral or a legal view.
Having disposed of this question, which lies at the very threshold of the cause, and meets us upon the face of the second count in the declaration, it remains to consider whether any one of the pleas demurred to constitutes a good bar to the action. ”

“ And every person, before entering upon the duties of his office, shall give bond with two or more sufficient sureties, in the penalty of ten thousand dollars, conditioned faithfully to perform all the duties of purser in the navy of the United States, which said law was in full force and unrepealed on the 1st day of May in the said year, when the said obligation was so as aforesaid executed and delivered. ”

“ To adopt a different principle, would be to deny the ordinary rights of sovereignty, not merely to the general government, but even to the state governments within the proper sphere of their own powers, unless brought into operation by express legislation. ”

“ That sufficient facts are set forth in the pleas to justify a non-compliance with the terms prescribed in the condition.
1. At common law the bond is void. No bond is valid which is given to the king by an officer for the faithful performance of his duties as an officer. 5 Com. Dig. 219, 207. If the bond is made valid by the statute, it must be by its conformity to the requisitions of the statute. But this bond does not in any part of it purport to be a statutory bond. It does not recite that Deblois was a purser ”

“ When a law is passed authorising the appointment of an officer, or appropriating money to be disbursed under the direction of the president, are not the duties of the executive such as to impose upon him the appointment of agents to perform the trusts reposed in him ”

“ Regularly to account, when required, for all public moneys received by him from time to time, and for all public property committed to his care. 2. To account with such person or persons, officer or officers of the government, as shall be duly authorised to settle and adjust his accounts. 3. To pay over, as he may be directed, any sum or sums of money that may be found due to the United States, on any such settlement. 4. Faithfully to discharge, in every respect, the trust reposed in him. These are all the requisitions in the bond. ”

“ Without adverting to others, which are open to serious objections on account of the looseness and generality of their texture, we are of opinion that the fifth plea is a complete answer to the action. ”

“ The bond was required by the secretary of the navy, in the performance of his duty; and was voluntarily given by the parties to it. The cases which have been cited show that if parties submit to the requisition of a bond of this character, they are bound by it. ”