Nathan Clifford

“ Small sums called salary have always been allowed to collectors and to the surveyors of certain ports, but such allowances have uniformly been included in the basis of calculation as part of the receipts from fees, commissions, and allowances in computing the maximum compensation of the officers interested. ”

“ The maximum compensation of any other surveyor is $4500, and it is conceded by the department, and decided below in the case at bar, that surveyors performing the duties of collectors are to have at least $5000, which is $500 more than the surveyor of an enumerated port receives. ”

“ Such a collector cannot receive, under any circumstances, more than five thousand dollars, not even if the office earns a greater amount, and he may be obliged to accept much less in case the office does not earn three thousand dollars net from fees, commissions, and allowances, or in case the amount received from rent and storage falls short of two thousand dollars. ”

“ The act of 1822 applies to ports afterwards established as well as to those then existing. This is a rule of statutory construction almost universal. Statutes affecting 'men' operate as well upon those born after as upon those then living; as those affecting 'crimes' apply to crimes afterwards created; as a statute referring non-enumerated articles, for the duty payable upon them, to a duty laid upon like 'enumerated' articles, applies as well to enumerations in later statutes ”

“ Our construction of the acts in pari materia as to this subject, is recommended as leading to a result corresponding to that policy of Congress which has drawn a line between certain collectors, &c., and others. If there be such a policy, why should not a construction maintaining it as to surveyors doing collectors' duty be referred to one which disregards it? ”

“ The idea that upon the question of compensation there are but two classes of officers-those belonging to enumerated and those to non-enumerated ports-is a wrong one. Abundant legislation by Congress shows this. Repeated laws have given to different officers, collectors and surveyors, salaries, in addition to that which they would have received if this classification alone existed. [8]
There is nothing in United States v. ”