Noah Haynes Swayne

“ The court responded: 'If this is a contract, entered into by competent parties and for a lawful purpose, not prohibited by law, and is founded upon a sufficient consideration, it is a valid contract at common law.' 'A mortgage, or any other approved security voluntarily given, would no doubt be valid.'
These cases are conclusive of the question before us. Their authority has not been shaken by any later adjudication; we think they rest upon the soundest principles, and are in accordance with a wise and salutary policy. We feel no disposition to re-examine the propositions they affirm. ”

“ The United States v. Linn, [10] was an action against a receiver of public moneys and his sureties. The statute in that case required that the receiver should 'give bond, with approved security, in the sum of ten thousand dollars, for the faithful discharge of his trust.' The instrument given was without seal, and was, therefore, not the security required by the statute. The counsel for the defendants insisted that the instrument was void for the reasons, among others, that it was not the form of security required by the statute ”

“ If it were, a statute requiring it-declaring that the party SHALL give it, and visiting him with a loss of his license if he does not-would be useless. A bond may be exacted or extorted by influences, having nothing in them of duress of person. When the law speaks it compels, it forces. The collector presents his bond ready drawn. He is particularly bound to know what sort of security the government requires. The distiller can rarely know. ”

“ Tingey, cited on the other side, to show it good, to be void; the nullity of the bond being in truth, the only point adjudged in the case, and the various remarks relied on by the other side, about the difference between such a bond and voluntary bonds being mere dicta of Story, J., extra-judicial, and irrelative, and from the purpose of the judgment which declared the bond bad.
That a bond was required, or exacted, or extorted, is certain. The distiller had to give it or give up his vocation. He 'shall' give it, is the language of the act of Congress, before he gets his license. ”