Smith Thompson

“ The acts of Mr. Southard cannot be considered as the acts of the board; nor can those acts be proved by parol evidence, in opposition to the written proceedings of the board. All he did, must be considered subject to a ratification by the board; and void, unless so ratified. In this case, his acts were disaffirmed by the board, in 1829, when the board acted in reference to them.
Nor could the board settle the defendant's accounts; they must be settled by the accounting officers of the treasury, in the ordinary way of settling accounts. ”

“ As to the instructions given by the circuit court on the second prayer of the plaintiffs in error, it was argued, that they were in conformity to the law upon the evidence of the usage of the government in its different departments. This general construction of the acts of congress, and these harmonious views of the rights of those who performed extra services, should have due consideration. ”

“ The United States, on the 23d day of May 1829, instituted a suit in the circuit court of the district of Columbia, for the recovery of the sum of $2007.84, to which amount the declaration alleged the defendant in error, Thomas Fillebrown, Jr., to be indebted to the United States, 'for sundry matters and articles properly chargeable in account, as stated in a particular account, &c.' The declaration also contained the common counts of goods sold and delivered, money laid out and expended, money had and received, and an account stated and settled, &c. ”

“ In reply to the argument for the defendant in error, the attorney-general admitted, that the commissioners might appoint and employ agents to execute the duties attending the operations they were authorized to have conducted and executed; but such agents, he considered, must be appointed by the board. If a contract is made by an officer, it must be made under the authority of some law; and by the law, all authority was given to the board. The defendant might have been employed to perform extra services for the board of commissioners ”

“ Dandridge, 12 Wheat. 69, this court says, 'we do not admit as a general proposition, that the acts of a corporation are invalid, merely from an omission to have them reduced to writing, unless the statute creating it makes such writing indispensable as evidence, or to give them an obligatory force ”