William Johnson

“ The government of the United States have always acted on these principles. Where acts of congress have directed bonds to be given, without saying to whom, they are taken to the United States. If the United States may take a bond, it must be directed by the executive. ”

“ The surveyor of the public lands for the states of Illinois and Missouri, and territory of Arkansas, was not by law a disbursing officer; consequently the breach assigned is not within the condition of the bond. Not one of the several acts of congress, defining the powers and duties of this officer, make it his duty to receive or disburse money; his salary and fees are fixed by law; he is no where authorized to receive or pay out money; he receives no commission for any such service, nor is he authorized or required to do any act rendering it necessary that he should disburse money ”

“ A contrary principle is pregnant with injustice as to the sureties: no notice is given to them of the settlement of the account, and they will be subjected to charges which they had no opportunity to repel or disporve. They cannot make the affidavit which the law demands to enable them to resist, on the trial, the claims of the United States; or to maintain the right of their principal to credits which have been withheld by the treasury department. ”

“ It accords to the president, as a part of his constitutional power, a right to contract in the name and to pledge the faith of the nation in any manner, for any purpose, and to an indefinite extent in the absence of all law. To this extent is the power claimed. The authority to make one contract in the absence of law, can only be defended by the assertion of the general right to make any contract whatever. ”

“ A surveyor like Rector was not bound to give a bond with security. Land Laws, 698, 818. Acts of congress, passed 6th February 1806, 7th May 1822. He was a subordinate officer, and the law applies only to the surveyor general; and he only is required to give a bond: nor was it a part of the duty of this officer to disburse public money. It not being a part of the regular duties of this inferior officer to receive and pay the public funds, his sureties are not answerable for any violation of a trust illegally or without authority cast upon him. ”

“ Revenue officers, or officers accountable for public money, are those against whom the transcripts from the treasury are evidence. The provisions of the law do not apply to sureties; as to them, as they cannot be supposed to be cognizant of the accounts of their principal, there should be the usual mode of proof, and they should have all the means of defence which are known to the law. ”

“ The first arises on the form of the judgment, the jury having found for the plaintiffs below, on the breach assigned, assess the damages for breach of the condition at forty-one thousand dollars; and the judgment rendered is 'quod recuperet,' the damages, not the debt aforesaid. The parties, plaintiffs in error, are the sureties, and it is perfectly clear that as to them a judgment cannot be rendered beyond the penalty, to be discharged on payment of what is actually due; which of course can only be where it is a sum less than the penalty. ”

“ The power of this government to make contracts can only be exercised by an agent delegated for that purpose; though inherent, it remains dormant until it is called into action by law.
It has been contended that this portion of sovereignty has been delegated to the executive. ”