by John Marshall

“ The Act of Congress for regulating the post-office establishment, does not, in terms, discharge the obligors from the direct claim of the United States on them, on the failure of the Postmaster-General to commence a suit against the defaulter, within the time it prescribes. Their liability therefore continues. They remain the debtors of the United States. ”

“ This is certainly a very strong case. These two cases seem to fix the principle, that the laches of the officers of the government, however gross, do not of themselves discharge the sureties in an official bond, from the obligation it creates; as firmly as the decisions of this Court can fix it. ”

“ The Circuit Court instructed the jury, that the defendant, the surety, was not chargeable for any failure of the paymaster to account for such additional funds, so placed in his hands after his said default and neglect in respect of the funds previously received were known; and a verdict was found for the defendant. The judgment on this verdict, was also brought before the Court by a writ of error, and was reversed.
The counsel for the defendant contended, that this case differed from the United States vs. Kirkpatrick and others ”