by John Marshall Harlan

“ It was admitted that there was no statute of the United States expressly empowering a justice of the peace to administer the oath taken by Bailey. But the authority of that officer was sustained upon the ground that the secretary of the treasury had previously, and as incident to his duty and authority under an act of congress, established a regulation permitting affidavits in support of claims against the United States to be made before justices of the peace. ”

“ It is fundamental in the law of criminal procedure that an oath before one who has no legal authority to administer oaths of a public nature, or before one who, although authorized to administer some kind of oaths, but not the one which is brought in question, cannot amount to perjury at common law, or subject the party taking it to prosecution for the statutory offense of willfully false swearing. ”

“ Counsel for the United States further insists that a proper construction of section 1778 will authorize a notary public in any state to administer oaths to officers of national banking associations, when making reports to the comptroller of the currency, if justices of the peace may lawfully do so in this district. ”