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committees were appointed on each square, to view
and report to a meeting to be convened hereafter, in
relation to the contemplated "Delaware Avenue." It
is respectfully suggested to Councils, that they post-pose.
pone any final decision in relation thereto, for the pre-

seat.

J. RIDGWAY, Chairman of the Meeting.
GEO. BLIGHT, Secretary.
Philadelphia, July 8, 1833.

Mr. Huston presented a petition from owners and Occupiers of property on Haines street, running from Delaware Sixth, westward to Nicholson street, and be tween Cherry and Race streets, praying that the said street may be paved.-Referred to Paving Committee, Mr. Smith presented the following remonstrance against the erection of a market house in High street,

which was referred to the Committee on Markets.
To the Select and Common Councils of the city of
Philadelphia.

pledged as security for the payment of a loan to Daniel Olmstead, from the Franklin Legacy may be released, he having other property to pledge, for the same purReferred to the Committee on Franklin and Scott's Legacies, and the City Solicitor, with power to

act.

Mr. Elliott presented a petition from owners of property on Schuylkill Sixth street, between Arch and Cherry streets, praying that said street may be paved. Referred to the Paving Committee.

Mr. Elliott presented a bill from Lydia R. Baily, for printing, executed under the orders of Councils, from Dec. 1, 1832, to May 16, 1833, amounting to $1290 92.

Referred to Committee on Accounts.

Mr. Gilder, chairman of Paving Committee, reported pipe from his chemical Laboratory in Pine street bean ordinance for permitting John Elliott to lay an iron tween Schuylkill Fourth and Fifth, to the Culvert, which was read a third time and passed. In the Select Council this ordinance was laid on the table.

Mr. Chandler offered a resolution directing the Building Committee of Girard College to prepare an account of the laying of the corner stone of the College, on the 4th instant, and publish 500 copies of the same, appended to the address of N. Biddle, Esq.

Mr. Lapsley chairman of the Market Committee, ofordinance for the erection of a market house in High street, between Eleventh and Thirteenth streets. This resolution was supported by Messrs. Lapsley, Gilder, Borie, and Morris, and opposed by Messrs. Huston, Merrick, and Byerly. It was subsequently amended by striking out the words "between Eleventh and Thirteenth streets," and inserting "west of Eighth street," in which shape the resolution was adopted.

The subscribers, owners of property, and residents or transacting business in Market street between 12th and 13th streets, beg leave to state, That they have learned with regret, that the committee on Markets have or are about to report an ordinance to erect a market house in Market street, between 12th and 13th streets. That being extensively engaged in the wes-fered a resolution, directing the committee to report an tern trade, consisting of heavy and bulky goods coming in wagons, and having their stores especially adapted to that business, the erection of a market house would effectually deprive them of the convenience they now have in pursuit of their usual occupations. That the continuance of the Pennsylvania Rail Road through the city from Vine to Cedar street along Broad street, will very probably induce business men in Market street, to take a branch down said street-the erection of the market house would render that impossible. That the market for the neighborhood is as well supplied with provisions of all kinds as it would be if the market house was built, the carts and wagons from the surrounding country, extending almost every Market day from Eighth to Juniper street, and even beyond Broad street. And lastly-That they believe your honorable bodies are restrained from the passing of such an ordinance by an act of the legislature regulating the building of Market houses from street to street, as may become necessary, passed March 23d, 1786-(Miller's digest p. 130.) The subscribers therefore respectfully and earnestly remonstrate against the erection of the proposed Market house, it being detrimental to their interests, and that of the city at large, and not in any degree required for the accommodation of the citizens of this and the contiguous neighborhood.

Mr. Gilder, chairman of the Building Committee, on the Girard College, made the following report:The committee appointed to take charge of the rard Lands out of the county of Philadelphia, to whom was referred the communication of Jacob Alter, relative to the purchase or division of thirteen tracts of land in Schuylkill county, one-fourth of which is claimed by him, report:

Mr. Chandler called up for consideration the ordinance, published in last proceedings-appropriating $2500 to the use of the Trustees of Girard College, which passed a third reading, and was finally adopted. Mr. Byerly called up for consideration an ordinance, published in last proceedings-for the alteration and regulation of Delaware Sixth, between Race and Vine streets, which was finally adopted.

Mr. Haines called up for consideration the report of the Watering Committee, in reference to the sale of certain city property to the Penn Township Rail Road Company, which was adopted. The following is the agreement:

This indenture, made this day of July, in the year of our Lord one thousand eight hundred and thirtythree, between the Mayor, Aldermen, and Citizens of Philadelphia, of the first part, and the Northern Li berties and Penn Township Rail Road Company, of the second part; witnesseth that the said party of the first part for and in consideration of the sum of one Gi-hundred and fifty dollars unto them paid by the said party of the second part, the receipt whereof is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents, do grant, bargain, sell and convey unto the said Northern Liberties and Penn Township Rail Road Company and their succes. sors, all that piece or parcel of land of triangular shape, situate in the District of Spring Garden, at the south west corner of Coates street and a street ageed to be laid out by the District of Spring Garden, by authority of a recent act of Assembly, along and on each side of the Columbia Rail Road, of the width of eighty feet, including said Rail Road, containing on each of said streets sixty feet, and bounded on the south by a circle drawn from points on each of said streets, at the distance of sixty feet from their intersection, at a radius of five hundred feet: To have and to hold the said pre mises to the said Northern Liberties and Penn Township Rail Road Company and their successors, to and for the use of the said company for ever, for the purpose of continuing and laying out their rail ways thereupon, leaving a footway on the south side thereof: Provided,

That as Mr. Girard has made no provision in his will for the improvement of the lands devised by him to the city out of the county of Philadelphia, there are no funds out of which the title of Mr. Alter can be purchased. And whereas, the principle value of those lands is contained in the bowels of the earth, and consists it is presumed in Anthracite Coal, it would be impossible to make a just and equitable division, the committee are of opinion that it would be improper for the City Councils to sanction by their authority any partition of those lands, they therefore offer the following:

Resolved, That the request of Jacob Alter, as contained in his communication of the 20th of June last, cannot be complied with.

Mr. Merrick presented a petition from Joseph Marshall, praying that certain property owned by him, and

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and it is hereby agreed between the parties aforesaid,
that if the said triangular piece of ground shall not be
required for the purpose aforesaid, within the time of
five years, or the said Rail Road should at any time
hereafter be abandoned, the same shall revert back, and
again become the property of the said party of the first
part upon re-payment of the purchase money aforesaid
to the said party of the second part: and provided also
that in laying out the track or tracks of said Rail Road,
a reservation shall be made as aforesaid, on said trian-
gular piece or parcel of land, for a footway, to be of the
width of at least ten feet between said Rail Road track
or tracks, and the city property south of said piece or
parcel of land of a triangular shape as herein described,
and in accordance with the plan herewith annexed.

In witness of all which, the words "within the time
of five years" being first interlined, the public or cor-
porate seal of the party of the first part has been hereto
affixed, by the Mayor of the city of Philadelphia, by
direction of the Select and Common Councils of the
said city, and the public seal of the party of the second
party has been affixed by the President of the Northern
Liberties and Penn Township Rail Road Company, the
day and year first above.written.
day of

Received the
A. D. 1833, of the
Northern Liberties and Penn Township Rail Road Com-
pany, by
the sum of one hundred and fifty dol-
lars, being the full amount of consideration money
above mentioned.

Mr. Maitland offered a resolution, directing the City
Commissioners to collect immediately, all arrearages
due from the tenants occupying Drawbridge Lot-which
was adopted.

The resolution of the Select Council, authorizing a deputation of Councils to visit the Girard and Bodinot Lands in Schuylkill county, was taken up and concurred in.

From the National Gazette.
PENNSYLVANIA.

ly encounter the canal of the Lehigh company, one of the most substantial and useful works of the kind in this or any country. The scenery is grand, romantic and varied, especially in the vicinity of the Blue Mountain, through which he will pass by a gap made for, or by the clear and beautiful Lehigh. Between Easton and the mountain, the riches of Pennsylvania agriculture are displayed in fields, as far as the eye can reach from successive eminences, loaded with every produc tion of the earth. The different colors of the various grains and grasses give a variety and richness to the picture that lies under the eye, that cannot be imagined by one who has seen nothing but brick houses and paved streets, or pine barrens and white sand.

From the hotel at Mauch Chunk, once very good, I do not know it this season, our traveller may ascend on a rail road, about nine miles, to the mines of the compa. ny-and the wonders of the coal region open upon him. I will not stop to describe them. The distance from Mauch Chunk to Pottsville is about thirty miles, twothirds of which may be passed on a rail road. At Pottsville, you are amidst the creations of magic; the natural magic of money, enterprise and skill. Canals are branching in various directions, connected, by numerous rail roads, with the hills, more or less distant, which contain the mineral wealth that is now distributed to several of our great cities, as well as to many parts of the country, and the demand for which is increasing so rapidly, that its extent cannot be foreseen. But, Pottsville! Where and what is this Pottsville? inquires one who declares that it is but five or six years since he visited the place called Pottsville, and there was no city or town, or even a humble village there. He remembers nothing but steep and rugged hills, with the Schuylkill gliding between them, silent and obscure. So it was at a period less distant than that mentioned. But Pottsville is now a large incorporated borough, beautiful in its position, and imposing in its appearance. Fine houses line a long and close-built street. Splendid hotels; extensive stores supplied with every article of luxury or use; and, better than all, an intelligent and polished population, astonish the stranger in Pottsville.

Very few of the inhabitants of Philadelphia know much about the State of which they are citizens. They see, around them, a beautiful, rich and flourishing city, and they are proud of it; they hear, occasionally, of the wealth and resources of Pennsylvania, and they are satisfied. When health or pleasure induces them to leave their homes, they betake themselves to swallow nauseous waters at Saratoga; or to bask on the unshaded sands of the sea-beach; or weary themselves, in body and spirit, by pacing, to and fro, in the long piazzas of fashionable watering places, without an object to attract or reward attention. They sit day after day in the same place, at the same table, to devour roasted pigs and rice puddings, which they would not touch at home, and are stewed, night after night, in close and warm closets, called bed chambers; or spread themselves on the tables or floor of the dining room Here a day may be well afforded to the examination ther health or pleasure be the object of these summer of the rail road constructing and nearly completed to excursions, a journey through the northern and western Girardsville, by Moncure Robinson, Esq. This is, proparts of this state is infinitely preferable to these fash-bably, the most remarkable victory of Science and Art ionable resorts. Comfort, plenty and cleanliness are over the difficulties of Nature that has been achieved in found in the unpretending taverns on the road, and our country,-the bed made for the road on the sides of every mile opens some scene of novelty and interest,— lofty and precipitous hills,-the manner in which it is some evidence of the industry, skill, enterprise and taken over some of them by inclined planes, and through wealth of the commonwealth. one of them bya long tunnel,and the precision with which every part of this great work has been planned and executed, excite our highest admiration of the genius, knowledge and skill of the distinguished gentleman under whose direction it has been formed.

This town has been mainly peopled from Philadel. phia, and you meet Philadelphia manners and Philadelphia faces every where. It appeared to me, however, that this supprising establishment has, in four or five years, accomplished the growth of twenty; and that no considerable increase can be expected for some years to come. There is town enough for all the apparent feeders or wants of its position for many years. Its inhabitants ought to be satisfied, if this should be the case, and they can retain the strength they now enjoy. A new settlement runs up to the measure of its resources very rapidly, and then, necessarily, grows more slowly, with the gradual development of its resources and means of increase, and what first growth, in this country, has equalled this?

Whe

Let the traveller who can feel and understand such manifestations of human power and happiness, take his course up the Delaware. Passing along the cultivated and quiet banks of the river, and always in the neighborhood of the Delaware canal, he will come to Easton; We leave Pottsville to its smiling fortunes and sana large and growing town, full of business, and exhi guine inhabitants, and continue our route to Pine biting the evidences of wealth, hardly exceeded by Grove, a pretty town which has been called up from any place in the United States of the same size and the depth of the wilderness, by coal and canals. A population. In journeying from Easton to Mauch Chunk, branch of the Union canal terminates here, and from it by the way of Bethlehem, if he pleases, although a rail road runs into the hills, where coal is found of an a few miles out of the direct road, he will frequent- excellent quality, and the work of excavation is already

VOL. XII.

10

begun, with fir prospects of success. Speculation, as usual, ran ahead of reason and reality in this place, and has injured it for the present; but it can hardly fail to recover and thrive. In journeying from Pine Grove to Lebanon, you will pass the Blue mountain, presenting scenes of wild and unimproved nature, altogether new to the inhabitants of a city. As you will not be in a hurry, the long ascent and descent will not annoy you, nor its rough scenery be wearisome. The road is perfectly safe, although not made for one of the trotters of a mile in three or four minutes. Arrived at Lebanon, you will have the refreshing comforts of a good inn at Mr. Oyler's, and find yourself in the very garden of the Agriculture of Pennsylvania. Whether you shall here take your course to Harrisburg, and return to the city by Lancaster; or go from Lebanon to Reading, and thence to Philadelphia, the man must be insensible to the best feelings of humanity, as well as to the honest pride of patriotism, who is not excited to a high state of enjoyment in surveying this splendid valley. A rich and untiring soil, cultivated with unceasing industry, throws out abundance at every pore, in all the variety of agricultural production Large and commodious houses of stone, placed in delightful situations, with ornamental trees and smiling gardens-stone barns of immense extent; pure water flowing from adjoining hills through verdant fields, or gushing from artificial fountains for convenient use, combine altogether the elements of substantial comfort and prosperous improvement that cannot be surpassed in any country.

of four years from the 24th of April, 1828. The letter of instructions given to Mr. Armstrong from the Navy Department, is dated on the 16th January, 1829. By the act of Congress passed on the 15th May, 1820, it was enacted that Navy Agents, with other officers mentioned in the act, shall be appointed for the term of four years, but shall be removable from office at pleasure." In April, 1830, the President revoked the commission or appointment of the complainant, but the notice of the revocation contained in a letter from the Secretary of the Navy of that date, did not reach the complainant until the October following. He continued to reside at Lima until January, 1832, when he left it to return to the United States, going first to Valparaiso, from which port he sailed in March. On complainants settlement of his accounts with the government in July, 1832, a balance was struck against him of $12,948 63, which, by a subsequent small credit, was reduced in August to the sum of $12,875 44, now claimed by the United States. On the other hand, the complainant has presented an account, or claims for credits against the United States, which, if allowed him, will not only absorb the whole demand upon him, but will turn a balance in his favor to the amount of $4681 74.

The United States to enforce the payment of the amount they allege to be due to them from the com plainant, proceeding under the directions of an act of Congress passed on the 15th day of May, 1820, have issued a warrant of distressed against the alleged delinquent officer and his sureties, directed to the marshal By spending a few days at each of the places I have of this district, in which the said officer and his sureties mentioned, or by extending the tour to the Susquehan-reside, which warrant has been executed by the said na, a month or six weeks of the summer might be delightfully and profitably disposed of;-our citizens would return with a valuable and interesting addition to their stock of information, and with the full and certain knowledge, that if Philadelphia is a great city, she is but a part of a great state, in all respects worthy of her. She is the head of a body of surpassing beauty and strength. Nor should I omit to mention the uniform and obliging civility of the people of the state, especially the German population. Whether you accost them on the high road or in the streets of a town,-in a private or public house, you are answered and attended to with a plain and simple politeness, which indicates a kind temper and the best dispositions. May I add a political to this moral reflection. You will every where find yourselves among a people devotedly, immovably, unanimously attached to the Constitution and institutions of our country, and who cannot be drawn from them by the arts of interested demagogues, or complaints of imaginary grievances. They cannot be persuaded that they are ruined, with the evidences of prosperity all around them; nor that they are slaves, when they feel no restraint but from the laws of their own making. With a state they may be justly proud of, their state pride would not exalt itself on the ruins of our great republic, or weaken a tie that binds our glorious, happy, and envied Union together.

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marshal according to the provisions of the said act. By the fourth section of this act, "if any person should consider himself aggrieved by any warrant issued under this act, he may prefer a bill of complaint to any District Judge of the United States, setting forth therein the nature and extent of the injury of which he complains; and thereupon the Judge aforesaid may, if he is of opi nion the case requires it, grant an injunction to stay proceedings in such warrant altogether, or for so much thereof as the nature of the case requires." Under this provision the complainant filed his Bill of complaint, whereupon he having complied with the requisitions of the act, an injunction was issued to stay proceedings on the warrant of distress. The District Attorney has filed a full answer to all the matters complained of in the bill; and the cause has been heard on this bill and answer, with the vouchers and other evidence produced by the parties respectively. The complainant complains of the rejection or refusal of certain credits in the settlement of his accounts with the government, to which he alleges he is entitled in law or equity; and the District Attorney denies altogether his right in law or equi ty, to any of the allowances he claims, and prays that the injunction may be dissolved, so that the marshal of this district may proceed under his warrant of distress to levy and collect the said sum of $12,875 44, remaining due from the complainant to the United States. It is now to be decided, so far as this court may decide it, whether the said injunction shall be continued altogether. or dissolved altogether, or in part; and if the latter, States be permitted to pursue under their warrant of for what amount it shall be dissolved, and the United distress against the complainant and his sureties. To determine this question, it is necessary to examine every item of credit claimed by the Bill and denied by the

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ed that a Navy Agent of the United States, whether he which shall be established by law. In conformity with reside abroad or at home, is entitled to no more than this provision of the constitution, Congress have esta one per cent on his disbursements of monies, by the ex-blished by law, the office of Navy Agents, and the Prepress enactment of the act of Congress of 3d March,sident with the Senate, has appointed the officer Prior 1809. On the other hand, the complainant avers, that to this law, the purchase of supplies and the disbursehe was not appointed under that act, and is not subject ments of monies for the use of the Navy were made di. to its provisions, nor bound by its restrictions; but is rectly or indirectly, by the Secretary or by his agents. entitled to a compensation for his services according to The state of the Navy did not require a distinct office their nature and extent, and the usual mercantile com- and officers for these purposes. Those duties or sermissions for similar services, at the same place, which vices were performed by persons named for the oc were five per cent. The real question on this part of casion by the Secretary, and as I have said, were his the case is whether the complainant was appointed agents-his arms and not officers of government. They a Navy Agent under, and subject to the act of Congress were neither appointed or removable by the President, of March, 1809, or not-for if he were so, that act after any more than a clerk in the department. Their agency declaring the manner in which Agents shall be ap- began and ended with the pleasure of the Secretary, or poined for the disbursements of monies for the use of with the particular service for which they were employthe Navy of the United States, authorizes the President ed. As our naval establishment was extended, and these to fix the number and compensations of such agents, services became numerous and important; as the ope"provided that the compensation allowed to either, rations of these agents became of great magnitude, shall not exceed one per centum on the public monies involving the expenditure of vast sums of money, it was disbursed by him.” If then, the complainant was a wisely thought they should no longer be entrusted to Navy Agent described by the said act; if he received the agents of a department, irresponsible in some dehis appointment and authority under, and by virtue of gree directly to the government, and without any seit, he must be bound by all its provisions. The argu-curity beyond their own responsibility, for the faithful ment on this item has therefore been directed to this performance of their trust. The patronage, too, may question. The attorney for the United States has con- well have been thought to be of a too high character tended, that the complainant was an officer of the and value to be allotted to a department. The law of United States, not the agent of a department; that he 1809, was intended to put the concerns under a better was a Navy Agent of, and for the United States, ap-regulation. The third section enacts That exclusively pointed as such, by the President and Senate, by virtue of the purveyor of public supplies, paymasters of the of the act of Congress referred to; that previous to that army, pursers of the navy, military agents and other act, no appointments or commissions of such agents were officers already authorized by law, no other permanent ever given by the President, or by the President and agents shall be appointed either for the purpose of makSenate as then was done, and as this act directs. That ing contracts, or for the purchase of supplies, or for previous thereto, persons had been, from time to time, the disbursement in any other manner of monies for the appointed by the Secretary of the Navy at his pleasure, use of the military establishment, or of the Navy of the to perform certain prescribed duties for his department, United States, but such as shall be appointed by the under such contracts and arrangements as he may choose President of the United States, with the advice and to make with them, but that the appointment of the consent of the Senate." It is then enacted, that the complainant was clearly not of this description; but President may fix the number and compensation of was made, or could have been made, only under the act such agents-but with a limitation as to the latterof 1809. The counsel for the complainant deny that he "provided that the compensation allowed to either was an officer of the United States at all; they deny shall not exceed one per centum on the public mothat he was appointed to the service he performed un-nies disbursed by him." The fourth section requires der the authority of the act in question; but that his a bond from the agent, with one or more sufficient services were performed for the Navy Department, in the sureties for the faithful discharge of the trust reposed same manner, by the same authority, and with the same in him." All this appears to me to be very intelligible-rights of compensation with the agents which had been we see no intimation of the distinction, essentially and appointed by the Secretary of the Navy, at other places. necessarially relied upon by the counsel and the comThe cases of, and allowances made to Messrs Hogan, plainant, between foreign and domestic agents, in the M'Call, and others, have been much insisted on, as form- mode of appointment, the tenure and permanency of ing precedents for this-and the distinction relied upon their offices, or the terms on which they may receive between such agencies as are, and such as are not, with them. The construction contended for, taking the in the regulations of the law of 1809, is that they are to foreign agents altogether out of the act, would not only be applied only to those Navy Agents whose duties are deprive the President and Senate of the appointment, to be performed in the United States, and not to those but dispense in their case with the security to be given who must reside in a foreign port. for the faithful discharge of the trust reposed in them, After giving a close and careful attention to the ar- as well as of the limitation of their compensation to one guments and illustrations of the counsel for the com- per centum on their disbursements. As regards the plainants, I cannot follow them to their conclusion. It bond of security it would seem to me, to be infinitely appears to me to be entirely clear that the appointment of more necessary in the case of a foreign than a home the complainant as a Navy Agent at Lima, was an offi- agent, who is always under the eye and control of gocer of the United States, and not a mere limb of the vernment, whereas the other carries on his operations in Navy Department; that he was an officer of the United a distant country, and might be guilty of the grossest States, deriving his authority from the constitutional irregularities and frauds for a long time before they appointing power, the President and the Senate; that would be known: and when known the delinquent their power to appoint Navy Agents, was derived from would be out of the reach of the government, with all the act of Congress which created or established the his spoil. It has not been pretended that domestic office. Previous to the passage of the law in 1809, agents are not subject to the provisions of this law, for there were no such officers, either at home or abroad, this would be to repeal it wholly as to all Navy Agents; properly so called, under the constitution of the United and I think it has not, and cannot be shown, that any disStates. The constitution gives the power to the Presi- tinction is made by the law, or by the reason and design dent to nominate, and by and with the advice and con- of the law, between the agents appointed for foreign sent of the Senate, to appoint ambassadors, other pub-or home stations. They are equally within or without lic ministers and consuls, Judges of the Supreme Court, the law: they are both clearly within it in their appointand all other officers of the United States, whose ap. ment, their responsibilities, and their compensation. pointments are not herein otherwise provided for, and It has been argued with great earnestnes, that this act

special contract in his pocket, but with his commission as the only evidence of his appointment; the only source of his authority. The commission was given to him under the law of 1809—it could have been given to him under no other legal authority; and he took it as an appointment under the law, and subject to all its provi sions.. I am of opinion that he is entitled to no more than one per centum on the monies disbursed by him for the use of the Navy of the United States; and of course, that he cannot be allowed the credit which he now claims of an additional four per cent. amounting to the sum of $5,755 86. The one per cent he has already received a credit for.

relates only to permanent agents, and that a Navy Agent abroad is not a permanent agent, for it is removable at the pleasure of the executive. And in fact, in this case, a removal was made in fifteen months, whereas the foreign agents appointed before the passage of this law, continued undisturbed for many years. The first difficulty this argument has to encounter is, that it applies with the same force to the agents at home, who hold their offices in the same way, and may be removed by the same power that acts upon the agent abroad; and thus the distinction so carefully set up between foreign and domestic agent, is overthrown. What is the meaning of a permanent agent as understood in the law? Certainly it does not designate the place of residence as affecting I have said nothing of the alleged conversation bethe description. Can we say that the complainant was tween the complainant and Mr. Hay, a clerk of the nanot a permanent agent, because he was removable, or vy department. Our knowledge of it, and of the time because he was actually removed by the President? occurred, is by no means satisfactory; but no such condoes the legal character or description of the appoint-versation, nor any opinion nor representation of Mr. ment depend upon the exercise of the right of the Pre- Hay, or any other officer of the government, could have sident over the officer. This is clearly not the mean- any effect on the provisions of the act of Congress. If the ing of the law, as is apparent from the act of 15th May, complainant can show that he accepted his commission 1820, which enacts that "Navy Agents" with other in consequence of the representations of Mr. Hay, be enumerated officers, "shall be appointed for the term may have a case for the equity of Congress, but we are of four years, but shall be removable from office at bound to obey the law. pleasure." The Navy Agents here referred are cer The next credit claimed by the defendant, and which tainly those which are appointed under the law of 1809, has been rejected by the accounting officer of the Trea by the description of "permanent agents"-the phrase sury, is a charge of commissions on the destribution of then, "permanent agents," are those agents which shall stores, amounting to 616 23. There is another claim be appointed by the President, with the advice and on same account of $427 76. They will be considered consent of the Senate, in contradistinction to those per- together. The act of 1809, which creates the office of sons who had been, or should be appointed by the Sec- Navy Agent, bas also fixed his compensation wholly or in -retary of the Navy, on some special occasion or service, part. We must recur to it for the decision of the quesin his discretion and on such terms as he, on his official tion on the distribution of stores; obeying the direc responsibility, should chose to arrange and make with tions of the law where they are clear and explicit, and the person so appointed by him. The officer who takes giving it a fair and reasonable construction where it is his appointment from the President and Senate, under not so. It enacts that the president may fix the number the constitution and laws of the United States, testified and compensation for such agents, provided, that the by his commission, which makes him independent of compensation to either shall not exceed one per centum the Secretary, and removable only in the manner and on the public monies disbursed by him. There is in my by the power given by the constitution and the law, mind something equivocal in this form of expression, may well be considered, legally, to be a permanent officer Does it mean that the whole compensation of the agent or agent of the United States. When the law declares for all his services shall not exceed one per cent. on the that no permanent agent shall be appointed but by the monies he shall disburse, or that the compensation for, President and Senate, it in effect declares that the or on account of his disbursements of monies, shall not agent who is so appointed, is within the meaning of the exceed that rate? Perhaps the more strict and the more law, a permanent agent. The district attorney is a obvious construction of the words, as they stand in the permanent officer of the government, although remova- law, would be that the whole compensation for all the ble at pleasure and commissioned just as a Navy Agent, services of the agent shall be one per cent. on the mo in contradistinction to a special or temporary attorney nies disbursed by him. But it is not explicitly so said, who may be employed for a particular case or service. and if we are permitted to resort to construction, as in The cases of Messrs. Hogan and M'Call, have been a doubtful clause it does not appear to be the most lifrequently urged upon the court in the argument. beral interpretation of it. What is the difference in It might be enough to answer that they clearly were labour or responsibility between the distributing stores not appointed under the law of 1809, but made their and disbursing money for the use of the navy, unless contracts with the Secretary of the Navy, for the services we should say that first is the more laborious and trou they undertook to perform. They were not officers of blesome of the two. They are distinct services in eve the United States; they were not appointed as such offi ry respect, and why should they be confounded in their cers must be, they did not derive their agencies, such compensation? If we look to the practice under contracts as they were, from the President and Senate, nor were made by the secretary with his agents, these subjects of they appointed under the authority of the act of Con- service here have been kept separate, and a commisgress. Contracts were made with them by the Secreta- sion charged and allowed for each. I must be underry of the Navy, under a discretionary power exercised stood to comprehend in this view, only such stores as by him. It is true that abuses may be practised in this were sent out by the Government to the Agent to be way, but they are not to be presumed. It is true that distributed by him to the Navy, and not those which under the pretence of making a special agent, under have been purchased by him, and for which he has al special contract, a Navy Agent may be placed in a fo- ready received his compensation in a charge of commisreign port by the Secretary, with any rate of compensa- sion on the monies disbursed for the payment. The tion he may agree to, and without the securities requir- charge now made by the complainant is understood to ed by the law from the Navy Agents, for the faithful be only for the stores furnished by the Government. If discharge of their trust, and such an agency may be we adopt the more rigorous construction of the law, continued for many years, as they have been, perform-and allow to the Agent nothing but his commissions on ing all the duties of a permanent Navy Agent, and no more. Such cases might be an evasion of the provisions of the law by the Secretary; but they are always under the control of the President, who by appointing a permanent agent, would supersede the special agency. The complainant in this case went abroad, not with such

the disbursement of money for all his services, a case of manifest injustice might occur. The location of agent might be such that it would be more convenient or economical for government to send him every thing, or nearly so that could be there wanted for the use of the navy; and he would have little or no money to disburse,

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