1. Because the plaintiff in error acted under and by virtue of the statutory laws of the United States. Constitution U.S., art. 1, sect. 8; Circular of the P. M. Gen. 1845; 3 Laws United States by Story, 1990.
2. Because, if the action complained of was a violation of duty, the right it violated never existed at common law, nor by virtue of State Constitutions or laws. 2 Hildreth's History U.S., 181; 9 Anne, c. 9; 15 Encyclopaedia Britannica, 424; 2 Hildreth's History U.S., 327; 9th art. of the Confederation; 4 Elliot's Deb., 354, 355; 3 Story Com., § 1124; 3 Story Laws U.S., 2066, § 3.
3. Because the state courts possess no jurisdiction, but such as they derived from the common law, and under their own state constitution and laws. Constitution U.S., art. 3, § 1; Martin v. Hunter, 1 Wheat., 330, United States v. Lathrop, 17 Johns. (N. Y.), 8; 3 Story Com., § 1749.
4. Because such jurisdiction would not only be a usurpation of authority, but opposed to the policy of the general government. McCullock v. The State of Maryland, 4 Wheat., 316; Federalist, No. 80; Sturges v. Crowninshield, 4 Wheat., 122; Montesquieu, Esprit des Lois, liv. 11, c. 61; 1 Toullier, Droit Civil, c. 9, § 122. It would enable courts to adjudicate where the legislative authority could not act. United States v. Bevans, 3 Wheat., 336; United States v. Cornell, 2 Mason, 60; 3 Story's Com., § 1752; Wayman v. Southard, 10 Wheat., 13.
5. Jurisdiction is not acquired by state courts, by reason of those courts having jurisdiction in the kind of action in which the suit is brought, if the remedy depends upon a statute law peculiar to the United States general government. 17 Johns. (N. Y.), 4; Gelston v. Hoyt, 3 Wheat., 246, United States v. Cornell, 2 Mason, 63; Slocum v. Mayberry, 2 Wheat., 1; Osborn v. Bank of the United States, 9 Id., 747.
6. Because the postmaster is alone subject to the control of the power which created him its instrument. McCluny v. Silliman, 6 Wheat., 598.
Finally. Because the authority of the general government would not be supreme, if the courts of every state could vary and regulate its officers in the performance of their duties. Cohens v. Virginia, 6 Wheat., 264; Federalist, No. 80.
II. The plaintiff in error, was an officer of the government, and required by law to exercise his judgment in the performance of the duty the law imposed upon him in fixing the amount of postage on the paper for which this action was brought.
Officers required by law to exercise their judgment are not answerable for mistakes of law, or mere errors of judgment. Drewe v. Colton, 1 East, 563 in note; Seaman v. Patten, 2 Cai. (N. Y.), 312; Jenkins v. Waldron, 11 Johns. (N. Y.), 114; Weaver v. Devendorf, 3 Den. (N. Y.), 117; Kendall v. Stokes, 3 How., 97; 2 Op. Att. Gen., 1018.
Mr. Seward, for defendant in error, made the following points:
I. The justice had jurisdiction. Wilson v. Mackenzie, 7 Hill. (N. Y.), 95. See also case, Opinion of Justice Gridley, 43-46; Bruen v. Ogden, 6 Halst. (N. J.), 370, 377, 379, 381; Story on Agency, §§ 319, 319 a, 319 b, 320, 321, 322; Cowp., 754; 1 Kent Com., 386.
II. The only question in the case upon the merits was one of fact; and the jury having found for the plaintiff in the court below, the court will not disturb the verdict. 18 Wend. (N. Y.), 141; 1 Hill (N. Y.), 61; 2 Johns. (N. Y.), 378; 3 Id., 435-439. See also Opinion of Justice Gridley in the case, 46, 53. See also the Opinion of Wright, judge, in the Court of Appeals, on the decision of this case, Teal v. Felton, 1 N. Y., 537-549, and the authorities cited by the judge.
Mr. Justice WAYNE delivered the opinion of the court.