THIS case was brought up, by writ of error, from the Circuit Court of the United States for the District of Illinois.
It was an action of debt, brought by the United States in the Circuit Court, on an official bond against John S. Roberts, who had been postmaster at Springfield, Illinois, and James F. Reed and James Adams, his sureties.
The facts in the case were these.
On the 3d of March, 1825, Congress passed an act (4 Stat. at Large, 112), the thirty-second section of which enacted as follows, viz.:--
'That if any postmaster shall neglect to render his accounts for one month after the time, and in the form and manner, prescribed by law, and by the Postmaster-General's instructions conformable therewith, he shall forfeit double the value of the postages which shall have arisen at the same office in any equal portion of time, previous or subsequent thereto; or in case no account shall have been rendered at the time of trial of such case, then such sum as the court and jury shall estimate as equivalent thereto, to be recovered by the Postmaster-General, in an action of debt on the bond against the postmaster and his securities, and for which the securities shall be liable.' This was no new provision, being substantially a reenactment of the thirtieth section of the Post-Office Act of 1810. 2 Statutes at Large, 602.
In 1836 Congress passed another act (5 Stat. at Large, 81), the ninth section of which gave to the Postmaster-General authority to prescribe regulations for the proper enforcement of the duties of postmasters.
Under this authority, Amos Kendall, then Postmaster-General, issued the following circular.
Post-Office Department, April 13, 1838.
'To
Postmaster at Springfield, Ill.
'Sir,-You are required, within two days after the close of each quarter, to forward your quarterly accounts to this Department; or, if there be no mail from your office within that time, then by the next mail. The quarters end on the 31st March, 30th June, 30th September, and 31st December.
'By having your accounts of mails sent, and mails received, copied beforehand, up to the last day, you can finish the copies, make the calculations, and have them ready to be forwarded, in a few hours.
'As you have no right to use or credit out the money which belongs to the United States, it is required that you have the balance due at the end of each quarter ready to be paid on demand.
'The contractor named at the foot of this letter, who carries the mail on the route there stated, on which your office is situated, is authorized to demand and receive of you, either in person or by his agent, at the end of each quarter, so long as he shall actually carry the mail on said route, or until you shall be otherwise directed, the whole amount due from you to the United States, including the quarter then just terminated, as shown in your account current.
'Blank forms of orders and receipts (specimens of which, filled up, are hereto annexed) will be sent, for every collection, to the contractor. These forms, and no others, must be used in your payments to contractors. If the contractor call on you in person for the money, the orders will not be necessary, and you will take from him two receipts in the form prescribed, one of which you will keep, and send the other by the next mail to the Auditor for the Post-Office Department. If any other person call for the money as agent, he must produce to you two orders in the prescribed form, signed by the contractor, with the blank receipts annexed; and after you have paid him, he will fill up and sign both receipts, and leave both orders and both receipts with you; one of each you will forthwith send to the Auditor for the Post-Office Department, and retain the other.
'These claims and orders cannot be sold, negotiated, or transferred, and no credit will be allowed you for any payment to any other person than the contractor, or the persons named in his orders; nor in the latter case will credit be allowed, unless the order accompany the receipt; nor unless the receipt be dated on the day when the money is paid.
'When demand is made of you as herein prescribed, it is expected that you will make instant payment, and the contractor is instructed to report forthwith to the Department every refusal or failure on your part.
'Very respectfully, your obedient servant,
'AMOS KENDALL.
'Pay to Robert Allen,
Contractor on route No. 2,701.
'You will take care to write or stamp the name of your office on the outside of the packet containing your quarterly returns for each quarter.