Stewart v. United States
58 U.S. 116 (1854)

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U.S. Supreme Court

Stewart v. United States, 58 U.S. 17 How. 116 116 (1854)

Stewart v. United States

8 U.S. (17 How.) 116

Syllabus

Congress have directed by law that in certain cases the duties of collectors of the revenue should be united with those of naval officer or surveyor of the port, but never with those of inspector of the customs.

Therefore, where a person held the two offices of collector of the revenue and inspector of the customs, and charged a salary for each office separately, it was irregular.

In May, 1822, Congress passed an act, 3 Stat. 693, directing that

"No collector, surveyor, or naval officer, shall ever receive more than $400 annually, exclusive of his compensation as collector, surveyor, or naval officer, and the fines and forfeitures allowed by law for any services he may perform for the United States in any other office or capacity."

This act was intended to provide compensation to the collector &c., for extraordinary services incident to their respective offices, and to them only; but did not include the union of the two offices of collector and inspector of the customs. A different mode and rate of compensation for inspectors was provided by law.

There was an agreed statement of facts in the record, which is transcribed in the opinion of the Court, and therefore it is unnecessary to recite it here.

Stewart was sued in 1835, and voluntarily appeared. From

Page 58 U. S. 117

that time to 1850, the cause was regularly continued upon the docket. Under the instructions of the court, the jury found a verdict for the plaintiffs, for $638.81, with interest from the 13th of January, 1833.

Stewart brought the case up to this Court by writ of error.

Page 58 U. S. 124

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