The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1824-04-01

Tic have little interest IN Knowing soms.
thing about the acts aud cases which make
this usage. And until Mr.. Crawford ,hsws
that his predecessors have adop'ed Q course
similar TO the one BY him adopted, i shall
take II for granted hat he is not supported By
precedent, and when no does this, shall con.
tend that he, as TO the appointments in ques.
tion, has misconcsiSed ms powers, aud mi,ts.
ken the low.
One of his predecessors, know, Mr.. Gal
latin, declared tbst the Inspector. &c. held
their Offices at tho will Of the Collector, snd
tho lew which empowers The Collector 10 em.
ploy, or 10 other words to appoint, for they
ell have warrants, and this too BY estsblished
ussge, with the appreciation of the p lDcipsl
officer OF the Treasury Department. gives
him the right to displsce, OF sii, such off
core as he thinks proper end 10 cases Of nc W
appointments the Secretary has . right 10
know that tho persona sppoipted are proper
persons fov the nfhce', belo'e he ss,ifi;s the
appointment In cases Of deaths, .eslgos-
tion or re fnovsis Of Collectors, oil holding sp
poin' ments under them, cease as officers Of
the customs to exist, and the si,ention OF the
uew Collector Is not NECESSARILY directed 10
them. lie can appoint the whole Of his ofi
GERS anew, or select them from The ci,izeDs
at ls'ge. I now subjsin decision OF Judge
S,o'y. N point, from the I'd Galisons' Re.
por,s, page SOL, which will shew in the 6rst
place, shat those who held their Offices under
William Eiiery ceased to exist, o. such, when
he died, sod that sil Inspectors, Gsugers, &c.
hold their offices st the will Of the Collector,
sDd 10 conformity with the decisioo OF Mr.
Ca,lstiu mode many yests since.
MAY TERM, 1915 United States, vs..
Wood. -" lnd,ciment tor 'esisiing one Lows,
an Inspector Of The Customs, in the execu.
ton Of Tho duties Of his office, founded on the
r." see'ion Of tho act Of March 2, 1899, cb.
1873, U. S. L ssI.
"a, The ,ris. 1t sppested that Lewis was
duty appointed an Inspector Of iba Custom.
BY the late Collector Of Boston, since whose
re,igns,ion be had been resppointed TO the
same office, by tho present Collector, but the
alleged resis,onco took place sfjer the resig-
nation OF the forrer Collector, and before the
rosppointmen, OF Lewis, he having continue 4
TO set IS Inspector, under his old commits.
SUn." The question reserved st the uial
was, whether Lewis was, under the eitcum.
sfsnces an Inspector, sgainH whoui the Of
fence could be com mu,ed"
StoryJ. The 2lH sect. OF the Act ef
No'ch q, 1899, l2s, provides, that tho Col.
lectors OF tho Customs shall, wih The sppro.
baton OF the principe, ofli:er Of the TreA-u'y
Department. employ proper petsnns, ss
Weigher,, Gauges, Menurers and In.psc,
tors, OF he several ports within their districts.
The officers appointed hy the Collectors On.
der This section, Fold their Offices Joring hs
Pleasure and cs,se TO be such upon his dsath
remopaI or resignafieH, unless The law hss en-
sb,aJ hiu, 10 give more PEI IN ancDcy 10 thsir
'mces. lnrespect TO certsR officers the Il VI
has provided for the execution OF their duiis .
after tk7i' p incipal is on, of Office. Such,
IN case OF the death Of The Collector, il ii Q
authority vested ~ the 92d section Of the
Act. In his Dchufy. No such provision ex-
lists in respect to Inspectors They depend
Tor their employment, upon The good vvia Of
each sOccessive Collector, add in prsctics i,
has always been understood, that unless sp.
pointed, or 10 tho lsngosge OF The statute em.
ployed BY the Co'les,or setusl'y in effice, they
ere no longer officers OF uhe Customs.
The Indictment The, ,efo's cannot be sue.
taioed and the Drfsndan, 10 entitled 10 Judg
meni."
Davis J, eoocurred. g. Blake for the y.
nj ed Sis,es, and J. L. Austin Tor the Defen.
dant. I u. S l.. 3l2.
We have now tho decision OF o Judge Of
tho Sup erne Court, 6,I in bis knowied dye Of
Commercial and Constitutional law, upon the
bench Of that Cnu I, upon the vety points in
controversy, and by which ON conrpls,ey
fortified 10 the positions have taken. Here
theo wo have Judge Soy on the one hand,
md Mr.. Crswtotd acting 10 o minisstriai CO.
paciIy, surrounded with the "rscords with
which the Tyeasv y sbouud,," and winch we
have never seen, on the other. Judge 20.
II Jodse Story be right, 10 his legal opioion
and decision, wha, &c lhs consequences which
follow that neither Coggeshs,l, nor Ysomsns,
has power 10 sct-that thete is no Wsighe,
o. Gsager authorized 10 act, sod thar oil the
sets OF Cosge,hsIl and Yeomsns, since the
death Of Mr.. William Ellsry, have been lille.
gal, and that no indictment would lie, ubder
the Statute Of the Urhed States sgsios, sny
one Who should assault or moIeW either u
them, IN the execution OF the duties Of those
Offices, ,he du,ies of which they sre in The
daily discharge Of Ii will no, be %, ete ndsd