The Arkansas banner., 1846-02-25
OPINION

OPINION
 of ate Supreme Court of he United lglaie,
 'a He case of sHc Keaa Bacbanaa, pprsel
 of He Consultation, vs Jamcs .3lerande1
 and othcrS .9
 Mr. Justice Mclean delivered the opinion of the court.
 This is one of six cases depending upor the same principle, which have been brough before this court, by wrts of error. 10 the circuit superior court for the county of Nor. folk, State of Virginia, under the twenty-fltf section of Inc judiciary act of l789.
 SIX Wrlts of attachment were issued by 6 ustice of the peace of the above county of Norfolk, by clearinghouse keepers, against certain seamen of the frigate Constitution. which had just returned from cruise. The wfits were laid on moneys in the hands ot the pursar, the plaintiff in error, due to the seamen for wages The money was after wards paid to the seamen by the purser, in disregard er the attachments, by the order o the Secretary of the Navy.
 The purser admitted before the justice, that the several sums attached were in his hands due to .he seamen, but contended he was not amendabe to the process. The justice entered judgments against him on the attachments. The cases were appealed to the supefi3r court of the county, which af- frmed the judgments of the justices and that being the highest court of the Stale which can exercise jurisdiction in the cases, and its judgment being against right and authority set up under d law of the United States, may be received in this court by writ of error.
 The important question is whether the money in the hands of the parser, though due to the seauen for wages, was attachable. l purser, 1t would seem, cannot, in this re- spect, be distinguished from any other dis bursting agent of the government. If the creditors of these seamen may, by process of attachment, divert the public money from it's legitimate and appropriate object, the same thing may be done as regards the pay of our officers and men of the army and of the navy and also n every other case where the pub lie funds may be placed in the hands of all agent for disbursement. To state such q principle is to refate il. No government can sanction il. At all times it would be found embarrassing, and under some circumstances, il might be fatal to the public service.
 fhe fanJIs of the government are specific a!iY appropriated to certain national objects :; and if saeIl appropriations may be diverted and defeated by Stale process CT otherwise, the functions of the government may be sus- pended. So long as money rena. ms Ill the hands of a disbursing officer, 1t is as much the money of the United States as if it had not been drawn from the treasury. Unti. Eaid over by the agent of the government to the person entitled to it, the fund cannot, in any legal sense. be considered part of his effects The purser is not the debtor of the seamen.
 It is not doubted that eases may have arisen in which the government, as matter of policy or Accommodation, may have aided a creditor of one who received money for pablc services; but this cannot have been under any supposed lagal liability, as no such liability attaches to the government, or to ifs dIsbufsing officers. We think theques- tion in ths case is clear of doubt, and re- quires no further illustration.
 Tine judgments are reversed at the costs of the defendants and the causes are renan- ded to the Staio court, whith instructions to dismiss the attachments at the costs of the appelleea in that court.
 TIE RUMoRED MONARCHY IN MExIco.-
 The following sensible article is taken from & letter from the Washington correspondent of the Mobile Register:
 "Some lule speculation is on foot in re- gard to the probable intention of France and Spain using their combined efforts 10 place the Prince de Jonville upon the throne oi imperial Mexico. It is all rumor and what truth there may be in 1t is of little impor- tance Should Mexico become a monarchy, it's influence as nation would have no effect upon the prosperity or peace of this country We shall insist upon speedy settlement oI our claims, whatever may be the result; and should any caprice b. indulged against us, i'll treating our overtures disrespectlully, we will not be found in very amicable mood, assure you. The intention of President Polk is to have a speedy settlement of our Iong-delayed claims whatever may be the result.
 IMPORTANT, IF TRUE,-There is flying rumor abroad that Mr. Patton, of Petersburg, Va, has inventeda d machine for navigating the air, after years of incessant application and study. Itis balloon, and can move 5O or 50 miles an hour. Connected with 1t IS a battery, from which he can discharge from one to tenlhousand one ounce ballsa minute. He has likewise broughtto perfection subma- rine battery, togo 10 or l2 2milcs an hour and with which, by means of torpedo, he can blow up a hostile fleet in thirty minutes. He can carry despafches to and from Oregon in hundred and twenty hours.-.N o. Dclta.
 APRfNrER's ToAsT.-The following toast was drunk at the late celebration of the an niversay of the Philadelphia Typographical Association.
 ByE. Gralion.-Ou Consteliation-Eng- land would willingly rob us of V; but she will find we have got I I and tt to protect our rights: Not a beneath the of o4 shall ever be forced from us and the Brit
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