The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1846-01-27
OPINION.
OrlINIOIN.
or The Supreme Court Of The u

Of The Supreme Court Of the United States in
The case Of JHcRean buchanan, purser of the
Constitution. vs.. James Alexander and Others,
Mr.. Justice Mclean delivered the opinion Of
the court.
This is one of six cases depending upon the
same principle, which have been brought before
this court, by wrs of error TO the circuit superior
court for the county of Norfolk, State of Virginia,
under the twenty fifth section of The judiciary act
of 1889.
Dix wrlts of attachment were issued by Justice
Ut the peace OF the above county of Norfolk, by
boarding house keepers, against certain seamen Of
the frigate Constitution, which had just returned
from cruise. The wris were laid on moneys in
The hands of the purser, the plaintiff in error, duo
to the seamon for wages. The money was after
wards paid to the seamen by the purser, in disre
gard of the attachments, by the order of the Sec
rotary of The Navy.
The purser admitted before the justice, that the
several sums attached were in his hands due TO
the seamen, but contended he was not amenable
10 the process. The Justice entered judgments
against him on the attachments. The cases were
appealed TO the superior court of the county, which
affirmed the judgments of the justice; and that
being the highest court of the State which can
exercise jurisdiction in the cases, and its judgment
being against right and authority set up under
a la" 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 purser, though due to the Sea-
men for wages, was atiachable. A purser, it
would seem, cannot in, this respect be distinguish.
ed from any other disbursing agent OF the govern
ment. If the creditors of these seamen may, by
process of attachment, divert the public money
from lis legitimate and appropriate object, the
same thing may DO done as regards the pay of our
officers and men OF the army and of the navy, and
also in every other case where the public funds
may be placed in the hands Of an agent for dis
buTsement. To state such principle is to re-
flute 1T. No government can sanction it. At all
times it would be found embarrassing, and, under
some circumstances, 1t might be fatal TO the public
service.
The funds of the government are specifically
appropriated to certain national objects and It
such appropriations may be diverted and defeated
by State process or otherwise, the functions ofshe
government may be suspended. So long 40 money
remains in the hands of disbursng officer, il is
as much the money fthe United States as it ifhsd
not been drawn from the treasury. Until paid
over by the agent ofthe government to the person
entitled to il, the fund cannot in any legal sense,
he considered part of his effects The pursof
is not the debtor Of the seamen.
II is not doubted that cases may have arisen in
which the government, as matter of policy or
accommodation, may have aided creditor Of one
who received money for public services bot this
cannot have been under any supposed legal la
bility, as such liability attaches to the govern
ment, or to its disbursing officers. We think the
question in this is clear Of doubt and requires
no further illustration.
The judgments are reversed at the costs OF the
defendants, and the causes are remanded to the
Stale court, with instructions to dismiss the az
lachments at the costs Of the appellees.in ~"
court.
A New Highlander, riding in a railroad car on
southwest, somewhere, seemed to DO particularly
disposed TO astonish his fellow passengers WI"
large stories about YsDkeedom. At last no men
toned that one Of his neighbors owned an NV
nense dairy, and made million pounds Of bn..eI
and million pounds Of cheese in year. y s
story produced sensation, and the YANKEE
perceived that his veracily was in danger OF 0e"s
questioned, appealed to friend as follows:
True, isn't il, MIR. P----2 ! SPEAK ="
Deacon Brown-you know deacon Brown
9" Ye-e s." replied the friend" that is, yes
know Deacon Brown, though I don't know as
ever heard precisely how many pounds OF ou,'s.
and cheese he makes year, bat know ne "'s
twelve sawmills that ell 60 By butter milk!