The New York herald., 1869-03-03
UNITED STATES SUPREME COURT

The Floyd Accepfances Illegal and Not Binding
upon the Government-rhe Agency Of an
Omccr Of the GOvernment-Thc Inquiry Put
upon the Purchaser Of Government Paper
The Victims Of the Acceptances.
Thomas W. Pierce Us. The United States, and toDo
other cdses.-These were appeals from the Court Of
Claims, where the petitions OF the claimants were
dismissed. The other two claimants represented In
the actions are E. D. Morgan Co.. Of New York,
and the Dover Five Cent Savings Bank, OF Maine
The facts involved have frequently been published In
these columns. The claims are founded on accep-
tances Of SECRETARY Floyd made in $780, for the pur
pose Of furnishing supplies and transportation to
the army Of Utah, under command OF Colonel Albert
$. Johnson. The contractors were the hrm OF Rus
Mr. Justice Miller now delivered the opinion Of
the court affirming the judgment Of the Court Of
settIed that when the United States becomes party
TO what Is called commercial paper they are bound
In any court to whose jurisdiction they submit by
the same principles that govern individuals In their
relations TO such paper; still the obligation OF the
government upon the act Of AN agent the court
will inquire into the authority OF the agent to re-
present the government and the right to recover on
such paper will depend upon the determination OF
such paper issued By indivduals, when we are sure
OF the signature we are sure that the person Is
bound because the right to make such paper belongs
TO all men. But the governments u an abstract en-
tity which has no hand 10 write or mouth TO speak
and has no signature which be recognized, a. In
through agents or oiiicers. These are many, and
have various ana diverse powers conlded 10 them.
An individual may instead & OF signing with sne. ms ~
accepts appoint an agent to do these things Tor
him. And this appointment may be Q general power
to draw or accept In all cases fully a. the prnci-
pal could or It may be limited authority 70 draw
or accept under given circumstances, denned IN the
case the person dealing with the agent, knowing
that he acts only BY virtue OF q delegated power,
must At his peru see that the paper on wCn en- ae le
acts, and this applies to every person VINO takes tne
paper afterwards; for 1t Is TO be kept In mind tnat
the protection which commercial usage throws
around negotiable paper cannot be used 10 establish
the authority by which IL was originally Issued.
These principles are well established IN regard 10
the transactions Of individuals. They are equally
applicable to those OF the government. whenever
negotiable paper Is found In the market purportlng
TO bind the government 1t must necessarily De
by the signature OF an officer Of the government and
the purchaser OF such paper, whether the nrst
oiIicer had authority to bind the government The
opinion then proceeds TO examine the authonty OF
meu o acseU snsse bills for his pncps and
after an elaborate inquiry, comes TO the concuslon
that no such authority existed IN the case Of these
acceptances either under the constitution ~ any
possible construction, under the decisions Of tnis
court, or by any system OF usage heretofore prac-
Mr. Justice Nelson, dissenting delivered an
! opinion, ln which Mr. Justice Clifford concuiA hold.
ing that secretary Floyd did possess the regqis,e M
OF ls20 which enacts that the Secretaries cf war
and Navy may provide for supplies and tranfporta-
ton TO troops In the field, and raise money OF make
contracts for that purpose in the absence Of any ap
preparation by Congress. Ii Ii therefore held that
the accepances In SUIT, under the circumstances OF
their ISSUE valid and binding on the government
The following are the sums and parties affected by
this declsion:-Thomas w. Pierce $4,000; Piefce a
Bacon, 100000; BENJAMIN Y. Bates. $4,000; Dover
Eve Five Cent Savings Bank $4,000; Langdon Bank,
Dover, N. H. s30,000 Cohec0 Bank, OF Dover, N. HI,
$4,000; Dover Bank, OF Dover, $4,000; NORTH Ber-
WICK Bank, Maine, $4,000; South Berwick Bank,
Name $4,000 Duncan sherman a Co., New fork,
S2ooooj shoe and Leather Bank New York, So, ooo
=. y. Morgan Co., New York, $4,000; Boatmen's
Savings Institution 81. Louis, S45,000; southern
BANK. 81 Louis $40 600; Merchants Bank, st. Louis,
$4,000; Franklin Savings Institution, st. Louis
$4,000; I.ucius Hopkins, New York. sio,oosi The
Bank OF ST Louis So 900; Bank OF Missouri Si60v0;
Union Bank o. Missouri, $4,000; Kreigcr > Co.,
trustees st. LOUIS $4,000; Farmers Bank, 81
Louis, 80, 600; Peoples Savings Institution, St.
Louis, $1,000. In ali S870,4oO.
TEE BARmoRR MUDER-A THOROUGH INvBsrr0A-
TON TO IN MADE.-General Cooper has been IN
structed by House resolution TO make o thorough
nvestlgA ION into the Barmore murder and n possi-
ble, to bring the perpetrators to justice. As sug-
g.stcd by the report OF the coroner after labored
investigation. the ilnricrs may oe In this locality.
! Nosiriue Untos. Fst. ~.